Regulated bitstream service application

Telecommunications Act: Commission receives second application for access to regulated bitstream service

The Commerce Commission has received an application from Ihug Limited for an access determination under the Telecommunications Act 2001 in relation to the provision of bitstream by Telecom New Zealand Limited.

This is the second application that the Commission has received for access to the regulated bitstream service, having received an application from TelstraClear Limited last week.

The application specifically relates to the provision of bitstream by Telecom at a downstream throughput rate of 2 mbps, and an upstream throughput rate of 128 kbps. Bitstream enables a telecommunications provider to provide internet access to its own customers using wholesale Asymmetric Digital Subscriber Line (ADSL) services purchased from Telecom.

The Commission has notified the parties to the determination that the application has been received, and requested that the parties comment on the application by 23 November 2004.

Following receipt of comments from the parties, the Commission is required under section 25 of the Act to decide whether or not to investigate the application.

A copy of the application is available on the Commission website, select Telecommunications Regulation, then Access Determinations.

Background

Ihug Limited has applied for the following service designated under Schedule 1 of the Telecommunications Act 2001: ‘Access to, and interconnection with, Telecom’s fixed PDN (Public Data Network)’.

Under s 24 of the Act, the Commission must, on receiving an application in accordance with s 23:

(a) notify the parties to the determination in writing that the application has been received; and

(b) provide a copy of the application to the other party to the determination; and

(c) request the parties to the determination to comment on the matter by written notice to the Commission not later than 10 working days after receipt of the notice from the Commission.

Section 25 of the Act requires that 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:

(c) request the parties to the determination to make submissions on the matter by written notice to the Commission.

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