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Telecommunications Act 2001

Services provided using networks developed with Crown funding: Undertakings regime and Commerce Act 1986 authorisations - Undertakings relating to networks developed with Crown funding as part of UFB initiative - Requirements for undertakings

156AD: Main requirements for undertakings

You could also call this:

"What a telecommunications company promises to do for its customers"

Illustration for Telecommunications Act 2001

You need to know what an LFC is. An LFC must make an undertaking. The undertaking is like a promise. It must say the LFC will supply unbundled layer 1 services on its fibre network. The LFC must also be fair to all its customers. You should understand what the undertaking must include. It must say the LFC will achieve non-discrimination and equivalence in relation to the supply of services. The LFC must also deal with its partner on fair terms. The undertaking must provide for access seekers to have the same access to information. It must also specify rules for treating confidential information. The LFC must disclose relevant information to the Commission. There is a thing called the specified date. This date is different for different LFCs. For some LFCs, it is 1 January 2020. For others, it is 1 January 2026. The undertaking can say how disputes will be resolved. But it cannot say what price the LFC will charge for its services. It also cannot make rules for services that are not relevant.

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156AC: Purposes, or

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156AE: Minister may determine further requirements for undertakings, or

"The Minister can make extra rules for some services to follow."

Part 4AAServices provided using networks developed with Crown funding: Undertakings regime and Commerce Act 1986 authorisations
Undertakings relating to networks developed with Crown funding as part of UFB initiative: Requirements for undertakings

156ADMain requirements for undertakings

  1. An LFC must enter into an undertaking in accordance with this subpart.

  2. The undertaking must—

  3. be executed by the LFC; and
    1. provide for the LFC to supply unbundled layer 1 services on all parts of its fibre-to-the-premises access network on and after the specified date; and
      1. provide for the LFC to—
        1. achieve non-discrimination in relation to the supply of relevant services; and
          1. design and build the LFC fibre network in a way that enables equivalence in relation to the supply of unbundled layer 1 services to be achieved on and after the specified date; and
            1. achieve equivalence in relation to the supply of unbundled layer 1 services on and after the specified date; and
            2. provide for the LFC to deal with the UFB partner on arm's-length terms (unless the UFB partner and the LFC are not separate entities); and
              1. provide for the LFC to maximise the use of standard terms for the supply of services through the use of template, or model, agreements; and
                1. provide for access seekers to have the same access to information from the LFC; and
                  1. specify rules for the treatment of confidential information relating to access seekers; and
                    1. provide for disclosure of relevant information to the Commission, to support the Commission's assessment of compliance with the undertaking; and
                      1. provide for any other matters required by a determination of the Minister under section 156AE.

                        1. An undertaking may specify a mechanism for resolution, by a suitably qualified and experienced independent person, of any disputes that arise between the LFC and access seekers after the undertaking is approved.

                        2. Subsection (3) does not limit the further matters that may be included in an undertaking.

                        3. However, an undertaking must not—

                        4. provide for rules or obligations in respect of services that are not relevant services (including layer 1 services); or
                          1. specify the price or non-price terms of supply for any telecommunications service.

                            1. In this section,—

                              specified date means,—

                              1. in relation to UFB 1 LFCs, 1 January 2020, unless paragraph (c) applies; and
                                1. in relation to UFB 2 LFCs, 1 January 2026; and
                                  1. in relation to UFB 1 LFCs that win contracts for UFB 2,—
                                    1. 1 January 2020 for the UFB 1 part of the relevant network; and
                                      1. 1 January 2026 for the UFB 2 part of the relevant network

                                      UFB 1 has the same meaning as in paragraph (a) of the definition of UFB initiative.

                                      Notes
                                      • Section 156AD: inserted, on , by section 81 of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
                                      • Section 156AD(2)(b): amended, on , by section 15(1) of the Telecommunications (Property Access and Other Matters) Amendment Act 2017 (2017 No 16).
                                      • Section 156AD(2)(c)(ii): amended, on , by section 15(1) of the Telecommunications (Property Access and Other Matters) Amendment Act 2017 (2017 No 16).
                                      • Section 156AD(2)(c)(iii): amended, on , by section 15(1) of the Telecommunications (Property Access and Other Matters) Amendment Act 2017 (2017 No 16).
                                      • Section 156AD(6): inserted, on , by section 15(2) of the Telecommunications (Property Access and Other Matters) Amendment Act 2017 (2017 No 16).
                                      • Section 156AD(6) UFB 1: amended, on , by section 39(9) of the Telecommunications (New Regulatory Framework) Amendment Act 2018 (2018 No 48).