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Telecommunications Act 2001

Designated services and specified services - Standard terms determinations for designated access services and specified services - Standard terms development process

30C: When standard terms development process may be initiated

You could also call this:

"When can the Commission start creating standard rules for a phone or internet service?"

Illustration for Telecommunications Act 2001

The Commission can start the standard terms development process for a service on its own. You need to know that the Commission can do this for a designated access service or a specified service. The Commission has the power to make this decision.

The Commission cannot start this process if certain conditions for the service have not been met. You should be aware that the Commission can check if these conditions have been met before or while preparing a standard terms determination under section 30M. The Commission will investigate this.

If the Commission finds out that the conditions have not been met, it must stop its investigation. This can happen at any time, and the Commission will stop either all of its investigation or just the part related to the market where the conditions have not been met. The Commission can also start a single process for two or more services if it thinks that is appropriate.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM126016.

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Part 2Designated services and specified services
Standard terms determinations for designated access services and specified services: Standard terms development process

30CWhen standard terms development process may be initiated

  1. The Commission may, on its own initiative, initiate the standard terms development process for a designated access service or specified service.

  2. However, the Commission may not initiate that standard terms development process if the applicable conditions in relation to the service (if any) have not been met.

  3. The Commission may investigate whether the applicable conditions in relation to the service have been met either—

  4. before deciding to initiate the standard terms development process; or
    1. at the time it prepares a standard terms determination under section 30M.

      1. However, if the Commission is satisfied, at any time, that the applicable conditions in relation to the service have not been met, the Commission must discontinue—

      2. all of its investigation; or
        1. as the case may be, that part of its investigation that relates to the market in which those conditions have not been met.

          1. For the purposes of subsection (1), the Commission may, if it considers it appropriate in the circumstances, initiate a single combined standard terms development process for 2 or more designated access services or specified services.

          Notes
          • Section 30C: inserted, on , by section 13 of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).