2 December 2009
TSO decision confirms need for urgent reform
By majority decision the Court of Appeal today declined Vodafone’s claim that the Commerce Commission erred by not taking into account available mobile technologies to deliver services to allegedly loss-making customers in its cost model.
The appeal relates to an historical determination of TSO net costs by the Commission dating back to 2003-04.
“Naturally, we are disappointed with the decision today - although we are pleased that the President of the Court of Appeal agreed with our view. However, we believe that it confirms the need for urgent reform of the flawed TSO levy system and we are encouraged that the government is going to move quickly to resolve this matter for future years” said Roger Ellis, Head of Government Relations.
“With regard to this particular determination, we need to consider the judgment fully before deciding our next steps on this issue” said Ellis.