Notification of Commerce Commission’s Draft Copper Withdrawal Code

The Commerce Commission gives notice, under clause 2(1)(c) of Schedule 2A of the Telecommunications Act 2001 (“Act”), that it has published a draft Copper Withdrawal Code (“Code”) for public consultation.

This notice summarises the draft Code in accordance with section 6(2)(b) of the Act.

Summary

Application

The draft Code applies where Chorus seeks to stop supplying a copper service by complying with the requirements of the Code in relation to stopping the supply of that copper service. It applies to Chorus, relevant fibre service providers, and access seekers.

Purpose

The purpose of the Code is to protect end-users of certain copper services where Chorus seeks to withdraw those services. It does this by setting out minimum consumer protection requirements that Chorus must comply with before Chorus may withdraw a copper service, such that end-users–

understand Chorus’s process for withdrawal of a copper service, and how this will affect end-users of the copper service;
have access to information with which to make an informed choice about the telecommunications services they can switch to;
have reasonable time to prepare for a proposed withdrawal of a copper service;
who wish to move from a copper service to a fibre service can receive a connection to a fibre service, and that the fibre service provides similar functionality to the copper service.

Key Requirements and Other Provisions

The table below summaries the key minimum requirements and other provisions in the draft Code:

Minimum requirements in relation to all end-users that Chorus seeks to stop supplying copper services to	Requirement to give notice of the proposed withdrawal of a copper service no later than six months before withdrawal, at three months and at 20 working days Requirement to provide information to end-users with notices of proposed withdrawal, and make information relating to the copper withdrawal process generally available to the public Requirement for 111 contact code to be in force
Minimum requirements in relation to end-users that order a retail fibre service	Requirement for a connection to the fibre service installed and, whether the connection is standard or non-standard, at no cost to the end-user. Requirement for functionality (except for legacy services) provided by the copper services that are to be withdrawn to be available to the end-user over a fibre service Requirement for the anchor service (or a commercial equivalent) to be available at the end-user’s premises (if anchor service has declared by regulations made under section 227 of the Act) Requirement to send Confirmation Notice or Continuation Notice
Minimum requirements in relation to end-users who choose to have their copper service disconnected	Requirement to send Confirmation Notice
Minimum requirements in relation to end-users who do not order a retail fibre service or choose to have their copper service disconnected	Requirement to send Confirmation Notice
Other provisions in the draft CWC	Dispute resolution provisions Information disclosure/record keeping obligation

Further Information

Copies of the draft Code, and the supporting draft reasons paper, are available on the Commission’s website at: https://comcom.govt.nz/regulated-industries/telecommunications/projects/copper-withdrawal-code.

Dated at Wellington this 20th day of May 2020.

COMMERCE COMMISSION.