Chorus seeks leave to appeal

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 (UBA) services.

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.

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