Notification of Commerce Commission’s Copper Withdrawal Code

The Commerce Commission gives notice, under clause 5(a) of Schedule 2A of the Telecommunications Act 2001 (“Act”), that it has approved the Copper Withdrawal Code (“Code”) under clause 3 of Schedule 2A of the Act.

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

Summary

Application

The 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.

Commencement

The Code comes into force on 1 March 2021.

Purpose

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

understands Chorus’s process for withdrawal of the copper service, and how this will affect the end-user;
has access to information about fibre services available to the end-user;
has reasonable time to prepare for a proposed withdrawal of the copper service; and
is able to have a connection to a fibre service installed (if they wish to move 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 Code:

Minimum requirements in relation to all end-users to whom Chorus seeks to stop supplying copper services	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 a fibre service to be 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the end-user; Requirement for functionality (except for legacy services) provided by the copper services that are to be withdrawn to be available to the end-user over a fibre service Requirement for the anchor service (or a commercial equivalent) to be available at the end-user’s premises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 Continuation 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 CWC	Dispute resolution provisions Information disclosure/record keeping obligation.

Further Information

Copies of the Code, and the supporting 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 10th day of December 2020.

COMMERCE COMMISSION.