Telecommunications Carriers’ Forum Submits Draft

14 October 2004-05

Telecommunications Carriers’ Forum Submits Draft Co-location Code to Commission for Approval

The Telecommunications Carriers’ Forum has submitted its first draft code to the Commerce Commission for approval under the Telecommunications Act.

This draft code relates to two regulated services which are specified under the Act, ‘co-location on cellular mobile transmission sites’ and ‘co-location of equipment for fixed telecommunications services at sites used by Broadcast Communications Limited’. The draft code provides a framework for co-location on a site by site basis, addressing such matters as queuing policy, operational issues, and dispute resolution.

“This is a milestone for the Forum. I am pleased that the industry has successfully worked together in developing the code to this point. The industry itself is often best placed to develop procedures to deal with specific technical industry issues, with the Commission ensuring that such industry agreements are consistent with both the Telecommunications and Commerce Acts,” said Douglas Webb, Telecommunications Commissioner.

The Commission seeks submissions on the code by 12 November 2004, and expects to make a decision on whether to approve the draft code by January 2005.

A copy of the draft co-location code is available on the Commission’s website at http://www.comcom.govt.nz/telecommunications/TelecomAccess.cfm

Background Schedule 2 of the Telecommunications Act 2001 (“the Act”) provides the framework for approval of draft telecommunications access codes submitted to the Commerce Commission by the Telecommunications Carriers’ Forum. The Forum may submit codes which relate to specified, designated, or designated multi-network services regulated under Schedule 1 of the Act.

The draft co-location code currently before the Commission for approval concerns ‘co-location on cellular mobile transmission sites’ and ‘co-location of equipment for fixed telecommunications services at sites used by Broadcast Communications Limited’, both of which are ‘specified services’ under the Act. Full descriptions of these services are set out in Part 3 of Schedule 1 of the Act.

Clause 2 of Schedule 2 of the Act sets out certain requirements for draft codes for specified services. These types of draft codes may only provide for procedures, requirements, and other matters in respect of the implementation of applicable access principles. The access principles applicable to the two specified services in the co-location code are the standard principles set out in clause 5 of Schedule 1. These principles refer to timeliness of service, consistency with international best practice, and consistency with the terms and conditions on which an access provider provides a service to itself.

Further requirements set out in clause 2 of Schedule 2 are that a draft code for specified services must be consistent with the applicable access principles and the purpose set out in section 18 of the Act, must comply with the Commerce Act 1986, and must not directly provide for the implementation of pricing principles.

ENDS

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