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Telecommunications Act 2001

Structural separation of Telecom - Monitoring of shared assets, services, and systems

69C: Interpretation

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"What special words mean in this law"

Illustration for Telecommunications Act 2001

When you read this part of the law, some words have special meanings. You need to know what "arm's-length" means, which is explained in section 69D. "Executed" means a company signs something under their name. You should understand what a "sharing arrangement" is. It is an agreement between Spark and Chorus to share something owned by Telecom. This can be done directly or through another company. A "sharing arrangement" does not include some specific things, like regulated terms of supply or registered undertakings. It also does not include things like undertakings under Part 4AA or arrangements exempted under section 69N. Some arrangements are exempt if they relate to ensuring Spark or Chorus comply with certain laws, like the Telecommunications (Interception Capability and Security) Act 2013.

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Part 2AStructural separation of Telecom
Monitoring of shared assets, services, and systems

69CInterpretation

  1. In this subpart, unless the context otherwise requires,—

    arm's-length has the meaning set out in section 69D

      executed, in relation to a sharing arrangement or a material amendment to a sharing arrangement, means signed under the name of the relevant company by a person acting under the company's authority

        sharing arrangement—

        1. means an arrangement, agreement, contract, or understanding between Spark and Chorus for the purpose of providing either or both with access to, or continued use of, a system, asset, or service that is owned or controlled by Telecom at the close of the day before separation day; and
          1. includes an arrangement, agreement, contract, or understanding of the kind described in paragraph (a) that is conducted with or through a third party; but
            1. does not include any of the following, or anything that is wholly in accordance with the following:
              1. the regulated terms of supply of a designated service or a specified service; or
                1. a registered undertaking; or
                  1. an undertaking under Part 4AA; or
                    1. a deemed TSO instrument; or
                      1. an undertaking approved in accordance with subpart 4 of this Part (undertakings by Chorus); or
                        1. an arrangement that is exempted under section 69N; or
                          1. an arrangement that relates to ensuring compliance by Spark, Chorus, or both with—
                            1. the duties imposed by the Telecommunications (Interception Capability and Security) Act 2013 on a network operator (within the meaning of that Act); or
                              1. duties or requirements imposed by any other Act, interception warrant, or other lawful authority that relate to the interception of communications.

                          Notes
                          • Section 69C: substituted, on (being the date of separation day, and an Order in Council (SR 2011/302) having been made under section 36), by section 51 of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
                          • Section 69C sharing arrangement paragraph (a): amended, on , by section 41(1) of the Telecommunications (New Regulatory Framework) Amendment Act 2018 (2018 No 48).
                          • Section 69C sharing arrangement paragraph (c)(vii): amended, on , by section 37(1) of the Telecommunications (New Regulatory Framework) Amendment Act 2018 (2018 No 48).
                          • Section 69C sharing arrangement paragraph (c)(vii)(A): amended, on , by section 123 of the Telecommunications (Interception Capability and Security) Act 2013 (2013 No 91).