Telecommunications Act 2001

Telecommunications service obligations - TSO charges payable by the Crown - Calculation of amount payable by TSO provider

94B: Withdrawal of request for TSO cost calculation determination

You could also call this:

"Withdrawing a request to calculate the cost of a special phone or internet service"

Illustration for Telecommunications Act 2001

If you are a TSO provider and you ask the Commission to calculate the cost of a TSO under section 94, you can later change your mind and withdraw your request. You must tell the Commission in writing before they make a final decision about the cost under section 94J(1)(b). You will have to pay the Commission's costs, including any expert advice they got, for the work they did before you withdrew your request, and they will tell you how much to pay in writing.

If you withdraw your request, the Commission will direct you to pay their costs for the parts of the process they completed before you withdrew, which includes the steps in sections 94F to 94K. The Commission will enforce this direction according to section 94A(2) and (3). You will receive a written direction from the Commission about how much to pay.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3870194.


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94A: TSO provider who requests TSO cost calculation determination liable for costs in certain circumstances, or

"If a TSO provider asks for a cost calculation, they might have to pay for the Commission's work."


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94C: TSO charges deemed to be zero if TSO provider does not request TSO cost calculation determination, or

"No TSO charges if provider doesn't ask for a cost check"

Part 3Telecommunications service obligations
TSO charges payable by the Crown: Calculation of amount payable by TSO provider

94BWithdrawal of request for TSO cost calculation determination

  1. A TSO provider who notifies the Commission under section 94 may subsequently withdraw its request for a TSO cost calculation determination.

  2. The withdrawal must be made by submitting a notice in writing to the Commission before the Commission publicly notifies its final TSO cost calculation determination under section 94J(1)(b).

  3. A TSO provider who withdraws a request for a TSO cost calculation determination must pay the costs of the Commission (including the costs of any expert advice) relating to as much of the procedure in sections 94F to 94K as has been undertaken in preparing the determination before the withdrawal, as directed by the Commission in writing.

  4. Section 94A(2) and (3) apply to the enforcement of the direction.

Notes
  • Section 94B: inserted, on , by section 15 of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).