188Section 170 determination to set out information disclosure requirements

1. A section 170 determination relating to fibre fixed line access services that are subject to information disclosure regulation must specify the following:

2. the regulated fibre service providers to which it applies:
3. the information to be disclosed:
4. the manner in which the information is to be disclosed:
5. the form of disclosure:
6. when, and for how long, information must be disclosed:
7. the input methodologies that apply:
8. any other methodologies that are required in the preparation or compilation of the information.

9. Information required to be disclosed may include (without limitation) 1 or more of the following:

10. financial statements (including projected financial statements):
11. asset values and valuation reports:
12. prices, terms and conditions relating to prices, and pricing methodologies:
13. contracts:
14. transactions with related parties:
15. financial and non-financial performance measures:
16. plans and forecasts, including (without limitation) plans and forecasts about demand, investments, prices, revenues, quality and service levels, capacity and spare capacity, and efficiency improvements:
17. asset management plans:
18. quality performance measures and statistics:
19. assumptions, policies, and methodologies used or applied in these or other areas:
20. consolidated information that includes information about unregulated services, in which case section 189 applies:
21. information related to 1 or more parts of a fibre network.

22. The section 170 determination may do 1 or more of the following:

23. require disclosed information, or information from which disclosed information is derived (in whole or in part), to be verified by statutory declaration:
24. require independent audits of disclosed information:
25. require the retention of data on which disclosed information is based, and associated documentation:
26. exempt any person or class of persons, or provide for exemptions, from any requirements of the determination, and provide for the revocation of exemptions:
27. provide for transitional provisions:
28. impose any other requirements that the Commission considers necessary or desirable to promote the purpose of information disclosure regulation.

29. The section 170 determination may not require a regulated fibre service provider to publicly disclose any provision of an existing contract that, immediately before the fibre fixed line access services became subject to information disclosure regulation, was not required by or under any other enactment to be publicly disclosed.

30. If a section 170 determination authorises a person to grant exemptions referred to in subsection (3)(d),—

31. an instrument granting or revoking an exemption is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements), unless it applies only to 1 or more named persons; and
32. the regulations must contain a statement to that effect.