Telecommunications (New Regulatory Framework) Amendment Bill

7 New Part 2AA inserted

After section 69, insert:

Part 2AA Deregulating copper fixed line access services

Subpart 1—Purpose

69AA Purpose

The purpose of this Part is to—

(a)

deregulate copper fixed line access services in areas where fibre fixed line access services are available; and

(b)

provide protections for end-users of copper fixed line access services and certain other designated services in deregulated areas; and

(c)

provide for the Commission to investigate whether the regulation of copper fixed line access services and certain other designated services should be altered.

Subpart 2—Deregulating copper fixed line access services

69AB Specified fibre areas

(1)

The Commission must, before the implementation date and at least annually thereafter, carry out an assessment to determine the geographic areas in which fibre fixed line access services are available to end-users.

(2)

The Commission must, by public notice, declare an area to be a specified fibre area if the Commission determines in an assessment under subsection (1) that fibre fixed line access services are available to end-users in the area.

(3)

A notice under this section must specify the date on and after which the area is to be a specified fibre area, and that date must not be before the implementation date.

(4)

A notice under this section may describe an area by any means, including (without limitation)—

(a)

by use of a map; and

(b)

by a narrative description of the area.

(5)

The Commission must maintain a record of all specified fibre areas that is available, at all reasonable times, for inspection on the Commission’s Internet site in an electronic form that is publicly accessible.

69AC Withdrawal of copper fixed line access services

(1)

This section applies if—

(a)

Chorus is required by a standard terms determination made under section 30M to supply a copper fixed line access service to an access seeker; and

(b)

Chorus started supplying the service at a time when the end-user’s building (or, where relevant, the building’s distribution frame) was not located in a specified fibre area; and

(c)

as a result of a notice under section 69AB,—

(i)

the end-user’s building (or, where relevant, the building’s distribution frame) becomes located in a specified fibre area; and

(ii)

the service ceases to be a designated access service in the specified fibre area on and after the date specified in the notice.

(2)

Chorus may stop supplying the service referred to in subsection (1) only if—

(a)

Chorus complies with the requirements of the copper withdrawal code in relation to stopping the supply of the service; or

(b)

the end-user chooses to have the service disconnected (other than a temporary disconnection).

(3)

To avoid doubt, Chorus is not required to—

(a)

supply a service that ceases to be a designated access service in relation to a new end-user; or

(b)

resupply a service that Chorus has stopped supplying in accordance with subsection (2).

69AD Withdrawal of certain designated access services

(1)

This section applies if—

(a)

Chorus is required by a standard terms determination made under section 30M to supply 1 or both of the following services to an access seeker:

(i)

Chorus’s unbundled copper local loop network:

(ii)

Chorus’s unbundled copper local loop network backhaul (distribution cabinet to telephone exchange); and

(b)

Chorus started supplying the service at a time when the service was a designated access service; and

(c)

as a result of section 11 of the Telecommunications (New Regulatory Framework) Amendment Act 2017, the service ceases to be a designated access service on and after 1 January 2020.

(2)

Chorus may stop supplying the service referred to in subsection (1) only if—

(a)

Chorus complies with the requirements of the copper withdrawal code in relation to stopping the supply of the service; or

(b)

the end-user chooses to have the service disconnected (other than a temporary disconnection).

(3)

To avoid doubt, Chorus is not required to—

(a)

supply a service that ceases to be a designated access service in relation to a new end-user; or

(b)

resupply a service that Chorus has stopped supplying in accordance with subsection (2).

69AE Application of certain TSO instruments in specified fibre areas

Despite anything in this Act, the following TSO instruments cease to apply in relation to an area that becomes a specified fibre area:

(a)

Telecommunications Service Obligations (TSO) Deed for Local Residential Telephone Service:

(b)

Telecommunications Service Obligations (TSO) Deed for TSO Network Service.

69AF Copper withdrawal code

(1)

In this Part, copper withdrawal code means the code approved under Schedule 2A setting out minimum consumer protection requirements for end-users of the following:

(a)

copper fixed line access services in areas that become specified fibre areas:

(b)

Chorus’s unbundled copper local loop network:

(c)

Chorus’s unbundled copper local loop network backhaul (distribution cabinet to telephone exchange).

(2)

Schedule 2A sets out the provisions that apply to the copper withdrawal code.

Subpart 3—Price regulated copper services

69AG Continued application of certain standard terms determinations

(1)

Subsection (2) applies to a standard terms determination made under section 30M that, immediately before 1 January 2020, applies to 1 or more of the following services:

(a)

Chorus’s unbundled bitstream access backhaul:

(b)

Chorus’s unbundled copper local loop network co-location:

(c)

Chorus’s unbundled copper local loop network backhaul (telephone exchange to interconnect point).

(2)

Despite anything in this Act, during the period starting on 1 January 2020 and ending on the close of the day immediately before the copper review date for the relevant service,—

(a)

the determination continues to apply to the relevant service, except that the maximum prices increase or decrease (as appropriate) by an annual CPI adjustment on 1 January in each year; and

(b)

sections 30R and 59 cease to apply in respect of the determination.

(3)

Subsection (4) applies to a standard terms determination made under section 30M that, immediately before 16 December 2019, applies to 1 or both of the following services:

(a)

Chorus’s unbundled bitstream access:

(b)

Chorus’s unbundled copper low frequency service.

(4)

Despite anything in this Act, during the period starting on 16 December 2019 and ending on the close of the day immediately before the copper review date for the relevant service,—

(a)

the determination continues to apply to the relevant service, except that the maximum prices increase or decrease (as appropriate) by an annual CPI adjustment on 16 December in each year; and

(b)

sections 30R and 59 cease to apply in respect of the determination.

(5)

On and after the copper review date for a service referred to in subsection (1) or (3),—

(a)

the standard terms determination for the service continues to apply; and

(b)

Part 2 (including sections 30R and 59) applies in respect of the determination; and

(c)

unless the maximum prices in the determination are amended in accordance with Part 2, the maximum prices under the determination are those that applied immediately before the copper review date.

(6)

In this section, copper review date for a service means the date on which the Commission completes, in relation to the service,—

(a)

the investigation referred to in section 69AH(1)(a); or

(b)

any other investigation under Schedule 3 that starts on or after 1 January 2020.

Subpart 4—Investigation

69AH Schedule 3 modified for investigation of certain copper services

(1)

Despite clause 1 of Schedule 3, the Commission must—

(a)

complete, by no later than 31 December 2025, an investigation under Part 1 of Schedule 3 into whether Schedule 1 should be altered in any of the ways set out in section 66 or 67 in respect of the regulation of the following:

(i)

copper fixed line access services:

(ii)

Chorus’s unbundled bitstream access backhaul:

(iii)

Chorus’s unbundled copper local loop network co-location:

(iv)

Chorus’s unbundled copper local loop network backhaul (telephone exchange to interconnect point); or

(b)

provide, within a reasonable time after 31 December 2025, written reasons why there were not reasonable grounds for starting such an investigation.

(2)

An investigation referred to in subsection (1)(a) must be completed in accordance with Part 1 of Schedule 3, except that the 240-working-days deadline referred to in clause 4(1) of Schedule 3 does not apply to the investigation.