The Commerce Commission today published a register of telecommunications companies who are wholesale customers of Chorus’s telecommunications services.
Following the separation of Chorus from Telecom Retail on 30 November 2011, the Commission must maintain a register of companies that Chorus may supply with telecommunications services.
There are approximately 30 companies on the register. Most of them are internet service providers or network operators who will use Chorus’s wholesale services to compete with Telecom Retail, Gen-i and Xtra to provide telecommunication services to retail customers.
The register can be found on the Commission's website along with information on:
• the Commission's process for adding companies to the register
• current applications the Commission is considering for a company to be added to the register
• how to receive updates about the register
• guidelines for making a complaint.
You can view the final register and related information on the Commission’s website at: www.comcom.govt.nz/register-of-chorus-non-retail-users
Following separation day new line-of-business restrictions prohibit Chorus from supplying retail services.
Section 69O of the Telecommunications Amendment Act 2011 states that Chorus must not supply telecommunications services to a company if that company, or a related company, consumes 25% or more of the services supplied.
As of separation day, the register must include all of Chorus’s existing unbundled bitstream access (UBA) and unbundled copper local loop (UCLL and SLU) wholesale customers.
If a wholesale customer is on the register, it is considered conclusive evidence that Chorus does not breach section 69O by supplying them telecommunications services.
The Commission must give notice in the Gazette following receipt of an application for an addition to the register. The Commission has posted interim processes on its web site, which will be finalised following separation day.
The Commission must approve an application within 15 working days of receipt if the Commission is satisfied that Chorus will not breach section 69O.
Companies may be removed from the register if the company becomes insolvent or ceases to do business, or if the Commission is no longer satisfied that Chorus will not breach section 69O by supplying to that company.