5Interpretation

1. In this Act, unless the context otherwise requires,—

   1987 Act means the Telecommunications Act 1987

   access provider—

   1. means, in relation to a designated service or specified service, the person named or described in Part 2, or Part 3, of Schedule 1 as the access provider for the designated service or specified service; and
   2. means, in relation to a service that is supplied under a registered undertaking, the person that provided the undertaking under Schedule 3A; and
   3. means, in relation to a fibre fixed line access service, the regulated fibre service provider who provides the service

   access seeker—

   1. means, in relation to a designated service or specified service, the person named or described in Part 2, or Part 3, of Schedule 1 as the access seeker for the designated service or specified service; and
   2. means, in relation to a service that is supplied under a registered undertaking, a service provider who seeks access to the service and who complies with any conditions set out in the registered undertaking for eligibility as an access seeker; and
   3. means, in section 155ZZD, a person who seeks access to a fibre optic cable that must be provided on an open access basis under that section; and
   4. means, in relation to a fibre fixed line access service, a person who seeks access to the service from the regulated fibre service provider

   annual CPI adjustment means, in relation to a price, an annual adjustment to the price that is equal to any percentage movement in the CPI as measured between—

   1. the CPI for the quarter that ended most recently before the price adjustment; and
   2. the CPI for the equivalent quarter in the preceding year

   applicable access principles, in relation to a designated access service or specified service, means the access principles described in subpart 1 of Part 2, or Part 3, of Schedule 1 as the access principles for the designated access service or specified service

   applicable conditions, in relation to a designated service or specified service, means the conditions set out in Part 2, or Part 3, of Schedule 1 as the conditions for the designated service or specified service

   applicable final pricing principle, in relation to a designated access service, means the final pricing principle described in subpart 1 of Part 2 of Schedule 1 as the final pricing principle for the designated access service

   applicable initial pricing principle, in relation to a designated access service, means the initial pricing principle described in subpart 1 of Part 2 of Schedule 1 as the initial pricing principle for the designated access service

   appropriation period means, in relation to a cost,—

   1. a financial year; or
   2. if the cost will be incurred under the authority of a multi-year appropriation or of a multi-year appropriation proposed in any Estimates, the financial years to which the multi-year appropriation applies

   approved code—

   1. means a telecommunications access code that has been approved by the Commission under clause 9 or clause 10 of Schedule 2; and
   2. includes any amendment to an approved code that has been approved under either of those clauses

   auditor's report has the meaning set out in section 83(b)

   broadcasting has the same meaning as in section 2(1) of the Broadcasting Act 1989

   Commission means the Commerce Commission established by section 8 of the Commerce Act 1986

   Commission 111 contact code means a code made by the Commission under section 238

   Commission code means either of the following:

   1. a Commission 111 contact code:
   2. a Commission retail service quality code

   Commission retail service quality code or Commission RSQ code means a retail service quality code made by the Commission under Part 7

   Commission’s Internet site means an Internet site maintained by or on behalf of the Commission

   computer record has the meaning set out in section 116(2)

   copper fixed line access services means the following (as they are described in subpart 1 of Part 2 of Schedule 1):

   1. Chorus’s unbundled bitstream access:
   2. Chorus’s unbundled copper low frequency service

   CPI means the Consumers Price Index (all groups) published by Statistics New Zealand or, if that index ceases to be published, any measure certified by the Government Statistician as being equivalent to that index

   deemed TSO instrument has the meaning set out in section 71

   designated access service means a service described in subpart 1 of Part 2 of Schedule 1

   designated multinetwork service means a service described in subpart 2 of Part 2 of Schedule 1

   designated service means a designated access service or designated multinetwork service

   document, except in section 69XQ, has the same meaning as in section 2(1) of the Commerce Act 1986

   draft code—

   1. means a draft telecommunications access code prepared by the Forum under clause 1 of Schedule 2; and
   2. includes a proposed amendment to, or proposed revocation of, an approved code

   eligible person means a person who is—

   1. registered with the Commission for the purpose of voting on a draft code under clause 4 of Schedule 2; and
   2. a member of the Forum

   end-user, in relation to a telecommunications service, means a person who is the ultimate recipient of that service or of another service whose provision is dependent on that service

