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Telecommunications Carriers' Forum code

The Commerce Commission has completed its consideration of the Telecommunications Carriers' Forum (TCF) code for co-location of radiocommunications services, known as the Co-location 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 Co-location Code relates to two regulated services, 'co-location on cellular mobile transmission sites' and 'co-location of equipment for fixed telecommunications services at sites used by Broadcast Communications Limited'. The Code provides a framework for negotiating co-location agreements, addressing such matters as queuing policy, information disclosure, operational issues, and dispute resolution. The Code is binding on all persons who currently operate a cellular network and those persons who are likely to operate a cellular network.

The Commission did not approve the initial version of the Code that was submitted by the TCF in October 2004. It did not, at that time, meet all of the requirements set out in the Act. "I am pleased that the industry has successfully worked together in making improvements to the Co-location Code such that it now meets the criteria of promoting competition for the benefit of consumers" said Douglas Webb, Telecommunications Commissioner.

The decision on approval of the Co-location Code can be found on the Commission's website at: www.comcom.govt.nz Telecommunications Act 2001 Background

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

On 22 September 2006 the TCF submitted the Co-location Code for approval by the Commission.

The services to which the Code is to apply are:

 Co-location on cellular mobile transmission sites; and  Co-location of equipment for fixed telecommunications services at sites used by Broadcast Communications Limited.

Clause 2 of Schedule 2 of the Act sets out the requirements that the Co-location 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 Co-location Code meets the above requirements as well as all other requirements outlined in Schedule 2 of the Act.

ENDS

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