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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 - Variation and termination of undertakings

156AM: Procedure for variation of undertaking

You could also call this:

"How to change a promise made to the Commission about telecommunications"

Illustration for Telecommunications Act 2001

If you want to change an undertaking, you can ask the Commission by sending them a written request. You do this under section 156AL. The Commission then tells you in writing if they will recommend the change to the Minister. They must give you reasons for their decision and can ask you to change your request if they do not agree with it.

The Commission tries to tell you their decision within 30 working days of getting your request. When you ask to change an undertaking, some other rules apply, like sections 156AI to 156AK, which help the Commission make a decision.

You can think of an undertaking like a promise, and the Commission helps make sure these promises are kept.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3878051.

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156AL: Variation of undertaking, or

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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: Variation and termination of undertakings

156AMProcedure for variation of undertaking

  1. An LFC may submit a request for a variation of an undertaking under section 156AL by sending the proposed variation in writing to the Commission.

  2. The Commission must notify the LFC in writing of whether it proposes to recommend that the Minister approve the variation.

  3. The notice under subsection (2)—

  4. must set out the reasons for the Commission's decision; and
    1. may invite the LFC to submit an amended variation for consideration, if the Commission does not propose to recommend that the Minister approve the variation.

      1. The Commission must make reasonable efforts to give the notice not later than 30 working days after the Commission receives the request for the variation from the service provider.

      2. Sections 156AI to 156AK apply, with all necessary modifications, to a variation of an undertaking as if the variation were an undertaking.

      Notes
      • Section 156AM: inserted, on , by section 81 of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).