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● The Australian Communications Authority (ACA) may plan and sell spectrum while it is encumbered;
● Spectrum licences are issued for fixed terms of up to fifteen years instead of previous ten years;
● Sections of the Trade Practices Act apply to extend anti-competitive conduct regulation; and so on.
The BSA has changed in:
● Broadcaster will often be exempt from the requirement to obtain a carrier license;
● New subscription television services are licensed under section 96 of the BSA instead of section 93;
● Digital transmission standards declared by the Minister under section 94 apply only to the section 93 licensees; and so on.
VI. THE 1986 ACT (NZ)
The Commerce Act 1986 (the 1986 Act) (as amended in 2001) is designed “to promote [workable or effective] competition in markets within New Zealand” “Part II of the 1986 Act prohibits both unilateral and coordinated activities that lessen or prevent competition. These prohibitions are enforceable by both private parties and by the Commerce Commission …Part III provides that the Commerce Commission can authorize activities that would otherwise lessen or prevent competition so long as they are in the public benefit, including the promotion of economic efficiency.”
In the decisions of Vodafone Mobile Ltd (NZ) (Vodafone) & 900MHZ Spectrum Case, the Commission considered these following grounds to assess that Vodafone purchases the bloc of 900 MHz spectrum.
● The Counterfactual. “The Commission proposes to use as a counterfactual the current status quo there Telecom and Vodafone compete for mobile customers and the Crown holds the last bloc of 900 MHz spectrum.”
● Current Competition. As the current level of competition would not be affected by the proposed acquisition, the Commission has not attempted to assess whether this level could be characterized as duopolistic or fully competitive.
● Potential for New Entry. Concerned about entry conditions and impact of the acquisition on new entry, “the Commission concludes that the proposed acquisition would not have a meaningful impact on the likelihood of new national network being rolled out. Further, it concludes that roaming agreements on reasonable terms would not be made significantly less likely by the proposed acquisition.”
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