1 Title
Part 1
Preliminary
Subpart 1—General
2 Commencement
3 Purpose
4 Overview
5 Interpretation
6 Public notice
7 Telecommunications access codes
8 Act binds the Crown
Subpart 2—Commerce Commission
Telecommunications Commissioner
9 Appointment of Telecommunications Commissioner
9A Functions of Commission in relation to sector monitoring and information dissemination
10 Performance of Commission's functions
Levy
11 Levy
12 Levy for first financial year or part financial year
13 Minister must consult before making recommendation under section 11(3) or section 12(4)
14 Late payment of levy
Application of Commerce Act 1986
15 Application of Commerce Act 1986 and Crown Entities Act 2004
16 Application of section 98A of Commerce Act 1986
17 Telecommunications Commissioner to consent to delegation of some functions and powers of Commission
Part 2
Designated services and specified services
Subpart 1—Preliminary
18 Purpose
19 Commission and Minister must consider purpose set out in section 18 and additional matters
19A Commission to have regard to economic policies of Government
Subpart 2—Determinations for designated access services and specified services
Application
20 Application
21 When application must be treated as application for pricing review determination
22 When application may not be made
22A Effect of application on existing agreement for supply of designated access service or specified service
23 Requirements for application
Notification
24 Commission must notify parties
Investigation
25 Commission must decide whether to investigate
Consultation
26 Consultation or conferences
Determination
27 Preparation of determination
28 When determination must be prepared
29 Requirements for determination
30 Matters to be included in determination
Subpart 2A—Standard terms determinations for designated access services and specified services
Preliminary
30A Overview of subpart
30B Interpretation
Standard terms development process
30C When standard terms development process may be initiated
30D Commission must give public notice if Commission initiates standard terms development process
30E Commission must conduct scoping workshop
Standard terms proposal
30F Call for standard terms proposal
30G Requirements for standard terms proposal
30H Failure to submit standard terms proposal
30I Receipt of standard terms proposal
30J Requirement for submissions
Draft standard terms determination
30K Draft standard terms determination
30L Consultation or conferences
Standard terms determination
30M Standard terms determination
30N Commission's discretion to determine how standard terms determination is to be prepared
30O Matters to be included in standard terms determination: general
30P Additional matters to be included in standard terms determination for designated access service
30Q Standard terms determination not to include expiry date
30R Review of standard terms determination
Application of standard terms determination
30S Application of standard terms determination
30T Effect of standard terms determination on determination made under section 27
Residual terms determination
30U Purpose of residual terms determination
30V Application for residual terms determination
30W When application may not be made
30X Requirements for application
30Y Commission must notify parties
30Z Commission must decide whether to investigate
30ZA Consultation or conferences
30ZB Preparation of residual terms determination
30ZC Requirements for residual terms determination
30ZD Matters to be included in residual terms determination
Subpart 3—Determinations for designated multinetwork services
Commission may initiate process for designated multinetwork service determination on own initiative
31AA Commission may initiate process for designated multinetwork service determination on own initiative
Application
31 Application
32 When application may not be made
33 Requirements for application
Notification
34 Commission must notify parties
Investigation
35 Commission must decide whether to investigate
Draft determination
36 Draft determination
37 Matters to be included in draft determination
38 Consultation, conferences, or public hearing
Determination
39 Determination
40 Matters to be included in determination
41 Determinations not invalid for certain failures
Subpart 4—Pricing review determinations for designated access services
Application
42 Application
43 Requirements for application
Notification
44 Commission's requirements on receiving application
Calculation of price
45 Access provider to calculate price on request
46 Offences [Repealed]
Draft determination
47 Draft pricing review determination
48 Requirements for draft determination
49 Matters to be included in draft determination
Consultation
50 Consultation or conferences
Determination
51 Pricing review determination
52 Matters to be included in determination
Subpart 5—Supplementary provisions for all determinations
53 Procedure for determinations
54 Applicant may withdraw
55 Commission's costs
56 Parties' costs
