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 - Effect of undertakings in relation to unbundling of certain services

156AP: Commission may not recommend or investigate unbundling of point-to-multipoint layer 1 services

You could also call this:

"The Commission can't suggest or investigate splitting certain internet services until a certain date if a company has made a promise to the government."

Illustration for Telecommunications Act 2001

The Commission is not allowed to recommend that some services be unbundled before 31 December 2019. You need to know that these services are called point-to-multipoint layer 1 services and are provided by a company that has made a promise to the government. The Commission also cannot start investigating the unbundling of these services before 31 December 2018 if the company providing them has made a promise to the government that is still in force.

A company is considered to have made a promise if it has agreed to something that the Minister has approved and that agreement is still valid. The rules about this are part of the Telecommunications Act 2001, which was amended by the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011.

The Commission has to follow these rules when dealing with companies that provide point-to-multipoint layer 1 services and have made a promise to the government.

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This page was last updated on 28 May 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3878055.

Topics:

Business > Industry rulesMoney and consumer rights > Consumer protection

156AO: Termination of undertaking, or

"When a promise to do something about telecommunications can be stopped"

156AQ: Enforcement and remedies under Part 4A, or

"What happens if someone breaks the rules under Part 4A of the Telecommunications Act"

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: Effect of undertakings in relation to unbundling of certain services

156APCommission may not recommend or investigate unbundling of point-to-multipoint layer 1 services

The Commission must not, before the close of 31 December 2019, provide a final report to the Minister recommending the unbundling of any point-to-multipoint layer 1 service that is provided by an LFC that is subject to a binding undertaking.
The Commission must not, before the close of 31 December 2018, commence an investigation into the unbundling of any point-to-multipoint layer 1 service provided by an LFC that is subject to a binding undertaking.
An LFC is subject to a binding undertaking for the purposes of this section if it has entered into an undertaking that has been approved by the Minister under this subpart and that is still in force.

Notes

Section 156AP: inserted, on 1 July 2011, by section 81 of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).