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Telecommunications Act 2001

Networks - Right of access to use existing electricity works for telecommunications and deploying fibre optic cable - Open access obligations

155ZZD: Services provided using rights under subpart

You could also call this:

"Rules for providing fair telecom services using existing infrastructure"

Illustration for Telecommunications Act 2001

If you own existing works and provide a telecommunications service using certain rights, you must follow some rules. You have to offer services in a way that is fair to everyone, which is called non-discriminatory terms. This means you cannot treat some people differently from others, unless there is a good reason for it. If you use repurposed fibre optic cable, you must offer a layer 1 service to everyone who wants it, and you must be fair when you do this. You can also choose to offer a layer 2 service, and if you do, you must provide it on an open access basis and be fair. When you provide services, you must be fair and not discriminate against anyone, and you can read more about what this means in the rules about section 155ZV.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7242773.

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"Court can help fix problems if someone breaks internet access rules"

Part 4Networks
Right of access to use existing electricity works for telecommunications and deploying fibre optic cable: Open access obligations

155ZZDServices provided using rights under subpart

  1. An owner of existing works who provides a telecommunications service, relying on the rights under this subpart, using repurposed fibre optic cable must,—

  2. where capacity exists, offer a layer 1 service and provide that service on non-discriminatory terms; and
    1. if the owner of the existing works elects to offer a layer 2 service, provide that service on an open access basis and on non-discriminatory terms.

      1. An owner of existing works who provides a telecommunications service, relying on the rights under this subpart, using fibre optic cable other than repurposed fibre optic cable must—

      2. offer a layer 2 service and provide that service on an open access basis and on non-discriminatory terms; and
        1. if the owner of the existing works elects to provide a layer 1 service, offer that service on an open access basis and on non-discriminatory terms.

          1. If an owner of existing works enters into an arrangement with a third party under section 155ZV, the third party (and not the owner of the existing works) is under the obligations in this section.

          2. In this section, non-discrimination, in relation to a service, means that the service provider must not treat access seekers differently or, where the service provider supplies itself with a 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; and non-discriminatory has a corresponding meaning.

          Notes
          • Section 155ZZD: inserted, on , by section 13 of the Telecommunications (Property Access and Other Matters) Amendment Act 2017 (2017 No 16).