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Telecommunications Act 2001

Fibre fixed line access services - Orders and regulations

226: Persons subject to regulation under Part 6

You could also call this:

"Who has to follow the rules for providing fibre internet services?"

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The Governor-General can make rules about who must follow certain regulations when providing fibre fixed line access services. You need to know that these rules can be about sharing information or setting prices. The rules must say who the person is and what services they provide. The Minister cannot recommend these rules unless they have talked to people who are interested and the Commission has agreed. The Commission must be satisfied that the person has a lot of power in the market before they can be subject to these regulations. If a person is subject to these regulations, the same rules apply to any company they own or any company that takes over their services. You can find more information about how the Commission talks to interested people in section 210(5). The rules made under this section are secondary legislation, which means they are a type of law, and you can learn more about this in Part 3 of the Legislation Act 2019.

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Part 6Fibre fixed line access services
Orders and regulations

226Persons subject to regulation under Part 6

  1. The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations prescribing a person who provides fibre fixed line access services as being subject to 1 or both of the following:

  2. information disclosure regulation:
    1. price-quality regulation.

      1. Regulations made under this section must—

      2. state the name of the person; and
        1. describe the services in respect of which the person is subject to information disclosure regulation, price-quality regulation, or both.

          1. For the purposes of subsection (2)(b), the regulations may, without limitation other than subsection (4)(b), describe a service 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 Minister must not recommend that regulations be made under this section unless—

                    2. the Commission has consulted with interested persons; and
                      1. the Commission has recommended to the Minister that the regulations be made.

                        1. Subsection (4) applies unless the Minister is recommending regulations to which either or both of the following apply:

                        2. the regulations have no more than a minor effect:
                          1. the regulations correct errors or make similar technical amendments.

                            1. The Minister must not recommend that regulations be made to prescribe a person as being subject to information disclosure regulation, price-quality regulation, or both unless the Commission has advised that it is satisfied that the person provides fibre fixed line access services in a market where the person can exercise a substantial degree of market power.

                            2. If, in accordance with regulations made under this section, a person is subject to information disclosure regulation or price-quality regulation (or both) in respect of 1 or more fibre fixed line access services, the regulations apply to any subsidiary of, or successor to, the person in respect of those services.

                            3. For the purposes of subsection (4)(a), the Commission has consulted with interested persons if it has complied with section 210(5) in relation to the proposed change to be implemented through the regulations.

                            4. In this section, a reference to a person who provides fibre fixed line access services includes a person who provides services that would be fibre fixed line access services if the person was already subject to information disclosure regulation or price-quality regulation under this Part.

                            5. Regulations under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

                            Notes
                            • Section 226: inserted, on , by section 24 of the Telecommunications (New Regulatory Framework) Amendment Act 2018 (2018 No 48).
                            • Section 226(10): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).