Telecommunications Development Levy

Project status: Discussion document Determining the liability allocation for the Telecommunications Development Levy for 2011/12 and beyond released 2 February 2012.

The Telecommunications Development Levy (TDL) replaces the Telecommunications Service Obligations (TSO) liability allocation process. It also  streamlines the process for industry contributions to the TSO and government-led improvements to New Zealand’s telecommunications infrastructure.

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Additional Input Methodologies for Electricity and Gas DPPs

Project status: Process and Issues Paper due 6 December 2011

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Register of Chorus' non-retail users

Project status: Ongoing

The register of non-retail users lists all companies who may purchase telecommunications services directly from Chorus.

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Updates to the 2013/14 and 2014/15 Forecast MARs (November 2012)

Project status:

Transpower may apply for updates t the forecast maximum allowable revenues (MARs) for the 2013/14 and 2014/15 pricing years.

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Update to the 2014/15 Forecast MAR (November 2013)

Project status:

Transpower may apply for an update to the forecast maximum allowable revenue (MAR) for the 2014/15 pricing year.

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Annual Compliance Monitoring Statement (2012/13)

Project status:

Transpower is required to provide and publish its annual compliance statement for the disclosure year ending 30 June 2013 by 25 October 2013.

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Annual Compliance Monitoring Statement (2013/14)

Project status:

Transpower is required to provide and publish its annual compliance statement for the disclosure year ending 30 June 2014 by 24 October 2014.

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Annual Compliance Monitoring Statement (2014/15)

Project status:

Transpower is required to provide and publish its annual compliance statement for the final disclosure year of the regulatory control period ending 30 June 2015 by 23 October 2015.

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Maximum Allowable Revenues (2012/13-2014/15)

Project status:

The Commission set the maximum allowable revenues (MARs) for this period on 1 November 2011.

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Fonterra Co-Operative Group Restrictive Trade Practice application

Project status: Submissions on Draft Determination are due by 16 February 2012

The Commerce Commission has received an application under its authorisation process from Fonterra Co-Operative Group seeking authorisation of agreements with Silver Fern Farms (and other unknown exporters and importers) in respect of the provision and procurement of freight services by Kotahi Logistics.

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Information Disclosure

Project status: In consultation

The 2011 amendments to the Telecommunications Act 2001 introduced new information disclosure requirements for the companies building the UFB fibre network and Chorus’s copper network.

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Refrigerant License Trust Board Restrictive Trade Practice application

Project status: Final Determination published 25 November 2011

The Commerce Commission has received an application under its streamlined authorisiation process from the Refrigerant License Trust Board seeking authorisation to allow wholesalers of refrigerants to enter into an agreement.

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MTAS STD monitoring

Project status: data collection and monitoring

Under the MTAS STD the Commission is monitoring the mobile market to determine whether cost-based MTRs are addressing the competition concerns that were considered in the MTAS STD decision.

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Chorus' unbundled copper low frequency service STD

Project status: Commission is considering submissions and comments on additional information provided by Chorus

Chorus’ unbundled copper low frequency (UCLF) service provides other operators access to the low frequency portion of Chorus’ copper network for the purposes of providing telecommunications services.

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Review to average UCLL, sub-loop UCLL and UBA prices

Project status: Consultation on revised view (naked UBA uplift) – Submissions due 22 November 2011

These reviews update UCLL and sub-loop UCLL prices to reflect movements in prices internationally, and average the core prices payable for the UCLL, sub-loop UCLL and UBA services.

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High Speed Broadband Services Demand Side Study

Project status: Analysis and Research phase 1 June 2011 - 16 December 2011

The demand side study aims to identify issues that might affect the uptake of high speed broadband in New Zealand.

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Review of UBA Pricing

Project status: Final decision released 28 July 2011

On 3 March 2011, the Commission commenced a review of UBA pricing under section 30R of the Act.

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Transpower Input Methodologies

Project status: Release Final Transpower Capital Expenditure Input Methodology Determination and Final Reasons Paper - 1 February 2012

Input methodologies for electricity transmission services were determined in December 2010. The Commission is currently developing an additional input methodology for Transpower’s capex.

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Part 4 Review of Electricity Information Disclosure Requirements

Project status: Release of Draft Determination and Draft Reasons Paper for Information Disclosure - 16 January 2012

Section 53A of the Act provides that the purpose of information disclosure is to ensure that sufficient information is readily available to interested persons to assess whether the purpose of Part 4 of the Act is being met.

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Opex Capex Review (2012/13-2014/15)

Project status: Commerce Commission Forecast MAR Determination will be given effect by updating the IPP Determination due 30 November 2011

Under individual price-quality regulation, the Commission sets an approved level of operating expenditure and capital expenditure to apply to Transpower.

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Transpower New Zealand Limited Compliance under the Administrative Settlement

Project status:

Transpower was regulated under an administrative settlement between 1 July 2008 and 31 March 2011.

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Telecom compliance with the Undertakings (UBA with SLES)

Project status:

On 15 October 2010, the Commerce Commission launched an investigation into an alleged breach of the Separation Undertakings by Telecom to ascertain whether the terms on which the unbundled bitstream access (UBA) service (when taken in conjunction with the Sub-loop Extension Service (SLES)) is provided are discriminatory.

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Review of UBA Data Costs

Project status: Final review decision released 28 July 2011

On 19 February 2010, the Commission commenced a review of the data transmission cost under section 30R of the Act. The data transmission cost is a component taken into account in determining the price of UBA.

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Telecommunications Market Reports

Project status: 2011 International Price Comparison Report : Waiting for data before commencing analysis and 2011 Annual Monitoring report : Finalising telecommunications industry questionaire

The Commission produces an annual telecommunications monitoring report that looks at the state of telecommunications markets in New Zealand and developments that occurred during the year. It also looks at trends in telecommunications markets since the Commission was given responsibility for monitoring them in 2006. The report uses data from various sources but relies mainly on the results of the Commission’s annual telecommunications industry questionnaire which collects data for the 30 June year.

As part of its monitoring of telecommunications markets in New Zealand, the Commission from time to time compares retail prices paid in New Zealand for baskets of telecommunications services with those paid in overseas countries. Other OECD countries are the usual comparator.

The Commerce Commission produces regular reports monitoring the state of telecommunications markets in New Zealand.

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Defining Scope of Regulation

Project status:

The Telecommunications Act 2001 requires that the Commission consider, at intervals of not more than 5 years after the date on which a designated service or specified service comes into force, whether there are reasonable grounds for commencing an investigation into whether the service should be omitted from Schedule 1 of the Act.

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Gas Information Disclosure

Project status: Release of Draft Determination and Draft Reasons Paper for Information Disclosure - 16 January 2012

The Commission is currently developing information disclosure requirements for suppliers of gas pipeline services, under Part 4 of the Commerce Act 1986.

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2010-2015 Default Price-Quality Path

Project status:

The 2010-15 default price-quality path is the current default price-quality path applying to EDBs. It came into effect on 1 April 2010 and expires on 31 March 2015. 

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2012 Default Price-Quality Path

Project status: Submissions on Initial Default Price-Quality Path for Gas Pipelines Businesses Reasons Paper and Draft Determinations due 19 December 2011

Under s 55E(2) of the Act, the Commerce Commission is required to set an initial default price-quality path for GPBs as soon as practicable after 1 July 2010.

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