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Number portability determination

5 January 2004

Commerce Commission receives second application for number portability determination

The Commerce Commission has received a joint application from TelstraClear, Telecom and Vodafone seeking a determination for designated multi-network services under the Telecommunications Act 2001 in respect of the local telephone number portability service and the cellular telephone number portability service.

Local number portability enables a customer to change their telecommunications provider but retain the same telephone number within a local calling area. Cellular number portability enables a cellular customer to change their provider but retain the same telephone number, including the same cellular network access code.

The applicants seek a determination under section 31(a) of the Act for the functions that must be performed by a system for delivering the number portability services and the standard to which those functions must be performed.

On receiving an application, the Commission must request the parties to comment on the application not later than 10 working days after receipt of the notice from the Commission. The Commission will seek comments from the parties once it has reviewed the application. Following receipt of comments from the parties, section 35 of the Act requires the Commission to decide whether or not to investigate the application.

The Commission is currently investigating a separate number portability application on the formula for how the cost of providing number portability should be apportioned between the providers of number portability services. The Commission released a draft determination on that application on 6 December 2004 and sought submissions by 7 February 2005. Background Section 34(c) of the Act states that, on receiving an application made in accordance with section 33, the Commission must request the parties to comment on the application not later than 10 working days after receipt of the notice from the Commission.

Section 35 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 all the parties to the determination:
c) give public notice of its decision:


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