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Telecommunications Act 2001

Fibre fixed line access services - Reviews

210: Deregulation review

You could also call this:

"Checking if rules for internet services are still needed"

Illustration for Telecommunications Act 2001

The Commission can review how fibre fixed line access services are regulated at any time. You might wonder why they do this - it's because they want to check if these services should still be regulated in the same way. They consider whether these services should no longer be regulated, or if they should no longer have rules about prices and quality.

When the Commission reviews a service, they can look at things like where the service is supplied, who uses it, and what the service is like. They also think about who provides the service and other circumstances around it. The Commission must consider starting a review before each regulatory period, except the first one.

A review can look at how much competition there is for fibre fixed line access services and how this affects the companies that provide these services. The Commission wants to know if regulating these services is still the best way to achieve their goals. They can think about whether some services should no longer be regulated, or if they should no longer have rules about prices and quality.

The Commission must give people a chance to share their thoughts on the review and consider what they say. After the review, the Commission makes a recommendation to the Minister.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS132025.

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Part 6Fibre fixed line access services
Reviews

210Deregulation review

  1. The Commission may, at any time after the implementation date, review how 1 or more fibre fixed line access services are regulated under this Part if the Commission has reasonable grounds to consider that those services—

  2. should no longer be regulated under this Part; or
    1. should no longer be subject to price-quality regulation under this Part.

      1. For the purposes of subsection (1), the Commission may, without limitation, describe a service under review with reference to any 1 or more of the following:

      2. the geographic area in which the service is supplied:
        1. the service’s end-users:
          1. the service providers who seek access to the service:
            1. the technical specifications of the service:
              1. any other circumstances in which the service is supplied.

                1. The Commission must, before the start of each regulatory period (except the first regulatory period), consider whether there are reasonable grounds to start a review.

                2. A review may consider the following:

                3. whether competition to 1 or more fibre fixed line access services has increased or decreased in a relevant market:
                  1. the impact of any increase or decrease on the ability of regulated fibre service providers to exercise substantial market power:
                    1. whether the purpose of this Part would be better met if 1 or more fibre fixed line access services—
                      1. were no longer regulated under this Part; or
                        1. were no longer subject to price-quality regulation under this Part.

                        2. 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.

                        3. The Commission must make a recommendation to the Minister after a review.

                        Notes
                        • Section 210: inserted, on , by section 24 of the Telecommunications (New Regulatory Framework) Amendment Act 2018 (2018 No 48).