Printed from https://fyi.org.nz/request/16040-management-spectrum-park-eligibility-and-associated-persons?unfold=1 on December 22, 2024 20:55

Management Spectrum Park Eligibility and Associated Persons

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

The request was successful.

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
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From: Len Starling
Ministry of Business, Innovation & Employment

Hi Jon

 

Responding to your phone call, this is to let you know that your OIA is
still being worked on.  We’re just having to do some external consultation
before we finalise it. (Ironically, we have to consult with the Ombudsman
on this one as the request includes information that is theirs.)   We have
the due date recorded as 9 August but will of course send before then if
it’s ready.

 

Regards

 

Len

 

From: Ministerial Services
Sent: Monday, 12 July 2021 4:21 pm
To: [FOI #16040 email]
Subject: Acknowledgement of your Official Information Act Request
(2122-0099) [UNCLASSIFIED]

 

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

--------------------------------------------------------------------------

Any opinions expressed in this message are not necessarily those of the
Ministry of Business, Innovation and Employment. This message and any
files transmitted with it are confidential and solely for the use of the
intended recipient. If you are not the intended recipient or the person
responsible for delivery to the intended recipient, be advised that you
have received this message in error and that any use is strictly
prohibited. Please contact the sender and delete the message and any
attachment from your computer.

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From: *OIA
Ministry of Business, Innovation & Employment

Attachment DOIA 2122 0099 Jonathan Brewer Response letter and schedule.pdf
378K Download View as HTML

Attachment 1 Wellington International Airport Ltd Statutory declaration of eligibility October 2019 N63.pdf
130K Download View as HTML

Attachment 2 Formal Complaint MSP Notie 63 Process Allocation Rules Redacted.pdf
219K Download View as HTML

Attachment 3 Response letter to complainant 27 February 2020 MSP Notice 63 Process Association Rules Redacted.pdf
185K Download View as HTML

Attachment 4 Wellington International Airport Ltd Managed Spectrum Park Ineligibility to hold licences Redacted.pdf
227K Download View as HTML

Attachment 5 Correspondence Out sent 7 July 2020 Redacted 2.pdf
246K Download View as HTML

Dear Mr Brewer,

Please find attached a response and documents from Mr Len Starling in
response to your Official Information Act 1982 request ref DOIA 2122-0099

 

Yours sincerely

 

Ministerial Services, Building Resources & Markets Group
Ministry of Business, Innovation & Employment.

Waea/DDI:  +64 4 978 3952, Waea/Free Phone: 0508 RSM INFO (776 463)

 

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

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Any opinions expressed in this message are not necessarily those of the
Ministry of Business, Innovation and Employment. This message and any
files transmitted with it are confidential and solely for the use of the
intended recipient. If you are not the intended recipient or the person
responsible for delivery to the intended recipient, be advised that you
have received this message in error and that any use is strictly
prohibited. Please contact the sender and delete the message and any
attachment from your computer.

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