Variation #1
On 31 March 2009, Telecom proposed a variation (Variation #1) to the Undertakings focussed on specific milestones for the migration to the EOI standards.
More specifically Telecom proposed bringing forward the date on which service providers would have access to certain systems to provision UCLL, UBA and UBA Backhaul (so-called front-end equivalence systems).
In order to prioritise this work and to provide time for the development of ‘back-end’ equivalence to complete EOI, Telecom proposed:
- adding new requirements for delivering equivalence using FMO (Future Mode of Operation) systems; and
- delaying the consumption by Telecom business units of UCLL (unbundled copper local loop), UBA (unbundled bitstream access) and UBA Backhaul (unbundled bitstream backhaul service) by 6-18 months.
The Minister agreed to the variation in June 2009.
Variation #2
On 13 August 2009 Telecom proposed a variation (Variation #2) to delay by nine months the separation of information systems, shared by the Telecom business units, containing customer confidential information. Telecom stated that the variation was necessary in order to avoid a possible breach of the Undertakings.
The Minister called for public submissions on the Telecom proposed variation. The Commerce Commission submitted a response on 18 September 2009 (PDF).
The Minister agreed to the variation in November 2009.
Variation #3
On 17 December 2009 Telecom proposed a variation (Variation #3) to the Undertakings.
The variation sought to:
- delay the implementation of various systems used for the provisioning of Wholesale services (including postponing the dates proposed by Telecom in its first variation request);
- allow Telecom to meet the new extended deadlines using existing systems rather than the new FMO systems agreed in the first variation.
The Minister called for public submissions on the Telecom proposed variation. The Commerce Commission submitted a response on 15 March 2010 (PDF).
The Minister agreed to the variation on 28 May 2010. As part of the agreement, Telecom was required to compensate third parties for costs incurred on the systems upgrades (FMO) Telecom had promised.
Variation #4
On 24 May 2010 Telecom proposed a further variation (Variation #4) to the Undertakings.
Telecom requested amendments to the Undertakings to:
- suspend the consumption of UBA service in the delivery of retail broadband services (required to provide retail broadband services on a fully-EOI basis);
- suspend the commencement of VOIP services (ultimately to be provided on a fully EOI basis);
- suspend the delivery of certain FMO systems required by Variation #1.
The Minister called for public submissions on the Telecom proposed variation. The Commerce Commission submitted a response on 23 July 2010 (PDF).
On 11 October 2010, following a request from the Minister, Telecom resubmitted varied undertakings, which were accepted by Minister Joyce on 12 October 2010.
