The Commerce Commission (“Commission”) gives public notice under section 170(5)(b) of the Telecommunications Act 2001 (“Act”) that it has determined and published the Fibre Price-Quality Path Determination 2021 [2021] NZCC 27 (“Fibre PQ Determination”).

Summary of the Fibre PQ Determination

The Fibre PQ Determination specifies the following for Chorus Limited (“Chorus”) in respect of its provision of fibre fixed line access services:

1. an initial three-year regulatory period beginning 1 January 2022 and ending 31 December 2024 (“regulatory period”);
2. the maximum revenues that may be recovered by Chorus in each year of the initial regulatory period; and
3. the minimum quality standards Chorus must meet during the initial regulatory period.

Material Incorporated by Reference

Under section 223(a) of the Act and clause 4(1)(d) of Schedule 5 of the Commerce Act 1986 (“Commerce Act”), the Commission gives notice that it has decided to incorporate by reference the material outlined below into the Fibre PQ Determination and the Fibre Information Disclosure Determination 2021 [2021] NZCC 24 (“Fibre ID Determination”).

Under clause 7(2) of Schedule 5 of the Commerce Act, the Commission gave notice in the New Zealand Gazette, 6 December 2021, Notice No. 2021-au5210 inviting submissions on its proposal to incorporate the relevant material by reference. The Commission received no submissions on its proposal by the date set out in that notice.

Accordingly, the Commission has incorporated by reference —

1. the following material into the Fibre PQ Determination:
• the “Interfaces Group MIB Internet Official Protocol Standard RFC 2863” issued by the ETF Interfaces MIB Working Group in June 2000 (“RFC 2863”); and
• the “Notice of points of interconnection under section 231 of the Telecommunications Act 2001” issued by the Commission on 19 December 2019 (“section 231 notice”); and
2. RFC 2863 into the Fibre ID Determination.

Further Information

Copies of the Fibre PQ Determination, and the supporting reasons paper, are available on the Commission’s website via the fibre price-quality path and information disclosure project page at: https://comcom.govt.nz/regulated-industries/telecommunications/projects/fibre-price-quality-path-and-information-disclosure.

The section 231 notice is available on the Commission’s website: https://comcom.govt.nz/__data/assets/pdf_file/0035/196991/Notice-of-specified-points-of-interconnection-19-December-2019.PDF.

RFC 2863 is available online at: https://datatracker.ietf.org/doc/html/rfc2863.

These documents are also available for inspection during the hours of 8.30am to 5.00pm, Monday to Friday, by appointment, at the Commerce Commission, Level 9, 44 The Terrace, Wellington.

Dated at Wellington this 16th day of December 2021.

COMMERCE COMMISSION.