The Commerce Commission (“Commission”) gives notice that under Part 6 of the Telecommunications Act 2001 (“Act”), the Commission has determined and published the Fibre Information Disclosure (Non-material) Amendment Determination – November 2023 [2023] NZCC 30 (“Non-material Amendment Determination”).

Summary of the Amendment Determination

Under section 173 of the Act, the Non-material Amendment Determination amends the Fibre Information Disclosure Determination 2021 [2021] NZCC 24 (“principal determination”) to ensure that the principal determination is consistent with policy decisions expressed in the reasons paper that accompanied the principal determination (the reasons paper is available at https://comcom.govt.nz/regulated-industries/fibre/information-disclosure-requirements-for-fibre/current-information-disclosure-requirements-for-fibre). In particular, the following amendments are made:

• Clause 1.4.3 of the principal determination is amended to clarify that information disclosure-only regulated providers are not required to procure an assurance report for the Report on Forecast Capital Expenditure;
• Clauses 2.3.1 and 2.42 of the principal determination are amended to clarify that certain information in Schedules 8 and 8a are required to be provided only to the Commission, and not publicly disclosed.

Further Information

The Non-material Amendment Determination and an accompanying explanatory note is available on the Commission’s website: https://comcom.govt.nz/regulated-industries/fibre/information-disclosure-requirements-for-fibre/amendments-to-information-disclosure-requirements.

Dated this 22nd day of November 2023.

COMMERCE COMMISSION.