Telecommunications Act 2001

Fibre fixed line access services - Reviews

209: Price-quality review

You could also call this:

"Checking if internet and phone rules are working well for New Zealand"

Illustration for Telecommunications Act 2001

The Commission can check how well some rules are working. You can think of the Commission like a group of people who help make sure the internet and phone services are good for everyone in New Zealand. They will look at rules in sections 195, 199, and 200 to see if they meet the purpose in section 162.

When the Commission checks, they must think about some things. They will consider whether some internet service providers should still have limits on how much money they can make, or if some rules should be changed. They will also think about whether some services should be declared as unbundled fibre services under section 229(1).

The Commission must listen to what people think about these things. You can give your views on the matters, and the Commission will consider them. After checking, the Commission will make a recommendation to the Minister for the purposes of section 225, 228, or 229. The Commission will not recommend a maximum price for some services unless it is based on the cost.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS132024.


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Part 6Fibre fixed line access services
Reviews

209Price-quality review

  1. The Commission may, on or after the date that is 3 years after the implementation date and at intervals of no less than 5 years thereafter, review how effectively the regulatory provisions in sections 195, 199, and 200 meet the purpose in section 162.

  2. A review must consider 1 or more of the following:

  3. whether price-quality paths should, with effect from the start of a future regulatory period, continue to be required to specify the maximum revenues that may be recovered by a regulated fibre service provider (see sections 195 and 196):
    1. whether any of the matters prescribed under section 228(2) should be amended and, if so, how they should be prescribed instead (if at all):
      1. whether a point-to-multipoint layer 1 service supplied to end-users’ premises or buildings should be declared under section 229(1) to be an unbundled fibre service and, if so, how the matters set out in section 229(2) should be prescribed (if at all):
        1. whether any of the matters prescribed under section 229(2) should be amended, and, if so, how they should be prescribed instead (if at all).
          1. The Commission must give interested persons a reasonable opportunity to give their views on the matters subject to review and the Commission must have regard to any views received.

          2. The Commission must make a recommendation to the Minister following a review for the purposes of section 225, 228, or 229 (as appropriate).

          3. The Commission must not recommend a prescribed maximum price for an unbundled fibre service or a direct fibre access service unless the maximum price is a cost-based price.

          Notes
          • Section 209: inserted, on , by section 24 of the Telecommunications (New Regulatory Framework) Amendment Act 2018 (2018 No 48).