The Telecommunications (International Services) Regulations 1994
[ Last Updated 16 November 2005 ]
TELECOMMUNICATIONS INFORMATION LEAFLET NO. 3
May 1996
Introduction
1 The Telecommunications (International Services) Regulations 1994 are made pursuant to section 5 of the Telecommunications Act 1987 (as amended by the Telecommunications Amendment Act 1988). The regulations provide for the registration of any person establishing, operating, or maintaining facilities in New Zealand for the purpose of providing international public switched or leased circuit telecommunications services.
2 This information leaflet outlines the regulations. It is not a substitute for reference to the precise wording of the relevant statutes or for professional advice.
Background
3 The regulations are intended to ensure that a competitive market for international services is maintained, and to protect the interests of New Zealand users of international telecommunications services.
4 While it is government policy to allow and welcome competition in the provision of international telecommunications services, it is recognised that this sector has some unique features that require residual safeguards to be maintained. Operators enjoying monopoly or statutory privileges in overseas markets have the potential to exploit their position against competitive service providers in New Zealand. There is scope for such operators to play off one supplier against another, or to engage in other anti-competitive practices, to the detriment of telecommunications users in New Zealand. The regulations therefore maintain some reserve powers which enable the Secretary of Commerce to impose conditions on operators in circumstances where the interests of consumers are considered to be substantially harmed.
5 The 1994 regulations replace the Telecommunications (International Services) Regulations 1989, and represent a more liberal approach to the registration of international service providers. The 1989 regulations required compliance by all registered persons with requirements for "parallel" accounting and proportionate returns of traffic. The 1994 regulations remove this blanket requirement, leaving registered operators to negotiate freely with overseas operators. Special conditions are applied only where considerations of harm to users arise.
The Regulations
Title and Commencement
6 The Telecommunications (International Services) Regulations 1994 came into effect on 1 March 1995. They replaced the Telecommunications (International Services) Regulations 1989, and adopt a more liberal approach than the 1989 regulations.
Interpretation
7 Regulation 2 provides definitions of the following terms:
- Facilities;
- Leased circuit;
- Overseas operator;
- Public networks;
- Public switched telecommunications services;
- Registered operator;
- Secretary;
- Telecommunications link.
Application of Regulations
8 The regulations apply to any person establishing, operating or maintaining facilities in New Zealand for the purpose of providing international public switched and/or leased circuit telecommunications services, to other persons in New Zealand for communication with an overseas operator.
Registration
9 Regulation 5 provides for the Secretary of Commerce to register any person wishing to operate facilities for the purpose of providing international telecommunications services, if the person complies with these regulations, and pays an application fee of $1,000 (inclusive of Goods and Services Tax). Notice of registration shall be published in the New Zealand Gazette by the Secretary.
Terms and Conditions of Registration
10 Regulation 6 requires registered operators to:
- comply with international telecommunications agreements and conventions to which New Zealand is a party. These are primarily the International Telecommunication Regulations adopted by the International Telecommunications Union (ITU).
- file with the Secretary of Commerce such statements, reports and agreements as the Secretary may require. This is to enable the Secretary to monitor compliance with the regulations.
- pay all fees payable under these regulations.
Revocation of Registration
11 Regulation 8 enables the Secretary to revoke registration when the registrant has not complied with any term or condition of registration, or where registration is no longer appropriate due to a change in circumstances.
Fees
12 Regulation 9 provides for the payment of an annual fee of NZ$10,000 (inclusive of Goods and Services Tax) by registered operators, commencing with registration. This is to meet administrative and monitoring costs.
Inquiries
- 13 Inquiries should be directed to:
The Senior Advisor
International Communications Policy
Communications Division
Ministry of Commerce
PO Box 1473
Wellington
NEW ZEALAND
Telephone: (+64 4) 472 0030
Facsimile: (+64 4) 499 0797
Communications Division
Ministry of Commerce
Information correct as of May 1996
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