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.