Part 4AAServices provided using networks developed with Crown funding: Undertakings regime and Commerce Act 1986 authorisations
Preliminary provisions
156ABInterpretation
In this Part, unless the context otherwise requires,—
access seeker means a person who seeks access to a relevant service
arm's-length has the meaning set out in section 69D
Crown includes Crown Fibre Holdings Limited
disclose means to supply to the Commission
equivalence, in relation to the supply of a relevant service, means equivalence of supply of the service and access to the service provider's network so that third-party access seekers are treated in the same way to the service provider's own business operations, including in relation to pricing, procedures, operational support, supply of information, and other relevant matters
fibre-to-the-premises access network—
- means a network structure used to deliver telecommunications services over fibre media that connects a powered node in a central office location (an exchange or equivalent powered facility) to an end-user's premises or building, or the optical distribution facility of an end-user's premises or building; and
- includes the powered node in the central office location; and
- includes that part of the overall telecommunications link that connects to the end-user's equipment
information includes any statement, certificate, or other information required to be disclosed under this Part
layer 1 service has the same meaning as in the document New Zealand Government Ultra-Fast Broadband Initiative Invitation to Participate in Partner Selection Process dated October 2009 (as amended)
LFC or local fibre company means a company through which the investment of the Crown and a UFB partner in relation to a fibre optic communications network is effected, including—
- a company in which the Crown and the UFB partner hold shares; and
- a company in which the Crown holds a financial interest pursuant to the selection of that company as a UFB partner
LFC fibre network means a fibre-to-the-premises access network that is owned or operated by an LFC
non-discrimination, in relation to the supply of a relevant service, means that the service provider must not treat access seekers differently, or, where the service provider supplies itself with a relevant service, must not treat itself differently from other access seekers, except to the extent that a particular difference in treatment is objectively justifiable and does not harm, and is unlikely to harm, competition in any telecommunications market
point-to-multipoint layer 1 service means a layer 1 service provided over a network configuration that enables each fibre to provide multiple end-point connections
prescribed means prescribed by the Commission
relevant service—
- in subparts 2 and 3, means a wholesale telecommunications service that is provided using, or that provides access to unbundled elements of, an LFC fibre network; and
- in subpart 4, means a wholesale telecommunications service that is provided using, or that provides access to, unbundled elements of a network that is constructed with funding provided, in whole or in part, by the Crown as part of the Rural Broadband Initiative; and
- in subpart 7, has the same meaning as in section 156AZE
Rural Broadband Initiative means the programme to develop enhanced broadband infrastructure in non-urban areas of New Zealand with the support of Crown grant funding
service provider means a provider of a relevant service
UFB 2 has the same meaning as in paragraph (b)(i) of the definition of UFB initiative
UFB partner means a successful tenderer in the UFB initiative
undertaking means an undertaking under this Part.
- means a network structure used to deliver telecommunications services over fibre media that connects a powered node in a central office location (an exchange or equivalent powered facility) to an end-user's premises or building, or the optical distribution facility of an end-user's premises or building; and
Notes
- Section 156AB: inserted, on , by section 81 of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
- Section 156AB relevant service paragraph (b): amended, on , by section 14(1) of the Telecommunications (Property Access and Other Matters) Amendment Act 2017 (2017 No 16).
- Section 156AB relevant service paragraph (c): inserted, on , by section 14(2) of the Telecommunications (Property Access and Other Matters) Amendment Act 2017 (2017 No 16).
- Section 156AB UFB 2: inserted, on , by section 14(3) of the Telecommunications (Property Access and Other Matters) Amendment Act 2017 (2017 No 16).
- Section 156AB UFB initiative: repealed, on , by section 39(8) of the Telecommunications (New Regulatory Framework) Amendment Act 2018 (2018 No 48).