   Estimates means—

   1. Estimates as defined in section 2(1) of the Public Finance Act 1989; and
   2. Supplementary Estimates as defined in section 2(1) of that Act

   existing lines—

   1. means any lines constructed by Telecom or any of its former subsidiaries before 1 April 1989; and
   2. includes any lines that were wholly or partly in existence, or for which work on the construction, erection, or laying commenced, before 1 April 1989

   existing residential line—

   1. means a Telecom residential line (other than a party line or a second line) that was an active connection on 20 December 2001; and
   2. to avoid doubt, includes any such line that has been replaced or altered since 20 December 2001

   existing works—

   1. means any works relating to the provision of telecommunications under the Post Office Act 1959 (or any former Act) that were wholly or partly in existence, or for which work on the construction, erection, or laying commenced, before 1 January 1988; but
   3. does not include any works that, after that date, have been altered or moved or added to in a way that substantially alters their character or location, as the case may be; and
   4. in subpart 4 of Part 4, has the same meaning as in section 155ZS

   fibre fixed line access service—

   1. means a telecommunications service that enables access to, and interconnection with, a regulated fibre service provider’s fibre network; but
   2. does not include the following:
      1. a telecommunications service provided by a regulated fibre service provider (F) if the ultimate recipient of the service is F or a related party of F (as if the test for related parties were the same as the test in section 69U, applied with any necessary modifications):
      2. a telecommunications service provided, in any part other than a part located within an end-user’s premises or building, over a copper line:
      3. a telecommunications service used exclusively in connection with a service described in paragraph (ii)

   fibre handover point means the external network-to-network interface (or equivalent facility) located at the specified point of interconnection for the relevant end-user’s premises, building, or other access point that enables access to, and interconnection with, a regulated fibre service provider’s fibre network

   fibre network means a network structure used to deliver telecommunications services over fibre media that connects the user-network interface (or equivalent facility) of an end-user’s premises, building, or other access point to a regulated fibre service provider’s fibre handover point

   fibre-to-the-premises access network has the meaning set out in section 156AB

   financial year means a period of 12 months beginning on 1 July in any year and ending on 30 June in the following year

   fixed PDN—

   1. means a PDN, or that part of a PDN, that connects an end-user's building (or, in the case of commercial buildings, the building distribution frames) to a data switch or equivalent facility; and
   2. includes the data switch or equivalent facility and that part of the overall telecommunications link within the building that connects to the end-user's equipment

   fixed PSTN—

   1. means a PSTN, or that part of a PSTN, that connects an end-user's building to the local switches or equivalent facilities; and
   2. includes those local switches or equivalent facilities

   fixed radio station means radio apparatus comprising transmitters or receivers, or a combination of transmitters and receivers, installed at a fixed location, for the purposes of carrying on a radiocommunications service

   Forum means the Telecommunications Industry Forum, which is a group that consists of at least 75% of all persons who are, for the time being, registered with the Commission for the purpose of voting on a draft code under clause 4 of Schedule 2

   implementation date means the later of—

   1. 1 January 2020; and
   2. any date specified by the Minister in accordance with clause 9 of Part 2 of Schedule 1AA

   industry retail service quality code or industry RSQ code means a retail service quality code made by the Forum

   liability allocation determination means a determination of the Commission prepared in accordance with section 87(1)(a)

   liable person means a person who provides a telecommunications service in New Zealand by means of some component of a PTN that is operated by the person

   line—

   1. means a wire or a conductor of any other kind (including a fibre optic cable) used or intended to be used for the transmission or reception of signs, signals, impulses, writing, images, sounds, instruction, information, or intelligence of any nature by means of any electromagnetic system; and
   2. includes—
      1. any pole, insulator, casing, fixture, tunnel, or other equipment or material used or intended to be used for supporting, enclosing, surrounding, or protecting any of those wires or conductors; and
      2. any part of a line

   local authority means a local authority within the meaning of the Local Government Act 2002

