Chorus intends appealing a High Court judgement upholding the
Commerce Commission's decision to set prices on the use of
the lines company's copper wire network.
Chorus general counsel Vanessa Oakley said the company had
sought leave to appeal the judgement from Justice Stephen Kos
this week, which tossed out its attempt to set aside the
regulator's initial pricing principle (IPP), which directed
the price Chorus can charge for unbundled bitstream access
Chorus appealed the commission's final determination in
November last year setting the UBA monthly price at $34.44
per line, up from the $32.35 price initially considered in
its draft decision. The UBA service allows internet retailers
to use Chorus' components on the copper lines without having
to replicate them.
At last month's hearing, Chorus claimed the regulator erred
in law when setting the price Chorus can charge for access to
its UBA services.
The commission rejected the claim, arguing the change in
regulation, rather than the decision, had shocked the market.