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 copper local loop network
co-location service (UCLL Co-location) on 7 November 2007 (Decision 610);
- Telecom’s unbundled bitstream access (UBA) on
12 December 2007 (Decision 611);
- Telecom’s unbundled copper local loop network backhaul (telephone exchange to interconnect point) service (UCLL Backhaul) on 27 June 2008 (Decision 626);
- Telecom’s unbundled bitstream access backhaul service (UBA Backhaul) on 27 June 2008 (Decision 627); and
- Telecom’s unbundled copper local loop network
service (Sub-loop UCLL), Telecom’s unbundled copper local loop network co-location service (Sub-loop
Co-location) and Telecom’s unbundled copper local
loop network backhaul service (distribution cabinet to telephone exchange) (Sub-loop Backhaul) on 18 June 2009 (Decision 672 - with these services collectively referred to as the Sub-loop Services).
Decisions 609, 610, 611, 626, 627 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.
The Amendment Act changed the service descriptions for the services for which terms and conditions were set in the standard terms determinations listed above.
Sections 72(2)(b) and 73(2)(a) of the Amendment Act provide that the Commission may, and with regards to some services must, commence a review of these standard terms determinations under section 30R of the Act for the purpose of making any changes necessary to give effect to changes made by the Amendment Act to Schedule 1 of the Act.
The Commission hereby gives public notice that it has commenced reviews of these standard terms determinations under section 30R.
The Commission will review the determinations listed above for the purpose of making any of the changes or (in the case of Decision 609 (UCLL), Decision 611 (UBA) and Decision 672 (Sub-loop Services)) any further changes that may be necessary:
- for the determinations for UBA, UCLL Co-location and UCLL Backhaul to apply to the designated access services as described in section 73(5) of the Act from the close of the day before separation day;
- to implement the changes that would be consequential to a structural separation of Telecom (as described in the Amendment Act) should that be approved;
- to make any other changes that are necessary for giving effect to the changes to the service descriptions introduced by the Amendment Act; and
- to make such other minor changes as may be
necessary to improve consistency or clarity of the determinations.
The Telecommunications Carriers Forum (TCF) has provided proposed changes to be considered under this review.
The proposed changes were drafted and developed by Telecom, and reviewed by a TCF working group.
Copies of the proposed changes are available on the Commission’s website.
The Commission intends to release a draft decision for public consultation by 7 October 2011.
Submissions on the Commission’s draft will be due by
21 October 2011.
Cross-submissions will then be due by 4 November 2011.
Further information about the Review is available on the Commission’s website
www.comcom.govt.nz/review-of-stds-for-consequential-changes-arising-from-the-telecommunications-amendment-act-2011
Date Review Launched: 26 September 2011.
COMMERCE COMMISSION.