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Telecommunications Act 2001

Fibre fixed line access services - Enforcement and miscellaneous provisions

221: Powers of Commission under this Part

You could also call this:

"The Commission's job is to ensure fibre services work well, and it has powers to help it do this."

Illustration for Telecommunications Act 2001

The Commission has powers to help it do its job. You can think of the Commission like a group that makes sure fibre fixed line access services are working well. The Commission can consult people who can help it, like experts. It can investigate how well a fibre service provider is doing its job. The Commission can also look at how prices and quality standards are set. It can ask for information from fibre service providers and other people who might have useful information. The Commission can even ask people to answer questions or provide documents. You might be wondering what kind of people the Commission can ask for information. This includes fibre service providers, people who used to be fibre service providers, and retail service providers. The Commission can also get information from agencies that help provide fibre fixed line access services. It can use information it already has, and it can get expert opinions on certain matters. The Commission has to follow the rules set out in the Telecommunications Act 2001 and the Commerce Act 1986. The Commission's powers help it make sure fibre fixed line access services are working well for everyone. The Commission can look at things that have happened in the past 7 years to help it make decisions. It can require fibre service providers to prepare forecasts and plans, and to use certain methods to do so. The Commission can also require people to produce documents and answer questions, as long as it's relevant to its investigation. If the Commission needs expert advice, it can ask a fibre service provider to get an opinion from a qualified person. This helps the Commission make informed decisions about fibre fixed line access services.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS132041.

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Part 6Fibre fixed line access services
Enforcement and miscellaneous provisions

221Powers of Commission under this Part

  1. For the purpose of carrying out its functions and exercising its powers under this Part, the Commission may, in addition to exercising its powers under this Act and section 98 of the Commerce Act 1986, do any of the following:

  2. consult any person the Commission considers may assist it:
    1. investigate any of the following:
      1. how effectively and efficiently a regulated fibre service provider is providing fibre fixed line access services:
        1. how any formula, methodology, or price-quality path being considered by the Commission may be applied, or how any formula, methodology, or price-quality provision determined or authorised by the Commission has been applied, in considering proposed prices, revenue, or quality standards:
          1. how any conditions relating to the quality of fibre fixed line access services may be, or are being, fulfilled:
          2. examine, consider, or investigate any activity, cost, revenue, transfer, asset valuation, circumstance, or event that is occurring or that has occurred during the previous 7 years:
            1. use any information previously disclosed to the Commission under this Act or the Commerce Act 1986:
              1. by notice in writing, require any regulated fibre service provider—
                1. to prepare and produce forecasts, forward plans, or other information; and
                  1. to apply any methodology specified by the Commission in the preparation of forecasts, forward plans, or other information:
                  2. by notice in writing, require any specified person who the Commission has reason to believe may have information or documents relevant to the investigation, audit, or inquiry, at the time and place specified in the notice, to do 1 or both of the following:
                    1. produce or supply to the Commission documents and information in relation to the fibre fixed line access services, or the prices or operations of the person in respect of the services:
                      1. answer any questions about any matter that the Commission has reason to believe may be relevant to the investigation, audit, or inquiry:
                      2. by notice in writing, require any regulated fibre service provider, at the time and place specified in the notice, to produce or supply to the Commission an expert opinion from an appropriately qualified person, or from a member of a class of appropriately qualified persons, as determined by the Commission in relation to the matters in paragraph (b), (c), (e), or (f)(i).

                        1. In this section, specified person means any of the following:

                        2. a regulated fibre service provider:
                          1. a person who used to be a regulated fibre service provider:
                            1. a retail service provider:
                              1. an agency associated with the supply of fibre fixed line access services.

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                                Notes
                                • Section 221: inserted, on , by section 24 of the Telecommunications (New Regulatory Framework) Amendment Act 2018 (2018 No 48).