The Commerce Commission is seeking cross-submissions on substantive new evidence contained in a cross-submission from Chorus, as part of the UBA/UCLL final pricing principle consultation.

Telecommunications Commissioner Dr Stephen Gale said part of Chorus’s cross-submission contained a report from consultancy firm Competition Economists Group (CEG) which introduced substantive new evidence that is more appropriately considered a submission. The window to submit new evidence had already closed a month earlier.

“Chorus’ cross-submission concerns an important consideration for the revised draft decision and we have concluded this evidence needs to be properly considered. We need to test the modelling and also give other parties the opportunity to respond to the new evidence CEG have put forward before we release our further draft determination,” Dr Gale said.

“We are assessing whether it is realistic for the Commission to properly review CEG’s submission, test CEG’s modelling, seek submissions from other parties and consider the impact on any decisions to apply an uplift ahead of the further draft determination. As a result it is likely that the further draft determination deadline of 29 May will have to be extended. We will advise on this in due course.”

Cross-submissions on CEG’s evidence can be sent to telco@comcom.govt.nz no later than 5pm, Wednesday 6 May 2015.

It is important to note this will not create a precedent for future cross-submissions, which will be dealt with on a case-by-case basis.

Background

For the full background see the UCLL and UBA final pricing principle page.