The Commerce Commission ("Commission") made standard terms determinations, under section 30M of the Telecommunications Act 2001 ("the Act") in respect of
the designated access services of:
- Telecom’s unbundled copper local loop network (UCLL) on 7 November 2007 (Decision 609)
- Telecom’s unbundled bitstream access (UBA) on
12 December 2007 (Decision 611)
- Telecom’s unbundled copper local loop network service (Sub-loop UCLL), Telecom’s Unbundled Copper Loop Network Co-location (Sub-loop Co-location) and Telecom’s Unbundled Copper Local Loop Network Backhaul (Distribution Cabinet to Telephone Exchange) (together the Sub-loop Services) on 18 June 2009 (Decision 672).
Decisions 609, 611 and 672 have since been either clarified or reviewed on a number of occasions.
On 30 June 2011, the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011
("the Amendment Act") received royal assent.
Sections 73(1) and 73(2)(b) of the Act require that the Commission review Decisions 609, 611 and 672, for
the purpose of implementing clause 4A of subpart 1 of Part 1 of Schedule 1 of the Act.
Clause 4A provides that in applying the initial pricing principle or the final pricing principle for the designated services of the UCLL and UBA services, the Commission must determine a geographically averaged price for those services.
The review of Decisions 609, 611 and 672 for the purposes of averaging prices will be conducted by the Commission under the Amendment Act and section 30R of the Telecommunications Act 2001.
The Commission is required to give public notice of the commencement of the review described above under section 30R(5)(b).
The Commission is also required to include in the notice the closing day for submissions.
In this notice, the Commission gives public notice that it has commenced a review of the pricing set out in Decisions 609, 611 and 672 for the purpose of implementing clause 4A of subpart 1 of Part 1 of Schedule 1 of the Act ("Review").
The Commission intends to release a draft Review decision on 26 August 2011.
Submissions on the draft Review decision will be due on
16 September 2011.
Further information about the Review is available on the Commission’s website at
www.comcom.govt.nz/review-to-average-ucll-sub-loop-ucll-and-uba-prices
Date Review Launched: 7 July 2011.
COMMERCE COMMISSION.