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Telecommunications (Interception Capability and Security) Act 2013

Interception capability duties - Reduced duties - Lower-level compliance duties

13: Network operators with fewer than 4 000 customers

You could also call this:

"Small network operators with fewer than 4,000 customers have special rules to follow."

Illustration for Telecommunications (Interception Capability and Security) Act 2013

You are a network operator with fewer than 4 000 customers. You must keep a record of how many customers you have each month. You also need to tell the Registrar about this after six months. If you have fewer than 4 000 customers on average over six months, you do not have to follow some rules, like sections 9 and 10. You must make sure your telecommunications network and services are intercept ready at all times. This means you must be able to intercept communications if needed. You must keep making and keeping records of your customers each month. You must also keep having fewer than 4 000 customers on average over each six-month period. If you have 4 000 or more customers over six months, you will have to follow the rules again after another six months. This rule is also subject to section 19. You must make your record on the same working day each month, or the next available working day if that is not possible.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5178038.

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Part 2Interception capability duties
Reduced duties: Lower-level compliance duties

13Network operators with fewer than 4 000 customers

  1. Subsection (2) applies if—

  2. a network operator makes and keeps a record of the number of customers it has each month; and
    1. the network operator has an average of less than 4 000 customers over a 6-month period; and
      1. the network operator has made and kept the record referred to in paragraph (a) for each month of the 6-month period referred to in paragraph (b); and
        1. the network operator has notified the Registrar within 10 days after the last day of the 6-month period referred to in paragraph (b) of the matters described in paragraphs (b) and (c).

          1. If this section applies, the network operator—

          2. does not have to comply with sections 9 and 10; but
            1. must instead ensure that every public telecommunications network that the operator owns, controls, or operates, and every telecommunications service that the operator provides in New Zealand is intercept ready at all times.

              1. Subsection (2) continues to apply to the network operator as long as the network operator—

              2. continues to make and keep a record of the number of customers it has each month; and
                1. continues to maintain an average of less than 4 000 customers per month over each successive 6-month period.

                  1. If the network operator referred to in subsection (2) subsequently has an average of 4 000 or more customers over a 6-month period (disqualifying 6 months),—

                  2. the exemption in subsection (2)(a) ceases to have effect on the date that is 6 months after the disqualifying 6 months; and
                    1. the network operator must comply with subsection (2)(b) until the date that the exemption ceases to have effect.

                      1. This section is subject to section 19.

                      2. The record referred to in subsection (1)(a) must be made on the same working day of each month (or the next available working day, if that is not practicable).