57 Enforcing directions given under section 55 or section 56(2)
58 Clarification of determination
59 Reconsideration of determination
60 Appeals from certain determinations under Part 2
61 Enforcing determinations of Commission [Repealed]
62 Expiry of determinations
63 Application of Commerce Act 1986
Subpart 6—Matters relating to regulation-making powers for designated services and specified services
64 Mandatory review of local loop unbundling and access to, and interconnection with, Telecom's fixed PDN [Repealed]
65 Expiry of designated services and specified services [Repealed]
66 Alterations to Part 2 or Part 3 of Schedule 1
67 Alterations to clauses 1 to 6 of Schedule 1
68 Minister's recommendation subject to procedure in Schedule 3
68A Application of Schedule 3A
69 Regulations
Part 2A
Operational separation of Telecom
Preliminary provisions
69A Purposes
69B Overview
69C Interpretation
Requirements for separation plan
69D Main requirements for separation plan
69E Meaning of equivalence
69F Minister must determine further requirements for separation plan
69G How Ministerial determination of further requirements may be made
Process for settling separation plan
69H Preparation of draft separation plan
69I Minister must invite public comments on draft separation plan
69J Amendment of separation plan after public comments
69K Minister may approve, or decline to approve, separation plan
69L Minister may amend separation plan to give better effect to this Part
69M Failure to submit separation plan
Implementation of separation plan
69N Implementation of separation plan
69O Telecom must publish separation plan
69P Employees
Statutory provisions for enforcement of separation plan
69Q Enforcement and remedies under Part 4A
69R Power of court to grant relief in respect of separation undertakings
69S Interrelationship of remedies
Variation of separation plan
69T Variation of separation plan
69U Variation by agreement
69V Variation by Minister
69W Variation by Telecom
69X Commission may request variation
Part 2B
Information disclosure requirements
69Y Purpose
69Z Parameters of Part
69ZA Interpretation
69ZB Accounting separation of Telecom
69ZC Information disclosure by all access providers
69ZD Miscellaneous provisions relating to Commission's information disclosure requirements
69ZE Publication of Commission's information disclosure requirements
69ZF Information to be supplied to Commission
69ZG Commission to publish summaries
69ZH Reasonable charge may be imposed for providing copies of statements
Part 3
Telecommunications service obligations
Subpart 1—TSO instruments
70 Declaration of TSO instruments
71 Deemed TSO instrument
71A TSO instrument or deemed TSO instrument may specify total amount payable by all liable persons
72 New KSO does not alter or revoke constitution of Telecom
73 When KSO part of original KSO ceases to have effect
74 Compliance with TSO instrument
75 Variation of TSO instrument or deemed TSO instrument
76 When instrument ceases to be TSO instrument or deemed TSO instrument
77 Notification of TSO instrument or deemed TSO instrument
78 Application of Commerce Act 1986
79 When 2 or more bodies corporate must be treated as 1 person
Subpart 2—Annual procedure for determining amounts payable by liable persons
Assessment of compliance
80 Assessment of compliance with TSO instrument
Requirement to produce certain information
81 Liable persons and TSO provider must produce certain information to Commission
82 Offences [Repealed]
Net cost
83 Calculations of net cost and auditor's report must be given to Commission
84 Considerations for determining net cost
Amount of revenue received by liable persons in relation to TSO instrument
85 Considerations for determining which revenue basis to use
General provision relating to TSO cost allocation determination and TSO cost calculation determination
86 Commission may determine priority between preparation of TSO cost allocation determination and TSO cost calculation determination
TSO cost allocation determination
87 Commission to prepare draft TSO cost allocation determination
88 Matters to be included in draft TSO cost allocation determination
89 Conferences on draft TSO cost allocation determination
90 Commission to prepare final TSO cost allocation determination
91 Matters to be included in final TSO cost allocation determination
TSO cost calculation determination
92 Commission to prepare draft TSO cost calculation determination
93 Requirements for draft TSO cost calculation determination
93A Matters to be included in draft TSO cost calculation determination
93B Conferences on draft TSO cost calculation determination
93C Commission to prepare final TSO cost calculation determination
93D Requirements for final TSO cost calculation determination
93E Matters to be included in final TSO cost calculation determination
Calculation of amount payable by liable person
93F Calculation of amount payable by liable person
94 Payment by liable persons to TSO provider
Calculation of amount payable by TSO provider
