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InternetNZ and ISPs cross submit on determination

Internetnz’s Cross-Submission In Respect Of The Commerce Commission’s Draft Determination Of The Telstraclear UBS Application

Short name: InternetNZ and ISPs cross submit on the UBS draft determination

PJM June 12, 2005 Wellington

“A very important step forward for the Internet industry in New Zealand,” is how David Farrar, Acting President of InternetNZ is characterising the possible gains from TelstraClear’s application for access to Telecom’s wholesale UBS service.

InternetNZ, following on from its earlier submissions to the Commerce Commission in response to the draft determination for TelstraClear’s access to the wholesale UBS service, has reviewed other submissions and has delivered a paper with the following introductory paragraphs:

“Telecom raise numerous technical reasons as to why there should not be an unrestrained speed local access UBS service. Australia allows unrestrained DSL speeds across Telstra’s copper wire by third party access seekers (that is, the third parties are using their own DSLAMs so Telstra loses much control). Now the UK has introduced unrestrained speeds on a similar basis. These countries have to confront similar issues. What is it that is so unique about New Zealand which means that the same approach can’t be followed here?

“Telecom maintain that single pricing of DSL local access (ie: between the end-user’s modem and the exchange) will lead to only a single type of retail offering for each of business and residential end-users respectively. How can this be when local access is only a small component out of the various components that make up the overall internet access package supplied to end-users, and those components come in many shapes and sizes?”

The remainder of the paper supports this position. In support of this a full technical paper was also submitted. The full papers are available on the InternetNZ website at, or at the Commerce Commission site at

InternetNZ is encouraged by the financial, technical and moral support of the ISP community in this extensive body of work.

David Farrar, Acting President of InternetNZ states “We are impressed with the work our team has put into developing a strong position to support the need for better broadband services for New Zealanders. The ISPs have joined our effort which makes our case even stronger.”

Peter Macaulay Executive Director of InternetNZ adds “The Commerce Commission have been very helpful in delivering a strong draft determination, and this has made our task clearer. Our legal advisor, Michael Wigley, technical advisor Don Stokes and our secretariat team have worked beyond expectations to deliver a high quality submission which we believe will strongly influence the Commissions deliberation.”

The Commerce Commission will be holding a conference on the determination on July 4-5.

David Farrar concludes “This is one of the few opportunities we have to directly improve the wholesale services that will help New Zealand ISPs towards delivering a world class DSL broadband service.”


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