Telecommunications Act 2001

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

69F: Commission must be notified of proposed and final sharing arrangements

You could also call this:

"Tell the Commission about sharing plans and changes"

Illustration for Telecommunications Act 2001

When Spark and Chorus make sharing arrangements, they must tell the Commission. They have to give the Commission a copy of the arrangement within 10 working days of it being made. If they make changes to an arrangement, they must also tell the Commission within 10 working days.

If Spark and Chorus want to make a new sharing arrangement after separation day, they must notify the Commission at least 10 working days before they make it. They must give the Commission a copy of the proposed arrangement. After the arrangement is final, they must give the Commission a copy within 10 working days.

You can see sections 156L(3) and 156M for the penalty if Spark and Chorus do not follow this rule. The penalty can be up to $1 million and $50,000 per day.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4187634.


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69E: Requirements for sharing arrangements, or

"Rules for companies to share things fairly in telecommunications"


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69G: Obligation to collect and retain information for monitoring purposes, or

"Spark and Chorus must collect and keep information so the Commission can check they are following the rules."

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

69FCommission must be notified of proposed and final sharing arrangements

  1. Spark and Chorus must,—

  2. not later than 10 working days after separation day, provide a copy of all sharing arrangements executed before separation day to the Commission; and
    1. if a sharing arrangement is entered into after separation day,—
      1. not later than 10 working days before the sharing arrangement is executed, notify the Commission of their intention to enter into the sharing arrangement and provide a copy of the proposed arrangement to the Commission; and
        1. not later than 10 working days after the final sharing arrangement is executed, provide a copy of the arrangement to the Commission.
        2. Subsection (1) applies to any material amendment to a sharing arrangement as if that amendment were a sharing arrangement.

        3. See sections 156L(3) and 156M for the maximum penalty of $1 million (and $50,000 per day) for breach of this section.

        Notes
        • Section 69F: 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 69F(1): amended, on , by section 37(1) of the Telecommunications (New Regulatory Framework) Amendment Act 2018 (2018 No 48).