Management Spectrum Park Eligibility and Associated Persons

Jonathan Brewer made this Official Information request to Ministry of Business, Innovation & Employment

Currently waiting for a response from Ministry of Business, Innovation & Employment, they must respond promptly and normally no later than (details and exceptions).

From: Jonathan Brewer

Dear Ministry of Business, Innovation & Employment,

The Managed Spectrum Park Licence Agreement March 2015 (ISBN: 978-0-478-43393-7) (Licence Agreement) governs the use of Management Right 258, a shared portion of the radio spectrum in the 2.5 GHz band.

Section 4.3 of the Licence Agreement prohibits licensees or their associates from holding an interest in any other 2.3 GHz or 2.5 GHz management rights.

Section 12.2 of the Licence Agreement presents a number of different ways that persons could be considered associates.

DOIA 2021 2062 response "Annex One Eligibility Statutory Declarations Final.pdf" item 84 (page 94) shows that MBIE was aware that Wellington International Airport (WIAL) was an associate of Vodafone per Section 12.2 of the Licence Agreement upon WIAL's application for use of the spectrum in 2019.

MBIE went on to sign an agreement on the 23rd of January 2020 allowing WIAL to use the spectrum on licence IDs 208523, 208774, 208775, 208776, 208777, 208778, 208779, and 208710.

On the 24th of May 2021, in regards to a question of whether a pair of companies were associated, Radio Spectrum Management's Manager of Policy and Planning Len Starling wrote via email: "RSM has recently been through a similar issue with Wellington International Airport and Vodafone. In that case (which has been tested by the Ombudsman) the decision was that WIAL and Vodafone are associates due to their common ownership by Infratil."

Sufficient time has passed to allow MBIE to cancel WIAL licences since the Ombudsman decision, and yet the licences remain active in the Registry of Radio Spectrum.

Please release all details of the WIAL MSP complaint and the decision made by the Ombudsman. Please explain how WIAL is allowed to hold licences when they are an associate of Vodafone, in violation of Section 4.3 of the Licence Agreement.

Yours faithfully,

Jonathan Brewer

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From: Ministerial Services
Ministry of Business, Innovation & Employment

Ref: 2122-0099

 

Dear Jonathan,

 

On behalf of the Ministry of Business, Innovation and Employment I
acknowledge your email of 12^th of July 2021 requesting under the Official
Information Act 1982 (the Act), the following:

 

“Please release all details of the WIAL MSP complaint and the decision
made by the Ombudsman. Please explain how WIAL is allowed to hold licences
when they are an associate of Vodafone, in violation of Section 4.3 of the
Licence Agreement.”

 

Your request is being processed in accordance with the Act and a response
will be sent to you in due course.

 

If you have any enquiries regarding your request, or its urgency, feel
free to contact us via email at [1][MBIE request email].

 

Nâku noa, nâ

MINISTERIAL SERVICES

               

Corporate, Governance and Information

Ministry of Business, Innovation and Employment

Level 4, 15 Stout Street, PO Box 1473, Wellington 6140

NZBN 9429000106078

 

[2]www.govt.nz - your guide to finding and using New Zealand government
services

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