(1) Chapter 4 of Part 29 of the Principal Act is amended -
(a) in section 769A(1), by inserting the following after the definition of "capacity rights":
"'control' shall be construed in accordance with section 432;
'qualifying expenditure' means capital expenditure incurred on the purchase of capacity rights, but does not include expenditure incurred on or after 6 February 2003 which consists of a licence fee or other payment paid to the Commission for Communications Regulation in respect of a licence or permission granted by that Commission on or after that date under
(a) the Wireless Telegraphy Acts 1926 to 1988, or
(b) the Postal and Telecommunications Services Act 1983;",
(b) in section 769B -
(i) by substituting "qualifying expenditure" for "capital expenditure" in both places where it occurs in subsection (1) and in the meaning of "A" in subsection (2) (b), and
(ii) by inserting the following after subsection (2):
(a) Notwithstanding any other provisions of this Chapter, whe
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