Telecommunications Act 2001

Structural separation of Telecom - Line of business restrictions

69SA: Exemptions from sections 69R and 69S

You could also call this:

"When the Commission can let someone off from following certain telecommunications rules"

Illustration for Telecommunications Act 2001

The Commission can let someone off from following certain rules, like those in section 69R or section 69S, if they think it's a good idea. They can choose to let them off from all or just some of the rules. You might get a complete exemption or one that only applies to certain services.

The Commission will only let someone off from following the rules if they are sure it fits with the purpose stated in section 69A. They also need to think about whether it will hurt competition in the telecommunications market. The Commission must talk to people who will be affected by the exemption before making a decision.

This rule starts on the implementation date and any exemptions given will also follow the rules in section 69SB.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS134238.


Previous

69S: No end-to-end services, or

"Chorus can't connect your sites together, it can only link to its own connection points."


Next

69SB: Other provisions relating to exemptions, or

"Rules about exemptions from some telecommunications laws"

Part 2AStructural separation of Telecom
Line of business restrictions

69SAExemptions from sections 69R and 69S

  1. The Commission may, on the terms and conditions (if any) that it thinks fit, grant an exemption from compliance with—

  2. any prohibition referred to in section 69R that is included in an undertaking referred to in that section; or
    1. any provision or provisions of section 69S.
      1. An exemption may be granted in whole or in part (for example, there could be a complete exemption from a prohibition or provision or an exemption that applies only to 1 or more particular services).

      2. The Commission must not grant an exemption unless—

      3. it is satisfied that the exemption is consistent with the purpose set out in section 69A; and
        1. it has had regard to whether the exemption will harm, or is likely to harm, competition in any telecommunications market; and
          1. it has consulted the persons or organisations that appear to the Commission to be representative of the interests of those persons likely to be substantially affected by the exemption.
            1. This section applies on and after the implementation date.

            2. Section 69SB applies to exemptions granted under this section.

            Notes
            • Section 69SA: inserted, on , by section 27 of the Telecommunications (New Regulatory Framework) Amendment Act 2018 (2018 No 48).