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Commission approves TCF Draft Code

Issued 12 October 2006/056

Commission approves TCF Draft Code

The Commerce Commission has completed its consideration of the Telecommunications Carriers' Forum (TCF) code for the transfer of telecommunications services, known as the Customer Transfer Code.

The Commission is satisfied that the Code meets all the requirements of Schedule 2 of the Telecommunications Act 2001 and has approved it.

The Customer Transfer Code governs the transfer of a customer's telecommunications services between service providers. It aims to ensure a seamless experience for all parties involved in the process and sets out practices to comply with, whenever a customer requests a transfer of telecommunications services.

The Code contains provisions outlining customer authorisation and consent procedures to ensure a customer's telecommunications services are transferred when the customer wants them to be. There are provisions in the Code for seamless billing changeover and measures in place to increase the transparency of the transfer process so that the customer is in control. Continuity in support and a speedy transfer are priorities in the Code. Privacy of the customer is also an aim.

Further information about the Customer Transfer Code can be found at the TCF's website: .

Telecommunications Act 2001 Background

Under Schedule 2 of the Telecommunications Act 2001 ("the Act") - Telecommunications access codes, the Telecommunications Carriers' Forum may prepare telecommunications access codes for approval by the Commission.

On 27 July 2006 the TCF submitted the Customer Transfer Code for approval by the Commission.

The services to which the Code is to apply are:

- retail services offered by means of Telecoms' fixed telecommunications network;
- bundle of retail services offered by means of Telecoms' fixed telecommunications network;
- retail services offered by means of Telecoms' fixed telecommunications network as part of a bundle of retail services; and
- residential local access and calling service offered by means of Telecom's fixed telecommunications network.

Clause 2 of Schedule 2 of the Act sets out the requirements that the Customer Transfer Code must satisfy. Clause 2 provides as follows:

(1) A draft code for one or more designated access services or specified services may only provide for procedures, requirements, and other matters, not inconsistent with this Act, in respect of the implementation of applicable access principles.
(2) A draft code to which sub clause (1) applies must -
(a) be consistent with applicable access principles and any regulations made in respect of the applicable access principles; and
(b) be consistent with the purpose set out in section 18; and
(c) comply with the Commerce Act 1986; and
(d) not directly provide for the implementation of initial and final pricing principles and any regulations relating to those principles.

After investigation, the Commission considers that the Customer Transfer Code meets the above requirements as well as all other requirements outlined in Schedule 2 of the Act.


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