Telecommunications (Regulated Fibre Service Providers) Regulations 2019

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2019/275

Coat of Arms of New Zealand

Telecommunications (Regulated Fibre Service Providers) Regulations 2019

Patsy Reddy, Governor-General

Order in Council

At Wellington this 18th day of November 2019

Present:
The Right Hon Jacinda Ardern presiding in Council

These regulations are made under section 226 of the Telecommunications Act 2001

(a)

on the advice and with the consent of the Executive Council; and

(b)

on the recommendation of the Minister of Broadcasting, Communications and Digital Media given in accordance with section 226 of that Act.

Regulations

1 Title

These regulations are the Telecommunications (Regulated Fibre Service Providers) Regulations 2019.

2 Commencement

(1)

Regulation 6 comes into force on 31 December 2021.

(2)

The rest of these regulations come into force on 20 December 2019.

3 Interpretation

In these regulations, unless the context otherwise requires, Act means the Telecommunications Act 2001.

4 Transitional, savings, and related provisions

The transitional, savings, and related provisions (if any) set out in Schedule 1 have effect according to their terms.

5 Persons subject to information disclosure regulation

Each person set out in column 1 of the following table is subject to information disclosure regulation under Part 6 of the Act in respect of the services set out in column 2:

Column 1Column 2
Person subject to information disclosure regulationServices subject to regulation
Chorus LimitedAll fibre fixed line access services
Enable Networks LimitedAll fibre fixed line access services
Northpower Fibre LimitedAll fibre fixed line access services
Northpower LFC2 LimitedAll fibre fixed line access services
UltraFast Fibre LimitedAll fibre fixed line access services
6 Persons subject to price-quality regulation

Each person set out in column 1 in the following table is subject to price-quality regulation under Part 6 of the Act in respect of the services set out in column 2:

Column 1Column 2
Person subject to price-quality regulationServices subject to regulation
Chorus LimitedAll fibre fixed line access services, except to the extent that a service is provided in a geographical area where a regulated fibre service provider (other than Chorus Limited) has installed a fibre network as part of the UFB initiative

Schedule 1 Transitional, savings, and related provisions

r 4

Part 1 Provisions relating to these regulations as made

There are no transitional, savings, or related provisions relating to these regulations as made.

Michael Webster,
Clerk of the Executive Council.

Explanatory note

This note is not part of the regulations, but is intended to indicate their general effect.

These regulations prescribe persons who provide fibre fixed line access services as being subject to information disclosure regulation and price-quality regulation under the Telecommunications Act 2001 (the Act). As a result of being prescribed in these regulations, the persons become regulated fibre service providers under the Act.

These regulations (including regulation 5, which identifies the providers who are subject to information disclosure regulation) come into force on 20 December 2019, except for regulation 6 (which identifies the provider that is subject to price-quality regulation). Regulation 6 comes into force on 31 December 2021.

As a result of being named in regulation 5, providers Chorus Limited (Chorus), Enable Networks Limited, Northpower Fibre Limited, Northpower LFC2 Limited, and UltraFast Fibre Limited are subject to information disclosure regulation on and from 20 December 2019 in relation to all of the fibre fixed line access services they provide. Subpart 4 of Part 6 of the Act relates to information disclosure regulation. Under that subpart, the named providers are required to publicly disclose information in accordance with requirements determined by the Commerce Commission (see section 187 of the Act). The information is required to be publicly disclosed to enable scrutiny of the providers’ performance and profitability.

As a result of being named in regulation 6, Chorus is also subject to price-quality regulation on and from 31 December 2021 in relation to all of the fibre fixed line access services that Chorus provides. However, Chorus will not be subject to price-quality regulation in geographical areas where another regulated fibre service provider has installed a fibre network as part of the UFB initiative. Subpart 5 of Part 6 of the Act relates to price-quality regulation. Under that subpart, Chorus is required to apply the price-quality paths determined by the Commerce Commission. If anchor services, direct fibre access services, or unbundled fibre services are declared under the Act, Chorus will also be required to provide those services (see sections 198, 199, and 200 of the Act).

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 21 November 2019.

These regulations are administered by the Ministry of Business, Innovation, and Employment.