ComCom seeks submissions on Telecom UBA competition

In line with its obligations under the Telecommunications Act, the Commerce Commission has announced it is seeking submissions on a revised draft report on whether Telecom faces competition in providing unbundled bitstream access (UBA) services.

The review, under section 30R of the Act, will apply the first competition review of Telecom’s UBA since the UBA service standard terms determination was issued in December 2007.

The UBA service is a wholesale broadband service that allows telecommunications companies to supply broadband services to their retail customers without the need to replicate Telecom’s copper local loop, thereby allowing competitors to differentiate their own retail broadband products from Telecom's.

The Commission said it changed its assessment criteria, for whether there is effective competition for UBA, after considering the issues raised in previous submissions.

Under the new criteria, the regulatory agency said it considers Telecom to face effective competition in an exchange service area if two or more competing providers are present and Telecom’s market share in the ESA is less than 80 percent.

Based on this assessment, the Commission said its view is that Telecom faces effective competition in 27 exchanges and the terms of the UBA standard terms determination would not apply on lines from these exchanges.

The ComCom recently issued proceedings against Telecom for failing to provide other telecommunications providers with UBA access.

Submissions can be made here and are due by 5pm on Wednesday 6 July 2011.