94A TSO provider must meet residual amount from calculation of TSO charge
Subpart 3—Remedies and miscellaneous
Remedies
95 Application of sections 96 to 98 to TSO instruments that are company constitutions
96 Power of court to grant relief in respect of TSO instrument
97 Court must take public interest into account
98 Certain matters not to prevent making of order under section 96
99 Amounts identifying particular TSOs in invoices not permitted
Miscellaneous
100 Right of appeal to High Court
100A Procedure for determinations
100B Commission must include information about deemed TSO instrument in TSO cost calculation determinations
100C Duties of Commission in complying with section 100B
101 Regulations
Part 4
Networks
Subpart 1—Network operators and networks generally
Declarations of network operator status
102 Persons declared to be network operators
103 Ministerial requirements for declaration
104 When declaration must be revoked
105 Declaration made or revoked by notice in Gazette
Connection to network
106 Operator must agree to connection to network
107 When operator must not agree to connection to network
108 When operator must not refuse to agree to connection to network
109 Regulations
110 Actions for damages for contravention of section 106
111 Injunctions may be granted by High Court for contravention of section 106
Information requirement
111A Information about interconnection arrangements
Misuse of network
112 Misuse of telephone device
113 Indecent telephone calls for pecuniary gain
114 Interception of telecommunications for authorised purposes [Repealed]
115 Offence to use or disclose certain information for unauthorised purposes [Repealed]
Evidence
116 Computer records
Subpart 2—Maintenance of networks
Preliminary
117 Meaning of maintenance
118 Meaning of evidence of authority
119 Criteria for setting reasonable conditions
Rights of entry to land in respect of lines
120 Application to District Court
121 Court order
122 Contents of court order
123 Service of order
124 Production of order
Rights of entry to land in respect of existing works and existing lines
125 Rights of entry to land
126 Conditions of entry to land
127 Evidentiary presumption
Interference with lines
128 Request for removal or trimming of trees
129 Application to District Court
130 Court order
131 Costs of removal or trimming of trees
132 Removal of trees, etc, in emergency
133 Production of authority
134 Costs of removal of trees, etc, in emergency
Lines on roads
135 Construction or repair of lines on roads
136 Notice requirement
137 Network operator to be notified of conditions
138 Failure to notify conditions
139 Urgency
140 Offence to not comply with any of sections 135, 136, and 139
141 Appeals by network operators to District Court
Telephone cabinets, etc, on roads
142 Construction, etc, of telephone cabinets or other similar appliances
143 Network operator to be notified of conditions
144 Failure to notify conditions
145 Urgency
146 Offence not to comply with section 142 or section 145
147 Appeals by network operators to District Court
Miscellaneous
148 Alteration to line on road requested by owner
149 Lines must not interfere with public traffic
150 Lines over navigable waters
151 Network operator must avoid interference with traffic
152 Offence to contravene any of sections 149 to 151
153 Charging for access to road reserve
154 Compensation
155 Protection of existing works
156 Notices to be in writing
Part 4A
Enforcement
Subpart 1—Enforcement of statutory and regulatory provisions
Preliminary
156A Application of section 156B
156B Enforcement actions that Commission may take
156C Matters that Commission must take into account in deciding what enforcement action to take
Civil infringement notice
156D Civil infringement notice
156E Objection to civil infringement notice
156F Commission must consider objection
156G Effect of withdrawal of civil infringement notice
156H Consequence of not paying pecuniary penalty specified in civil infringement notice
156I Right to appeal
156J Decision on appeal
156K Commission may publish information about issue of civil infringement notice
Pecuniary penalty
156L Pecuniary penalty
156M Further penalty may be imposed for continuing breach
Subpart 2—Enforcement of determinations, approved codes, and registered undertakings
156N Interpretation
156O Complaints of breach of enforceable matter
156P Enforcement by High Court
156Q Remedies for breach of enforceable matter
156R Limit on amount of pecuniary penalty
Part 5
Miscellaneous
157 Regulations
158 Enactments amended
159 Certain provisions in 1987 Act repealed
160 Transitional provision for declarations made under section 2A of 1987 Act
161 Transitional provision relating to repeal of section 5C of 1987 Act
Schedule 1
Designated services and specified services
Schedule 2
Telecommunications access codes
Schedule 3
Procedure for altering regulated services
Schedule 3A
Undertakings
Schedule 4
Enactments amended
Telecommunications Amendment Act (No 2) 2006
Reprint notes