(1) These regulations may be cited as the Telecommunications (International Services) Regulations 1994.

(2) These regulations shall come into force on the 1st day of March 1995.

(1) In these regulations, unless the context otherwise requires,—

(2) Expressions not defined in these regulations but defined in the Act have, in these regulations, the meanings so defined.

These regulations apply to any person who establishes, operates, or maintains facilities in New Zealand for the purpose of providing to other persons in New Zealand, pursuant to an agreement or arrangement between that person and an overseas operator,—

• (a) Leased circuits that are connected both with public networks in New Zealand and with public networks in the territory of the overseas operator; or

• (b) Public switched telecommunications services to or from territories outside New Zealand.

(1) Every person to whom these regulations apply shall apply to the Secretary for registration in accordance with these regulations.

(2) Every application under subclause (1) of this regulation (other than an application made pursuant to regulation 13(3) of these regulations)—

• (a) Shall be in a form approved by the Secretary; and

• (b) Shall contain or have appended to it such statements, reports, or agreements as the Secretary may require; and

• (c) Shall be accompanied by a fee of $1,000.

(3) An application under subclause (1) of this regulation may be made in respect of single or multiple telecommunications links.

(1) Where a person has applied for registration in accordance with these regulations, the Secretary must register that person.

(2) The Secretary must, as soon as practicable after a person has been registered in accordance with these regulations, cause notice of that registration to be published in the Gazette.

Every registered operator shall comply with the following conditions:

• (a) The registered operator shall comply with such international telecommunications agreements and conventions as the Secretary may from time to time specify:

• (b) The registered operator shall furnish to the Secretary such statements, reports, and agreements as the Secretary may from time to time require:

• (c) [Revoked]

(1) The Secretary may at any time impose on any registered operator, for such period as the Secretary thinks fit, one or both of the following conditions:

• (a) A condition that the registered operator shall ensure that any agreement or arrangement between the registered operator and an overseas operator, being an overseas operator specified by the Secretary, provides for the registered operator to pay a fee for terminating traffic to the overseas operator, which fee shall be at a rate, and in accordance with a method, fixed by the Secretary:

• (b) A condition that the registered operator shall ensure that any agreement or arrangement between the registered operator and an overseas operator, being an overseas operator specified by the Secretary, provides for the registered operator's share of total traffic to New Zealand from that overseas operator to be in a similar proportion to that registered operator's share of total traffic from New Zealand to that overseas operator.

(2) In determining whether or not to impose one or both of the conditions described in subclause (1) of this regulation, the Secretary shall have regard to—

• (a) The desirability of promoting a competitive market in international telecommunications services in New Zealand; and

• (b) The interests of users of such services in New Zealand.

Where the Secretary is satisfied—

• (a) That a person who is a registered operator has not complied with one or more of the conditions of registration to which that registered operator is subject; or

• (b) That, in the case of services of a kind described in regulation 3(a) of these regulations, the circumstances to which the Secretary was required to have regard in determining whether or not to register that person as a registered operator have changed to such an extent that continued registration is no longer appropriate,—

the Secretary may revoke the registration of that person under these regulations.

The fees payable under these regulations are inclusive of any goods and services tax payable under the Goods and Services Tax Act 1985.

The Secretary may disclose to any registered operator any statements, reports, or agreements provided under regulation 4(2)(b) or regulation 6(b) or regulation 13(3)(b) of these regulations.

The following regulations are hereby revoked:

• (a) The Telecommunications (International Services) Regulations 1989¹:

• (b) The Telecommunications (International Services) Regulations 1989, Amendment No 1².

(1) Every person registered under the Telecommunications (International Services) Regulations 1989 at the commencement of these regulations shall, unless that person's registration is sooner revoked, be deemed to be registered under these regulations until the close of the 30th day of April 1995.

(2) Every person to whom subclause (1) of this regulation applies shall, on or before the close of the 30th day of April 1995, apply under regulation 4(1) of these regulations for registration in accordance with these regulations.

(3) Every application under regulation 4(1) of these regulations which is made, on or before the close of the 30th day of April 1995, by a person to whom subclause (1) of this regulation applies—

• (a) Shall be in a form approved by the Secretary; and

• (b) Shall contain or have appended to it such statements, reports, or agreements as the Secretary may require.

(4) Subject to subclause (5) of this regulation, the fee payable on registration under these regulations by a person to whom subclause (1) of this regulation applies shall be an amount calculated by deducting from the amount of $10,000 the amount paid by that person under the Telecommunications (International Services) Regulations 1989 in respect of the period from the 1st day of May 1995.

(5) Where the amount paid, by a person to whom subclause (1) of this regulation applies, under the Telecommunications (International Services) Regulations 1989 in respect of the period from the 1st day of May 1995 exceeds the amount of $10,000, no fee shall be payable on registration under these regulations by that person for the period of 1 year, and the amount of the excess shall be credited against the payment of any fee under regulation 9(2) of these regulations for any year after that year.