service provider regulations
FAQ for customers purchasing New Zealand Domestic Services
This document provides high level summary information about Service Providers' (SP) obligations relating to consumer Telco Dispute Resolution, Emergency Services Support, and Legal Intercepts. It also outlines the support which Symbio may agree to provide its customers. It is provided as high level guidance to Symbio’s wholesale customers and is not to be distributed.
Symbio has taken reasonable steps to provide information which it considers accurate as at the date of this document however the information is high level and may be incomplete. It is not intended to be relied on as legal advice.
Customers are recommended to obtain their own legal advice in relation to their legal and regulatory obligations.
The New Zealand Telecommunications Dispute Resolution (TDR) service is a free and independent service to help consumers manage complaints about any product or service from their telecommunications provider. It was set up by the New Zealand Telecommunications Forum (TCF), whose members provide service to 95% of telecommunications consumers in New Zealand.
Membership is not compulsory. Further information about joining TDR as a member can be found on the TDR website.
New Zealand has inbound numbers that are used by individuals, businesses and governments to provide inbound information services. These services are provided on the 0508 and 0800 prefixes.
The TCF Emergency Services Code (the Code) requires all TCF Members to provide customer billing name and address details to the Emergency Services Providers' National Location Register (currently the Police TESA database). This is as per the requirements set out in Police Telecommunications Directory Database System (TDDS) Supplier Requirements.
Currently Symbio assists manage TESA requirements on behalf of some of its wholesale customers in New Zealand i.e., submitting end user data provided to it by the wholesale customer.
Customers can request that Symbio provide end user data to the TESA on their behalf. The wholesale customer then provides information to Symbio for Symbio to submit to the NZ police.
If Symbio agrees to provide this assistance, Symbio's sole responsibility is to receive end user data from its wholesale customer and submit it to the TESA (NZ) in the prescribed form, and to provide the customer with any error notice it receives from the TESA. The customer remains responsible for all other areas of compliance including collecting information from its end user customers and complying with relevant privacy laws.
Scam is treated seriously in New Zealand and Symbio and other Service Providers have responsibilities under the Scam Prevention Code, an industry code of practice for SA2P Partners t take action in response to scam calls and SMS to mobile phones and landlines.
The Telecommunications (Interception Capability and Security) Act (TICSA) 2013 outlines the obligations of New Zealand telecommunications Service Providers in relation to interception and network security. Under the Act, Police have the responsibility for maintaining a register of Service Providers that holds information, on behalf of all the surveillance agencies, about Service Providers and their compliance with the obligations set out in the Act.
The duty to be interception ready applies to Service Providers with an average of fewer than 4,000 customers over a 6 month period as long as certain criteria are met. An interception ready Service Provider has the requirement to pre-deploy access points and reserve facilities to allow an interception warrant or any other lawful interception authority to be given effect.
The duty to be intercept accessible applies to wholesale network services provided by a Service Provider. When presented with an interception warrant or any other lawful interception authority a Service Provider must be willing and able to provide a suitable access point and facilities for interception equipment.
For more information on NZ interception requirements, refer to NZ Police's website.
As the information contained in this document is limited to specific topics, please ensure as a Service Provider you are aware of other legal and regulatory obligations, which you must adhere to.
Customers are directed to the regulator's website.
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