   Minister means the Minister of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, is for the time being responsible for the administration of this Act

   Ministry means the Ministry responsible for administering this Act

   multi-year appropriation means an appropriation authorised to apply for more than 1 financial year (see section 10 of the Public Finance Act 1989)

   net cost,—

   1. in relation to an instrument that is declared to be a TSO instrument under section 70, means the unavoidable net incremental cost to an efficient service provider of providing the service required by the TSO instrument to commercially non-viable end-users; and
   2. in relation to a deemed TSO instrument that requires the supply of a service to end-users, means the unavoidable net incremental cost to an efficient service provider of providing the service required by the TSO instrument to all end-users connected to existing residential lines; and
   3. in relation to a deemed TSO instrument that requires the supply of a wholesale service that is an input to a service supplied to end-users, means the unavoidable net incremental cost to an efficient service provider of providing the service required by the TSO instrument to another service provider for the purpose of making a retail service available to all end-users connected to existing residential lines

   net revenue means the range of direct and indirect revenues and associated benefits derived from providing telecommunications services to all end-users connected to existing residential lines, less the costs of providing those services to those end-users

   network means a system comprising telecommunication links to permit telecommunication

   network operator means any person declared under—

   1. section 105 to be a network operator for the purposes of this Act or any provision of this Act; or
   2. section 2A of the 1987 Act (as it read immediately before the commencement of this Act) to be a network operator for the purposes of that Act or any provision of that Act

   party or parties means,—

   1. for a determination made under section 27, the access seeker and the access provider of the service; and
   2. for a standard terms determination made under section 30M, a designated multinetwork service determination made under section 39, or an approved code under Schedule 2, all access seekers and all access providers of the service (whether they became an access seeker or an access provider before or after the determination was made or the code was approved); and
   3. for a registered undertaking under Schedule 3A, the access provider of the service and the Commission

   PDN or public data network means a data network used, or intended for use, in whole or in part, by the public

   price (except in subpart 6 of Part 2A) includes—

   1. valuable consideration in any form, whether direct or indirect; and
   2. any consideration that in effect relates to the acquisition of goods or services or the acquisition or disposition of any interest in land, even though it ostensibly relates to any other matter or thing

   proposed addition has the meaning set out in clause 8(1)(b) of Schedule 3

   proposed alteration has the meaning set out in clause 1(1) of Schedule 3

   proposed omission has the meaning set out in clause 8(1)(a) of Schedule 3

   PSTN or public switched telephone network means a dial-up telephone network used, or intended for use, in whole or in part, by the public for the purposes of providing telecommunication between telephone devices

   PTN or public telecommunications network—

   1. means a network used, or intended to be used, in whole or in part, by the public for the purpose of telecommunication:
   2. includes—
      1. a PSTN:
      2. a PDN

   public notice has the meaning set out in section 6

   qualified auditor means a person who is qualified for appointment as an auditor in accordance with any prescribed requirements or, if there are no prescribed requirements, any requirements of the Commission

   qualified revenue means the revenue (as determined in accordance with any specifications set by the Commission) that a liable person receives during a financial year for supplying either or both of the following (excluding any amount paid to the liable person by the Crown as compensation for the cost of complying with a TSO instrument that contains a specified amount and excluding any amount under section 85A):

   1. telecommunications services by means of its PTN:
   2. telecommunications services by means that rely primarily on the existence of its PTN or any other PTN

   radio frequency means electromagnetic waves of frequencies between 9 kilohertz and 3 000 gigahertz, propagated in space without artificial guide

   registered undertaking has the meaning set out in clause 1 of Schedule 3A

   regulated fibre service provider means a person who is prescribed in regulations made under section 226 as being subject to 1 or both of the following:

