The Commerce Commission is proposing some minor changes to several telecommunications standard terms determinations (STDs). The Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 requires the Commission to review STDs to make changes necessary to implement the amendments.

 

A review of the STDs was coordinated by the Telecommunications Carrier's Forum (TCF), which recommended a large number of mainly minor changes.

 

After assessing the recommendations, the Commission has accepted the majority of the changes proposed by the TCF. The TCF noted two issues relating to new connection charges and new residential terms proposed by Chorus, which could not be agreed within the telecommunications industry. The Commission's draft decision sets out the Commission's preliminary views on these issues.

 

The Commission has also made a range of other minor changes to the STDs.

 

Submissions on the draft decision are due by 26 October 2011, with cross-submissions due by 4 November 2011. A final decision will be released by the end of November.

 

A copy of the draft decision can be found on the Commission's website at: www.comcom.govt.nz/consequential-changes-review-of-stds

 

Background

Review of Standard Terms Determination

Section 30R allows the Commission, on its own initiative, to commence a review at any time of all or any of the terms specified in a STD. The Commission is not obliged to undertake a review at any time.

The Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (Amendment Act) made a number of changes to the Telecommunications Act 2001 (Act). These changes included amendments to the service descriptions of a number of regulated services contained in Schedule 1 to the Act.

Section 72(1) of the Amendment Act provides that the Commission may review, and in some circumstances must review, certain STDs for the purpose of making any changes that the Commission considers necessary to implement amendments made by the Amendment Act to Schedule 1 of the Act.

The Commission has also allowed for minor changes that clarify the determinations or would improve their efficiency.

The proposed amendments would have effect from, and only in the event of, the structural separation of Telecom.

The Commission provided notice on 26 September 2011 that it had commenced a section 30R review of the following STDs, under section 72(1) of the Amendment Act:

  • STD for Telecom's unbundled bitstream access, 12 December 2007
  • STD for Telecom's unbundled bitstream access backhaul service, 27 June 2008
  • STD for unbundled copper local loop network service, 7 November 2007
  • STD for the designated services of Telecom's unbundled copper local loop network service (Sub-loop UCLL), Telecom's unbundled copper local loop network co-location service (Sub-loop Co-location) and telecom's unbundled copper local loop network backhaul service (Sub-loop backhaul), 18 June 2009
  • STD for Telecom's unbundled copper local loop network co-location service, 7 November 2007
  • STD for Telecom's unbundled copper local loop network backhaul (telephone exchange to interconnect point) service, 27 June 2008