Telecommunications Act 2001

Services provided using networks developed with Crown funding: Undertakings regime and Commerce Act 1986 authorisations - Preliminary provisions

156AB: Interpretation

You could also call this:

"What special words mean in the Telecommunications Act"

Illustration for Telecommunications Act 2001

When you read this part of the law, some words have special meanings. The term "access seeker" refers to a person who wants to use a certain service. The word "Crown" includes a company called Crown Fibre Holdings Limited.

You need to know what "disclose" means - it means to give information to the Commission. The term "equivalence" is about treating everyone the same when supplying a service. A "fibre-to-the-premises access network" is a type of network that delivers telecommunications services over fibre media to a person's home or building.

The law also explains what "information" and "layer 1 service" mean. A "local fibre company" or "LFC" is a company that invests in a fibre optic communications network with the Crown. The term "non-discrimination" means a service provider must not treat access seekers differently unless it is fair and does not harm competition.

You should understand that a "relevant service" can have different meanings depending on the context, such as in subparts 2 and 3, or in subpart 4, or in subpart 7 which refers to section 156AZE. The "Rural Broadband Initiative" is a programme to improve broadband infrastructure in non-urban areas with Crown funding. A "service provider" is a company that provides a relevant service.

The law also defines what "UFB partner" and "undertaking" mean. It is essential to understand these terms to comprehend this part of the law.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3877896.


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Part 4AAServices provided using networks developed with Crown funding: Undertakings regime and Commerce Act 1986 authorisations
Preliminary provisions

156ABInterpretation

  1. 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

              1. 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
                1. includes the powered node in the central office location; and
                  1. 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—

                        1. a company in which the Crown and the UFB partner hold shares; and
                          1. 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

                                    1. 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
                                      1. 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
                                        1. 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.

                                                  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).