Telecommunications Act 2001

Fibre fixed line access services - Price-quality regulation

204: What happens to price-quality path if input methodologies change

You could also call this:

"What happens to prices and service quality if the rules for working out costs change?"

Illustration for Telecommunications Act 2001

If the rules for working out costs change, you might wonder what happens to the price-quality path. You can't usually change the price-quality path during a regulatory period just because the rules for working out costs have changed. However, the Commission must change the price-quality path if the rules for working out costs change after an appeal under section 183, and this change would have made a big difference to the original price-quality path. When the Commission makes a new price-quality path, they must apply claw-back. The Commission will make a new price-quality path by changing the section 170 determination, following the rules in section 173. You can find more information about this in the Telecommunications Act.

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Part 6Fibre fixed line access services
Price-quality regulation

204What happens to price-quality path if input methodologies change

  1. A price-quality path may not be reopened within a regulatory period on the grounds of a change in an input methodology, except as provided in subsection (2).

  2. A price-quality path must be reopened by the Commission, and a new price-quality path made by amending the relevant section 170 determination in accordance with section 173, if—

  3. an input methodology changes as a result of an appeal under section 183; and
    1. had the changed methodology applied at the time the price-quality path was set, it would have resulted in a materially different path being set.
      1. When making a new price-quality path under subsection (2), the Commission must apply claw-back.

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      Notes
      • Section 204: inserted, on , by section 24 of the Telecommunications (New Regulatory Framework) Amendment Act 2018 (2018 No 48).