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Telecommunications Act 2001

Commission review of industry dispute resolution schemes

Schedule 2A: Copper withdrawal code

You could also call this:

"Rules to help you when copper internet services are stopped"

Illustration for Telecommunications Act 2001

The Telecommunications Act 2001 has a schedule called the Copper withdrawal code. You need to know what this code is about. It sets out rules to protect consumers when copper services are stopped. The code must be prepared before copper services are stopped. It must include rules that ensure you can access a fibre service before your copper service is stopped. You must be able to get a fibre service installed for free, and within a reasonable time frame. The code also says that Chorus must give you notice before stopping your copper service, and provide you with information about the withdrawal of the service and how to maintain your fibre service in case of a power failure. You can find more information about this in section 69AC and section 69AD.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS131522.

Topics:
Money and consumer rights > Consumer protectionTransport and travel > None applicableBusiness > Industry rules
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2ACopper withdrawal code Empowered by s 69AF

1Copper withdrawal code

  1. The Commission, or the Forum if requested to do so by the Commission, must prepare a code to be known as the copper withdrawal code, setting out minimum consumer protection requirements for end-users of the following:

  2. copper fixed line access services in areas that are, or will become, specified fibre areas:
    1. Chorus’s unbundled copper local loop network:
      1. Chorus’s unbundled copper local loop network backhaul (distribution cabinet to telephone exchange).

        1. The code must be prepared before the implementation date.

        2. The minimum requirements that the code must include are that, before Chorus is permitted to stop supplying a copper service under section 69AC or 69AD,—

        3. the end-user in relation to the service must be able to—
          1. access a fibre service; and
            1. have a connection to the fibre service installed—
              1. within a reasonable time frame; and
                1. whether the connection is standard or non-standard, at no cost to the end-user; and
              2. Chorus must give the end-user, the access seeker, and the relevant fibre service provider reasonable notice of the proposed withdrawal of the copper service; and
                1. the functionality provided by the services that are to be withdrawn must, apart from legacy services, be available to the end-user over a fibre service; and
                  1. Chorus must provide the end-user with information about—
                    1. the withdrawal of the copper services; and
                      1. the need to make alternative arrangements, such as battery backup, to maintain the fibre service in the event of a power failure; and
                      2. Chorus must, if it is reasonably practicable to do so, provide the end-user with information about the fibre services available to the end-user; and
                        1. if an anchor service is declared under section 227, the anchor service (or a commercial equivalent) must be available at the end-user’s premises; and
                          1. a Commission 111 contact code must be in force; and
                            1. any other prescribed matters must be complied with.

                              1. The code may contain any other provisions that the Commission or the Forum (as appropriate) considers are necessary or desirable.

                              2. In this clause,—

                                anchor service has the meaning set out in section 164(1)

                                  fibre service means—

                                  1. a fibre fixed line access service; or
                                    1. a telecommunications service provided over a fibre-to-the-premises access network

                                      legacy service means the services (if any) specified in the copper withdrawal code as legacy services

                                        standard connection and non-standard connection have the meanings set out in section 155ZU.

                                        2Consultation process on code

                                        1. The Commission or the Forum (as appropriate) must—

                                        2. notify the process that will be followed to make the code; and
                                          1. consult with interested persons; and
                                            1. give public notice of a draft code.

                                              1. A person is entitled to make submissions to the Commission or the Forum (as appropriate) before the date that is 30 working days after the date on which public notice of the draft code is given (the due date).

                                              2. The Commission or the Forum (as appropriate) must have regard to any submissions received before the due date.

                                              3Commission’s discretion to approve draft code

                                              1. The Commission may approve a draft code if the Commission is satisfied that the draft code meets all the requirements set out in this Act.

                                              4Amendment of approved code initiated by Commission

                                              1. The Commission may prepare an amendment to the approved code or revoke the approved code if the Commission considers that the approved code no longer meets all the requirements set out in this Act.

                                              2. The same procedure that applies to making a code in clauses 2 and 3 must be followed to make an amendment or a revocation.

                                              5Status of approved code

                                              1. An approved code under this Schedule, or an amendment or revocation of the code, is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

                                              2. That Act applies as if—

                                              3. the Commission were the maker of the approved code; and
                                                1. the code was made by the Commission approving it.

                                                  Notes
                                                  • Schedule 2A clause 5: replaced, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).