   1. information disclosure regulation:
   2. price-quality regulation

   retail service quality, in relation to a telecommunications service, means the quality of retail service provided to an end-user of the service, including in relation to the following:

   1. customer service and fault service levels:
   2. installation issues:
   3. contract issues:
   4. product disclosure:
   5. billing:
   6. the switching process and related information:
   7. service performance, speed, and availability

   retail service quality code means a code of conduct relating to retail service quality that applies to the provision of 1 or more types of telecommunications service

   road includes—

   1. a street and any other place to which the public have access, whether as of right or not; and
   2. land that is vested in a local authority for the purpose of a road as shown on a deposited survey plan; and
   3. all bridges, culverts, ferries, and fords that form part of any road, street, or any other place referred to in paragraph (a) or paragraph (b)

   service provider, except in subpart 3 of Part 4 and Part 4AA, means a provider of a telecommunications service

   Spark—

   1. means Spark New Zealand Limited (the company previously known, before 8 August 2014, as Telecom); and
   2. includes any of its subsidiaries

   specified amount has the meaning set out in section 71A

   specified fibre area means an area that has been declared by the Commission, under section 69AB, to be a specified fibre area

   specified point of interconnection means a point of interconnection prescribed under section 231

   specified service means a service described in Part 3 of Schedule 1

   subsidiary has the same meaning as in sections 5 and 6 of the Companies Act 1993

   Telecom—

   1. means Telecom Corporation of New Zealand Limited; and
   2. includes any of its subsidiaries

   telecommunication means the conveyance by electromagnetic means from one device to another of any encrypted or non-encrypted sign, signal, impulse, writing, image, sound, instruction, information, or intelligence of any nature, whether for the information of any person using the device or not

   telecommunication link means any line, radio frequency, or other medium used for telecommunication

   telecommunications access code has the meaning set out in section 7(1)

   Telecommunications Commissioner means the Telecommunications Commissioner appointed under section 9(3)

   telecommunications service means any goods, services, equipment, and facilities that enable or facilitate telecommunication

   telephone device means any terminal device capable of being used for transmitting or receiving any communications over a network designed for the transmission of voice frequency communication

   TSO or telecommunications service obligations means obligations in relation to a TSO instrument

   TSO charges means the amounts payable to a TSO provider by the Crown under section 94L(1)

   TSO cost allocation determination means a determination prepared by the Commission in accordance with sections 87 to 91

   TSO cost calculation determination means a determination of the Commission prepared in accordance with section 94J(1)(a)

   TSO instrument or telecommunications service obligation instrument means—

   1. an instrument that is declared to be a TSO instrument under section 70:
   2. a deemed TSO instrument

   TSO provider or telecommunications service obligation provider means a provider of a telecommunications service under a TSO instrument

   UFB initiative—

   1. means the competitive tender programme, known as the Ultra-fast Broadband Initiative, to develop fibre-to-the-premises broadband networks connecting 75% of New Zealand households, with the support of $1.5 billion of Crown investment funding; and
   2. includes—
      1. the extension to that programme known as UFB 2, to develop fibre-to-the-premises networks connecting at least 80% of New Zealand households (which, to avoid doubt, includes the extension to UFB 2 known as UFB 2+); and
      2. any other extension to the programme

   wireless works means any works relating to the provision of any wireless or mobile telecommunications services

   working day means a day of the week other than—

   1. a Saturday, a Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign’s birthday, Te Rā Aro ki a Matariki/Matariki Observance Day, and Labour Day; and
   2. the day observed in the appropriate area as the anniversary of the province of which the area forms part; and
   3. a day in the period commencing with 25 December in any year and ending with 2 January in the following year; and
   4. if 1 January in any year falls on a Friday, the following Monday; and
   5. if 1 January in any year falls on a Saturday or a Sunday, the following Monday and Tuesday; and
   6. if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday

   works includes—

   1. a line and any instrument, furniture, plant, office, building, machinery, engine, excavation, or work, of whatever description, used in relation to, or in any way connected with, a line; and
   2. a fixed radio station.