Chorus not challenging decision

Chorus has decided not to appeal the Commerce Commission’s pricing decision. Photo supplied.
Chorus has decided not to appeal the Commerce Commission’s pricing decision. Photo supplied.

Chorus has decided to accept the decision of the Commerce Commission, avoiding a lengthy and public court case, and instead focus on the future, Forsyth Barr broker Suzanne Kinnaird says.

Chorus confirmed it would not initiate any legal appeals on the final decision on the price others must pay to use the Chorus copper network.

Ms Kinnaird said it was always going to be a difficult decision for Chorus given the high threshold required to win.

However, Chorus was probably swayed by both the political and public relations risks involved in challenging the commission.

Chorus retained the right to counter claim if any of the other parties involved - Vodafone and local fibre companies - launched a challenge.

Spark New Zealand also confirmed it had accepted the commission's finding, she said.

Chorus was due to report its first-half result on February 19.

It indicated it would then restart its dividend programme.

The commission's final determination on copper and broadband prices was a positive surprise for Chorus, allowing the network company to charge more although there was no backdating.

Reduced revenue from one-off services and no backdated price changes were expected.

"Looking forward, Chorus will manage a fibre network that covers more than 50% of premises in New Zealand, once complete.''

With the completion of the ultra-fast broadband project, its major investment for the next 30 years would have ended, Ms Kinnaird said.

Focus remained on the Ministry of Business, Innovation and Employment review of telecommunications regulations which set pricing principles for copper and fibre services past 2020.

Forsyth Barr had an underperform rating on Chorus.

Chorus chairman Patrick Strange said the board was aware some investors felt there might be merit in further testing aspects of the determination in court.

"It is the strong view of the board and management that the best long-term value for our shareholders and customers will be achieved through the industry focusing on bringing New Zealand better broadband.''

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