Telecommunications Act 2001

Structural separation of Telecom - Line of business restrictions

69R: No services above layer 2

You could also call this:

"Chorus can't offer services beyond a certain level, called layer 2, when it makes deals with the government."

Illustration for Telecommunications Act 2001

When Chorus makes an agreement with the Crown under subpart 4 of this Part or Part 4AA, it must promise not to provide services above what is called layer 2 services. You need to know what layer 2 services are, and they are defined in a document called the New Zealand Government Ultra-Fast Broadband Initiative Invitation to Participate in Partner Selection Process from October 2009. This law applies to any promises Chorus makes under this section, just like it would if the promises were made under subpart 4 of this Part or Part 4AA.

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Part 2AStructural separation of Telecom
Line of business restrictions

69RNo services above layer 2

  1. Every undertaking entered into by Chorus in favour of the Crown under subpart 4 of this Part or Part 4AA must include a prohibition on participation by Chorus, or any related party of Chorus, in services above layer 2 services.

  2. In this section, unless the context otherwise requires, layer 2 services has the same meaning as in the document New Zealand Government Ultra-Fast Broadband Initiative Invitation to Participate in Partner Selection Process dated October 2009 (as amended).

  3. This Act applies to an undertaking required under this section as if the undertaking were required under subpart 4 of this Part or Part 4AA, as the case may be.

Notes
  • Section 69R: 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).