Telecommunications Act 2001

Structural separation of Telecom - Undertakings by Chorus

69XA: Interpretation

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"What special words mean in the Telecommunications Act"

Illustration for Telecommunications Act 2001

When you read about the Telecommunications Act, you will see some special words that have specific meanings. The word "equivalence" means that Chorus must treat other companies the same way they treat their own business when it comes to things like pricing and access to their network. This is so that all companies have a fair chance to use Chorus's network.

You will also see the term "legacy access network", which refers to Chorus's old network that includes their local loop network, telephone exchange, and backhaul network. This network is used to provide services to customers. Chorus's local loop network is defined in clause 1 of Part 1 of Schedule 1.

The term "non-discrimination" means that Chorus cannot treat other companies differently when it comes to providing services, unless there is a good reason to do so. This is to make sure that all companies are treated fairly and that competition is not harmed. Chorus must provide services to all companies in the same way, without favouring any one company over another.

There are also some specific services that are mentioned, such as "relevant regulated services" and "relevant services". These services include things like Chorus's unbundled copper local loop network service and their unbundled bitstream access backhaul service, which is described in subpart 1 of Part 2 of Schedule 1. These services are important because they allow other companies to use Chorus's network to provide their own services to customers.

The term "UBA service" refers to Chorus's unbundled bitstream access service, which is a specific type of service that allows other companies to use Chorus's network. This service is also described in subpart 1 of Part 2 of Schedule 1. It is a way for other companies to access Chorus's network and provide their own services to customers.

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69XB: Requirements for undertakings by Chorus relating to supply of certain wholesale telecommunications services, or

"Chorus must supply services fairly and equally to all customers"

Part 2AStructural separation of Telecom
Undertakings by Chorus

69XAInterpretation

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

    equivalence, in relation to the supply of a relevant regulated service, means equivalence of supply of the service and access to Chorus’s network so that third-party access seekers are treated in the same way to Chorus’s own business operations, including in relation to pricing, procedures, operational support, and supply of information and other relevant matters

      legacy access network means the network comprising—

      1. Chorus's local loop network, as defined in clause 1 of Part 1 of Schedule 1 (including any relevant line in Chorus's local telephone exchange or distribution cabinet); and
        1. Chorus's local telephone exchange, as defined in clause 1 of Part 1 of Schedule 1, and Chorus's distribution cabinet (or equivalent facility); and
          1. Chorus's backhaul network (whether copper, fibre, or anything else) between the local loop network handover point in Chorus's distribution cabinet (or equivalent facility) or Chorus's local telephone exchange and the first data switch (including the first data switch); and
            1. Chorus's digital subscriber line access multiplexer (or equivalent facility)

              non-discrimination, in relation to the supply of a relevant service, means that Chorus must not treat access seekers differently or, where Chorus supplies itself with a relevant service, must not treat itself differently from other access seekers, except to the extent that a particular difference in treatment is objectively justifiable and does not harm, and is unlikely to harm, competition in any telecommunications market

                relevant regulated services means the following designated access services except if those services are services in relation to which the end-user’s building (or, where relevant, the building’s distribution frame) is located in a specified fibre area:

                1. Chorus's unbundled copper local loop network service:
                  1. Chorus's unbundled copper local loop network co-location service:
                    1. Chorus's unbundled copper local loop network backhaul (distribution cabinet to telephone exchange):
                      1. Chorus's unbundled copper local loop network backhaul (telephone exchange to interconnect point)

                        relevant services

                        1. means—
                          1. wholesale telecommunications services that are provided using, or that provide access to the unbundled elements of, the legacy access network; and
                            1. the designated access service described in subpart 1 of Part 2 of Schedule 1 as Chorus's unbundled bitstream access backhaul; but
                            2. does not include—
                              1. any services that are agreed by the Commission in writing to be legacy input services, being inputs to services that are no longer offered to end-users other than customers who were end-users before separation day; or
                                1. any services in relation to which the end-user’s building (or, where relevant, the building’s distribution frame) is located in a specified fibre area

                                UBA service means the designated access service described in subpart 1 of Part 2 of Schedule 1 as unbundled bitstream access service.

                                Notes
                                • Section 69XA: inserted, 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 69XA local access and calling service: repealed, on , by section 175 of the Regulatory Systems (Economic Development) Amendment Act 2025 (2025 No 11).
                                • Section 69XA relevant regulated services: amended, on , by section 9(1) of the Telecommunications (New Regulatory Framework) Amendment Act 2018 (2018 No 48).
                                • Section 69XA relevant services paragraph (b): replaced, on , by section 9(2) of the Telecommunications (New Regulatory Framework) Amendment Act 2018 (2018 No 48).