4 Overview

In this Act,—

(a)

provisions concerning the functions of the Commission under this Act and the performance of those functions by members of the Commission (in particular, the Telecommunications Commissioner) are set out in subpart 2; and

(b)

telecommunications services that are regulated are contained in Schedule 1 and are classified as designated services (Part 2 of Schedule 1) or specified services (Part 3 of Schedule 1); and

(c)

supplementary provisions concerning the detail of those regulated telecommunications services may be—

(i)

prescribed by regulations (section 69):

(ii)

provided in telecommunications access codes (Schedule 2) prepared by the Commission on its own initiative or formulated by the Telecommunications Industry Forum and approved by the Commission; and

(d)

provisions concerning determinations by the Commission in respect of those regulated telecommunications services are set out in subparts 2 to 5 of Part 2; and

(e)

provisions about altering regulated telecommunications services are set out in subpart 6 of Part 2 and Schedules 3 and 3A; and

(ea)

provisions concerning the structural separation of Telecom are set out in Part 2A; and

(eb)
[Repealed]

(f)

provisions about the supply of certain telecommunications services under TSO instruments, the enforcement of those instruments, and contributions payable by certain telecommunications service providers to the suppliers of those telecommunications services are set out in Part 3; and

(g)

provisions from Parts 1 and 1A of the 1987 Act about the following matters are set out in Part 4:

(i)

network operators and connection to, and misuse of, a network (subpart 1):

(ii)

maintenance of networks (subpart 2); and

(gaaa)

subpart 3 of Part 4 sets out provisions granting statutory rights of access to private property for the purpose of installing certain fibre optic and other technology in circumstances where the consent of multiple parties would otherwise be required, together with provisions for establishing a dispute resolution scheme to deal with disputes relating to those rights of access (see also Schedule 3C); and

(gaab)

subpart 4 of Part 4 sets out provisions granting statutory rights for owners of existing electricity works (for example, power poles) to enter land where those works are situated and use the existing works for undertaking fibre optic works; and

(gaa)

provisions about undertakings required to be given by providers of certain telecommunications services involving fibre optic communications networks constructed in whole or in part using Crown investment funding, restrictions on unbundling in respect of such service providers, and the preparation and disclosure of information are set out in Part 4AA; and

(ga)

enforcement provisions are set out in Part 4A; and

(gb)

provisions facilitating the establishment of 1 or more complaints systems for the purpose of addressing complaints by consumers against service providers are set out in Part 4B; and

(h)

miscellaneous provisions about the repeal of certain provisions of the 1987 Act (including consequential amendments and transitional provisions) are set out in Part 5 and Schedule 4.

Section 4(c)(ii): amended, on 22 December 2006, by section 4(1) of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).

Section 4(e): amended, on 22 December 2006, by section 4(2) of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).

Section 4(ea): substituted, on 30 November 2011 (being the date of separation day, and an Order in Council (SR 2011/302) having been made under section 36), by section 61 of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).

Section 4(eb): repealed, on 13 November 2018, by section 38 of the Telecommunications (New Regulatory Framework) Amendment Act 2018 (2018 No 48).

Section 4(gaaa): inserted, on 9 June 2017, by section 4 of the Telecommunications (Property Access and Other Matters) Amendment Act 2017 (2017 No 16).

Section 4(gaab): inserted, on 3 May 2017, by section 4 of the Telecommunications (Property Access and Other Matters) Amendment Act 2017 (2017 No 16).

Section 4(gaa): inserted, on 1 July 2011, by section 88 of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).

Section 4(ga): inserted, on 22 December 2006, by section 4(4) of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).

Section 4(gb): inserted, on 22 December 2006, by section 4(4) of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).