The UBA service is a wholesale broadband service that allows telecommunications operators to differentiate their retail products from Telecom’s retail broadband services.

According to the Commission, Telecom is currently required to provide other telecos access to the regulated UBA service on request, unless they’re in areas where Telecom faces effective competition.

“The Commission considers that Telecom faces effective competition where there are two or more other suppliers providing broadband services using their own cable network or through the use of the unbundled copper local loop (UCLL) service,” said Dr Ross Patterson, Telecommunications Commissioner.

“Likewise, the Commission’s view is that Telecom faces effective competition in an exchange where there is only one UCLL service provider and the exchange is forecast to have at least 6500 lines after the cabinetisation process is complete in 2011,” Patterson added.

The Commission considers that Telecom does not face effective competition in the provision of UBA services delivered from cabinets.

“Applying this test, the Commission’s view is that Telecom faces effective competition in 51 exchanges and the regulated UBA service will not be available on lines from these exchanges. The regulated UBA service will, however, be available from all cabinets,” said Dr. Patterson.

Interested parties have an opportunity to make submissions on the draft report by 5pm on November 25th.

The draft report can be accessed here.

Earlier this month the Commerce Commission launched an investigation into an alleged breach of Separation Undertakings by Telecom.