In this Part,—

amendment Act means the Telecommunications (Property Access and Other Matters) Amendment Act 2017

commencement date means the date on which new subpart 3 of Part 4 comes into force

consent process, in relation to an installation, means the process of sending to each affected party a request for that person’s consent to the FTTP service provider or network operator entering the relevant property and carrying out the installation

new subpart 3 of Part 4 means subpart 3 of Part 4 of the principal Act as replaced by section 13 of the amendment Act

principal Act means the Telecommunications Act 2001.

Clauses 3 to 5 apply to an FTTP service provider or a network operator and an installation of an FTTP service where—

If the consent process has not begun as at the commencement date, then, despite section 155J(1)(a), new subpart 3 of Part 4 applies as if the order had been placed after the commencement date.

If the consent process has begun as at the commencement date but no affected person has responded to the request for consent by that date, the FTTP service provider or network operator may elect to—

Subclause (1)(b) does not affect the application of section 155J (general preconditions for statutory rights of access to apply) except to the extent that section 155J(1)(a) requires the order for the installation to have been placed after the commencement date.

If, as at the commencement date, the consent process has begun and 1 or more affected persons have given their consent but others have not responded to the request for consent, the FTTP service provider or network operator may elect to—

The FTTP service provider or network operator may, at its discretion, accept an affected person’s retraction of his or her consent given before the commencement date.

Subclause (1)(b) does not affect the application of section 155J (general preconditions for statutory rights of access to apply) except to the extent that section 155J(1)(a) requires the order for the installation to have been placed after the commencement date.

Subclause (2) applies if, before the commencement of sections 13, 20, and 21 of the amendment Act, any action is taken by or on behalf of the Minister in doing any of the following:

The action taken is deemed to have been taken by the Minister under, and for the purposes of, clauses 3 to 5 of Schedule 3C of the principal Act and bringing the amendment Act into operation.

In this Part,—

LFC has the meaning set out in section 156AB

UFB contract means a contract between Crown Infrastructure Partners Limited and a UFB partner that was entered into as part of the UFB initiative

UFB partner has the meaning set out in section 156AB.

A notice given, or purportedly given, by the Commission in accordance with former section 6 must be treated as having been properly given in accordance with that section.

Former section 6 continues to apply, and section 6 does not apply, in relation to a notice given, or purportedly given, in accordance with former section 6.

In this clause, former section 6 means section 6 as in force immediately before the commencement of section 5 of the Telecommunications (New Regulatory Framework) Amendment Act 2018.

The Minister may, by notice at any time before the implementation date, defer the implementation date by up to 2 years if the Commission makes a written request for a deferral.

However, the Minister may defer the implementation date only once.

A notice deferring the implementation date—

Subclause (5) applies if the implementation date is deferred.

During the period starting on 1 December 2019 and ending on the close of the day immediately before the new implementation date, each specified contract continues in force to the extent that it relates to any of the following:

A UFB partner or an LFC may, on 1 July of each year (starting on 1 July 2020), apply an annual CPI adjustment to a maximum price continued by subclause (5)(b).

In this clause,—

access seeker means a person who seeks access to a wholesale telecommunications service that is provided using, or that provides access to unbundled elements of, a fibre network

maximum price means the maximum price a UFB partner or an LFC is able, under the terms of a specified contract, to charge for providing a service

specified contract means a contract or deed (as in force immediately before 1 December 2019 and as amended from time to time) between Crown Infrastructure Partners Limited and a UFB partner or an LFC that was entered into as part of the UFB initiative.

An LFC is not required to comply with any information disclosure requirements under subpart 3 of Part 4AA in respect of any period during which the LFC is also subject to information disclosure regulation under Part 6.

However, an LFC must continue to prepare and disclose information in accordance with section 156AU in respect of any disclosure period for the LFC that starts before the implementation date but ends on or after the implementation date.

In this clause, disclosure period means the period of time, set by the Commission under section 156AU, in respect of which the LFC is required to disclose information under subpart 3 of Part 4AA.

This clause applies if a price for a fibre fixed line access service was agreed under a contract entered into before the commencement date.

For the period to which the price, or the price as adjusted under the contract, applies,—

This clause ceases to apply on the date that is 3 years after the commencement date.

In this clause,—

commencement date means the date on which section 201 comes into force

the contract means the contract as at the commencement date.

Despite section 208(2)(c), if the Commission starts a review under section 208 before the start of the first regulatory period, the review must not consider the prescribed period for an anchor service.

If the Commission starts a review under section 208 before the start of the first regulatory period, the Commission must not recommend prescribing a description of the service that is, or conditions of the service that are, materially different from the terms set out in a UFB contract.

Section 226(4) and (6) does not apply in relation to any regulations made under section 226(1) that come into force before the start of the first regulatory period.

This clause applies in relation to the first regulations made under section 227.

Despite section 227(4), the Minister may recommend that regulations be made under section 227 even though the Commission has not carried out a review under section 208 or recommended that the regulations be made.

However, the Minister must not recommend that regulations be made to prescribe a description of the service that is, or conditions of the service that are, materially different from the terms set out in a UFB contract.

The Minister must not recommend the making of regulations under section 227(2)(d) unless the Minister is satisfied that the regulations will prescribe a maximum price that is based on the maximum price that may be charged for providing the service under a UFB contract, with an annual CPI adjustment mechanism.

This clause applies in relation to the first regulations made under section 228.

Despite section 228(4), the Minister may recommend that regulations be made under section 228 even though the Commission has not carried out a review under section 209 or recommended that the regulations be made.

However, the Minister must not recommend that regulations be made to prescribe a description of the service that is, or conditions of the service that are, materially different from the terms set out in a UFB contract.

Section 229(4) does not apply in relation to the first regulations made under section 229.

In this Part,—

commencement date means the day after Royal assent of the Regulatory Systems (Economic Development) Amendment Act 2025

consent process has the same meaning as in clause 1

FTTP service means a telecommunications service delivered over fibre optic media to an end-user’s premises

FTTP service provider means the owner or operator of a fibre-to-the-premises access network.

This clause applies to an FTTP service provider or a network operator and an installation of an FTTP service if—

If the consent process has not begun before the commencement date, then subpart 3 of Part 4 applies as if the order had been placed after the commencement date.