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Draft broadband legislation reported back to Parliament

Buddle Findlay
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New Zealand
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May 23 2011

The reported-back version of the Bill incorporates the February 2011 SOP, with amendments both to the original Bill and that SOP (see report here

Decisions imminent on CFH's LFC partners for remaining candidate areas under UFB initiative

Buddle Findlay
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New Zealand
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May 23 2011

As detailed in our February 2011 update, Telecom and other parties associated with the NZ Regional Fibre Group (Alpine Energy, Enable Networks, Flute Joint Venture and Vector) had been prioritised by CFH for negotiation as potential LFC partners

Telecom and Vodafone joint bid awarded rural broadband funding

Buddle Findlay
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New Zealand
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May 23 2011

On 20 April 2011, Hon Steven Joyce announced that the government had accepted a final agreement with Telecom and Vodafone to deliver the RBI

Government decision pending on Telecom's consequential request to further vary its Operational Separation Undertakings

Buddle Findlay
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New Zealand
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May 23 2011

On 15 March 2011 Telecom requested a variation to its existing Operational Separation Undertakings, in anticipation of reaching agreement with the government on its joint RBI bid because of its concern that the non-discrimination rules in the Undertakings would apply to the RBI

Government takes the risk on regulation of crown funded fibre network prices

Buddle Findlay
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New Zealand
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May 23 2011

The Minister while backing the "low capped" wholesale prices negotiated by CFH now proposes an "alternative solution" to regulatory forbearance by way of contractual mechanisms in government contracts with LFCs

Hon Steven Joyce says he will drop regulatory forbearance

Buddle Findlay
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New Zealand
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May 23 2011

The announcement on 18 May 2011, two days after the Bill's report back, to drop the regulatory forbearance provisions and replace them with contractual assurances to Local Fibre Company (LFC) co-investment partners is significant

Update on measures to facilitate deployment of broadband infrastructure including proposals under the SOP

Buddle Findlay
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New Zealand
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February 22 2011

As foreshadowed in the principal Bill, the SOP also amends the existing provisions of the Telecommunications Act 2001 in relation to access rights to multi-unit complexes (e.g. office buildings and apartment blocks), private land, and the road reserve when constructing or maintaining telecommunications networks

Government's Supplementary Order Paper (SOP) relating to the Telecommunications (TSO, Broadband and Other Matters) Amendment Bill

Buddle Findlay
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New Zealand
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February 22 2011

On 16 February 2011, Hon Steven Joyce tabled additional telecommunications legislative proposals with the Finance and Expenditure Select Committee which is responsible for reviewing the government's Telecommunications (TSO, Broadband and Other Matters) Amendment Bill, introduced in December 2010

Telecom and Vodafone joint bid is preferred bidder for negotiation with the government under the rural broadband initiative (RBI)

Buddle Findlay
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New Zealand
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February 22 2011

On 7 February 2011, Hon Steven Joyce announced that commercial negotiations would commence between the government and Telecom and Vodafone in respect of their joint bid under the RBI

20182019 regulatory review proposed after the 10 year "regulatory holiday" for LFCs

Buddle Findlay
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New Zealand
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February 22 2011

According to the Cabinet Papers, the SOP also responds (to some extent) to concerns by UFB Initiative bidders for greater regulatory certainty after the end of the 10 year regulatory holiday for LFCs and in particular that capital invested during the forbearance period should be recognised in any later regulation of fibre services