Pursuant to section 69N of the Telecommunications Act 2001, the Minister for Communications and Information Technology exempts from the application of Part 2A, Subpart 2 of the Telecommunications Act 2001, the sharing arrangements specified in Schedule 1.
The exemption is subject to the conditions specified in Schedule 2.
This exemption takes effect on 2 August 2012.
Schedule 1
Sharing Arrangements Exempted
Chorus Commercial Product Agreements
1. Chorus UFB Services Agreement between
Chorus New Zealand Limited ("Chorus") and Telecom New Zealand Limited ("Telecom") dated 18 November 2011.
2. Chorus Services Agreement - General Terms between Chorus and Telecom dated 15 November 2011.
3. Wholesale Commercial Services Agreement between Telecom and Chorus dated 15 November 2011.
Gen-i Business Agreement
4. Gen-i Business Agreement between Chorus and Gen-i, a division of Telecom, dated 15 November 2011.
Fibre Agreements
5. Fibre Repair Agreement between Chorus and Telecom dated 30 November 2011.
6. East Coast Fibre Sharing Agreement between Chorus and Telecom dated 30 November 2011.
7. Bay of Plenty Fibre Sharing Agreement between Chorus and Telecom dated 30 November 2011.
8. East Coast South Island Fibre Sharing Agreement between Chorus and Telecom dated 30 November 2011.
9. Southland Fibre Sharing Agreement between Chorus and Telecom dated 30 November 2011.
10. Deed of Covenant between Transpower New Zealand Limited, FX Networks Limited, Telecom and Chorus dated 30 November 2011.
Property Agreements
11. Master Lease between Telecom (as landlord) and Chorus (as tenant) dated 1 December 2011.
12. Master Lease between Chorus (as landlord) and Telecom (as tenant) dated 1 December 2011.
13. Telecom Services Agreement - General Terms between Telecom Corporation of New Zealand Limited, Telecom and Chorus dated 1 December 2011.
14. Telecom Services Agreement - General Terms between Telecom, Telecom Mobile Limited and Chorus dated
1 December 2011.
15. Deed of Lease between Telecom (as landlord) and Chorus (as tenant) dated 1 December 2011.
16. Deed of Lease between Chorus (as landlord) and Telecom (as tenant) dated 1 December 2011.
Schedule 2
Terms and Conditions of Exemption
This exemption is made on the following conditions:
1. The sharing arrangements specified in Schedule 1 meet, and will continue to meet, the requirements of section 69E of the Telecommunications Act 2001.
2. Copies of any material amendments to the sharing arrangements specified in Schedule 1 must be provided to the Commerce Commission no later than 10 working days after the date the amendments are executed.
For the purposes of this notice, "working day" has the same meaning as in section 5 of the Telecommunications Act 2001.
Dated at Wellington this 26th day of July 2012.
HON AMY ADAMS, Minister for Communications and Information Technology.