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TelstraClear application for wholesale determin...

19 July 2002

Commerce Commission to investigate TelstraClear application for wholesale determination

The Commerce Commission today announced it would investigate TelstraClear Limited’s application for a determination regarding the wholesale of services offered by Telecom New Zealand Limited.

TelstraClear applied to the Commission on 16 May requesting an access determination under the Telecommunications Act 2001 (the Act) in respect of both interconnection and wholesale services. On June 11 the Commission separated TelstraClear’s application into two distinct types of designated services – interconnection services and wholesale services. The Commission found that “for administrative ease and efficiency, the two types of service shall be analysed individually, under separate timetables.”

The Commission announced on 19 June that it would investigate the interconnection element of TelstraClear’s application (refer Media Release 2002/066 Commission to determine interconnection).

“The Commission has now completed its assessment of the wholesale element of TelstraClear’s application and has decided to investigate aspects of it,” explained Osmond Borthwick, Manager of the Commission’s Network Access Group.

Under section 25 of the Act, the Commission will next request written submissions from both parties on the wholesale element of the application.

Background
TelstraClear Limited applied to the Commission for an access determination under the Telecommunications Act 2001 in respect of both interconnection and wholesale services on 16 May 2002.

The Commission notified both parties to the determination on receipt of the application. Under section 24 of the Act, the Commission sought comment from both parties. Under section 25, the Commission must decide whether or not to investigate the application after receiving comments from the parties.

Section 25 of the Telecommunications Act 2001 states:

Commission must decide whether to investigate

(1) The Commission must make reasonable efforts to do the following things not later than 10 working days after the date by which the parties may comment on the application:

a) decide whether or not to investigate the matter:
b) give written notice of its decision to the parties:
c) give public notice of its decision:
d) request the parties to the determination to make submissions on the matter by written notice to the Commission not later than 10 working days after receipt of the notice from the Commission.

(2) Subsection (1)(d) applies only if the Commission has decided under subsection (1)(a) to investigate the matter.

A copy of the Commission’s decision is available on the website: http://www.comcom.govt.nz/telecommunications/Decisions.cfm

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