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Telecommunications Act 2001

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

69I: Commission may give non-compliance notice

You could also call this:

"The Commission can send a warning if a phone or internet company breaks the rules."

Illustration for Telecommunications Act 2001

The Commission checks if Spark and Chorus are following the rules. If they are not, this is called non-compliance. You need to know the Commission can send them a notice if they are not following the rules. The notice tells them what they are doing wrong, and what they need to do to fix it, as stated in section 69E, and it also tells them when they need to respond and fix the problem, as stated in section 69J and section 69K.

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69H: Commission's monitoring, investigation, and enforcement powers, or

"The Commission checks Spark and Chorus are following the rules and can fine them if they don't."

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69J: Process for responding to non-compliance notice, or

"What to do if you get a notice saying you didn't follow the rules"

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

69ICommission may give non-compliance notice

  1. This section applies if the Commission considers that Spark and Chorus are parties to a sharing arrangement that contravenes section 69E (a non-compliance).

  2. The Commission may give written notice to each party (a non-compliance notice) setting out—

  3. the nature of the non-compliance; and
    1. the 10-day time limit for responses in section 69J; and
      1. the 40-day time limit for rectification and enforcement (see section 69K).

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