On 12 December 2007, the Commerce Commission ("Commission") made a standard terms determination, under section 30M of the Telecommunications Act
2001 ("the Act"), in respect of the designated access service of Telecom’s Unbundled Bitstream Access ("UBA") Service ("Decision 611") which has been amended by way of clarification under section 58 of the Act on a number of occasions.
On 10 May 2010, Commission Decision 693 further amended Decision 611 under section 58 of the Act to clarify the application of Decision 611 to VDSL and VDSL2
based technology. Decision 693 amended Decision 611 by including amendments to:
- clause 10 of the UBA General Terms to specify with further particulars the information that must be included with a notice from Telecom of any new UBA Variants (ie new wholesale "commercial" broadband services that are delivered using VDSL or VDSL2 based technology);
- clauses 4.1, 4.2 and 4B of the UBA Price List (Schedule 2 to the UBA General Terms) to ensure that the wholesale price calculations for the UBA Service
(which are conducted on a regular basis) are not affected by retail broadband plans that are supplied by Telecom using new UBA Variants;
- clause 5.1 of the UBA Price List to ensure consistency with other amendments made and to provide clarity as to the plans that may be considered as part of any quarterly or service adjustment calculation.
Pursuant to section 58(2) of the Act, the Commission is required to give public notice that it has amended Decision 611 for the purposes of making a clarification under section 58(1) of the Act.
Decision 693 sets out the amendments made to Decision
611 and a copy of the clarification is available on the Commission’s website
http://www.comcom.govt.nz/unbundled-bitstream-stand
ard-access-service/
Date of Decision: 10 May 2010.
COMMERCE COMMISSION.