New Zealand Legislation: Regulations
Regulations are laws made under Acts
Reprint as at 1 January 2009
(SR 2007/302)
Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.
A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.
This determination is administered by the Ministry of Economic Development.
Pursuant to section 69F of the Telecommunications Act 2001, the Minister of Communications makes the following determination.
Part 1
Outline, interpretation, and provisions of general application
5 Specification of relevant services
6 Application to relevant services
7 Application of arm's-length rules to relevant services
8 Determination does not require Telecom to provide access to other services
9 Meaning of equivalence of inputs
10 Meaning of resale equivalence standard
13 Overview of arm's-length rules
14 General rules applicable to all personnel (except to extent that exceptions apply)
15 Role of TCNZ board and chief executive
Part 2
Fixed network access service business unit (ANS unit)
17 Establishment of Access Network Services unit
18 Access Network Services unit must control access network
19 Access Network Services unit must have sufficient influence over other assets
20 Minimum requirements for undertakings about operation of Access Network Services unit
21 Access Network Services unit must provide relevant services
22 Specific responsibilities of Access Network Services unit
24 Access Network Services unit must provide relevant network access services on equivalence of inputs basis
25 Different standards of equivalence for regulated network access services
26 Migration to equivalence on legacy services
27 Access Network Services unit must build services and systems ready for equivalence of inputs standard
Stand-alone and arm's-length rules applying to Access Network Services unit
28 Access Network Services unit must act on stand-alone basis and at arm's-length
29 Separate management and reporting lines for Access Network Services unit
30 Employees of Access Network Services unit may not work for any other Telecom business unit
31 Setting Access Network Services unit annual and long-term corporate plans and technology plans
32 Implementation of plans and day-to-day management
33 Access Network Services unit must formulate its own commercial policies
34 Access Network Services unit must act in its own best interests
35 Access Network Services unit must not discriminate
36 Access Network Services unit must have trading arrangements
37 Access Network Services unit must not disclose customer confidential information
38 Access Network Services unit must not disclose commercial information
39 Access Network Services unit must have localised incentive arrangements
40 Accommodation for Access Network Services unit
41 Branding for Access Network Services unit
42 Staff of Access Network Services unit
43 Consultation about changes to access network, etc
44 Other relevant services that Telecom chooses to supply
45 Process for Access Network Services unit requests
Establishment, assets, and services
47 Establishment of wholesale unit
48 Wholesale unit must have sufficient influence over relevant assets
49 Wholesale unit must provide relevant wholesale services
49A IP interconnection services
50 Specific responsibilities of wholesale unit
51 Wholesale unit must provide certain relevant services on equivalence of inputs basis
52 Wholesale unit must provide resale services on resale equivalence standard
53 List of improvements to resale services directed to achieving resale equivalence standard
54 Different standards of equivalence for regulated wholesale services
55 Wholesale unit must build services and systems ready for equivalence of inputs standard
56 Other relevant services that Telecom chooses to supply
Arm's-length rules applying to wholesale unit
57 Wholesale unit must act at arm's-length from retail
57A Arm's-length rules may be relaxed for resale purposes
58 Separate management and reporting lines for wholesale unit
59 Employees of wholesale unit may not work for retail unit
60 Wholesale unit must formulate own commercial policies
61 Wholesale unit must not discriminate
62 Wholesale unit must have trading arrangements with retail unit
63 Wholesale unit must not disclose customer confidential information
64 Wholesale unit must not disclose commercial information
65 Wholesale unit must have localised incentive arrangements
66 Accommodation for wholesale unit
68 Legal and regulatory staff working for wholesale unit
69 Telecom must maintain DSPL and RSPL
Establishment, assets, and services
71 Retail unit need not control any specific assets
72 Retail unit need not provide any specific services
Arm's-length rules applying to retail unit
73 Retail unit must act at arm's-length from Telecom's fixed network business units
74 Employees of retail unit may not work for certain other units
75 Retail unit must not influence commercial policy of Telecom's fixed network business units
Part 5
Telecom's fixed network business units
Arm's-length rules applying to fixed network business units
77 Employees of Telecom's fixed network business units may not work for retail unit
78 Telecom's fixed network units must not disclose customer confidential information to retail unit
79 Telecom's fixed network units must not disclose commercial information to retail unit
Part 6
Enforcement and oversight for compliance with separation plan
80 Establishment of Independent Oversight Group
81 Appointment of members of IOG
84 Establishment of support office
85 Employment of staff for support office
86 Funding and support for support office
Performance measures, audit, and other checks of compliance with separation plan
87 Performance measures and other checks of compliance with separation plan
89 Reports containing confidential or commercially sensitive information
Part 7
Miscellaneous and transitional provisions
Carve-outs from arm's-length rules for shared groups and services
90 Rules for corporate centre participation in formulation of commercial policy, etc
91 Rules for shared groups in relation to commercial information and customer confidential information
92 Amendments to shared group people and roles
93 Certification by managers of shared groups and services that separation undertakings complied with
94 Consultation with access seekers about which unit they prefer to deal with
96 TCNZ and subsidiaries must establish arrangements to ensure compliance, etc
97 Determination does not limit outsourcing
99 Conditions on use of shared services
99A Exception to arm's-length rules for access planners
101 Confidentiality requirements not limiting
102 Certification by TCNZ board, TCNZ CEO, and managers of required Telecom business units that separation undertakings complied with
104 Statement of assets of ANS unit as at separation day
105 Inadvertent failure to comply with arm's-length rules before 31 December 2008
106 No breach for trivial non-compliance
Schedule 1
Implementation timeframes
