62
(c)
adjustments to regulated retail prices applying within and outside the eligible universal service area to
the extent this would permit the licensee to recover identified costs that are not otherwise recoverable;
and
such other means, including market-based means, as may be determined by the Authority in consultation
with the Commerce Commission and the industry.
{d)
(2) The Authority shall propose the undertaking of one or more of the universal service benefits under subsection
(1)(a), (6), (c) and (d), in consultation with the Commerce Commission.
(3) In this section, “interconnection” means a specific type of access to facilities involving the physical or logical
linking of two networks for communication between consumers of one with the other or for transit of communications
from the consumers of one network across the network of the other, irrespective of the type of signals or information
conveyed.
52.—(1)
Universal service levies
Upon direction of the Minister, the Authority must levy charges for universal services up to a maximum
prescribed percentage of licensees’ gross revenues net of settlement charges to other licensees paying levies.
(2) The Authority may grant exemptions to the levy in subsection (1) in respect of certain services where it
reasonably considers that such exemptions are consistent with the universal service objective in section 48.
Universal Service Fund
53.—(1)
This section establishes a trust fund called the Universal Service Fund, into which the following
moneys are to be paid into—
(a) any money appropriated by Parliament for the purposes;
(b) any grant, contribution or loans from any international organization or donors; and
(c) all levies payable under in section 52.
(2) The Fund is to be kept in and administered by the Ministry of Finance in accordance with the Financial
Management Act 2004.
(3) Money from the Fund may only be spent on the installation of networks, provision of services and operating
costs in the eligible universal service area, as eligible for universal service funding under this Part.
(4) The Authority, in consultation with the Ministry of Finance, shall provide an audited annual report to the
Minister setting out the collection and disbursement from the Fund.
(5) The management and administration costs of the Fund are to be paid from the annual budget of the
Authority.
Division 5 — Consumer Protection and Technical Matters
Consumer protection
54.—(1)
Any service provider that supplies telecommunications services to
following requirements and the prescribed requirements—
(a) service providers must provide all of the terms and conditions
telecommunications services to consumers in a manner that is simple
(b) no service provider must make a statement or representation that is, or
it is made may be construed as being false or misleading regarding the
consumers must comply with the
applying to the provision of
to understand;
in all the circumstances in which
terms and conditions on which a
telecommunications service is provided (including price, quality, features and conditions of any service
or product);
{c)
{d)
service providers must charge consumers only for services and products ordered or used;
service providers must bill consumers periodically and in accordance with the prescribed
requirements;