The Commission penalised MyRepublic after it failed to provide the required information by the due date and only did so “after being pursued by the Commission for several months”.
This latest breach follows the issuing by the Commission, as reported by iTWire, of a written warning to MyRepublic for a similar breach in 2018.
In response to this latest breach, the Commission said in a statement on that it had decided to issue a civil infringement notice in response to MyRepublic’s breach, which carries a fixed pecuniary penalty currently set at $2,000 in the Act.
Under the Telecommunications Act, liable companies must provide the Commission with annual audited financial information that the Commission can use to apportion the levy.
“MyRepublic has now breached its TDL obligations for two years in a row,” says Telecommunications Commissioner Tristan Gilbertson.
“This is unacceptable – it undermines the integrity of the system and is unfair on the New Zealanders who depend on the critical infrastructure and services supported by TDL funds.”
“Should MyRepublic fail to comply in future, the Commission will take MyRepublic’s previous breaches into account when considering the appropriate enforcement response, including proceedings to pursue a pecuniary penalty in the High Court (of up to $300,000 for each breach).
“We’ve taken this action to reinforce the importance of compliance with statutory obligations and signal to all stakeholders that future non-compliance by any liable company will be met with more stringent enforcement responses,” Gilbertson says.
A copy of the civil infringement notice has been published on the Commission’s case register.
An overview of the TDL and how it is calculated can be found here.