The Commissioner can make a determination
The determination process is:
- The Commissioner will first make a preliminary determination
- The Commissioner can seek submissions from each party on their views about the preliminary determination (this may be over the phone or in writing)
- The Commissioner can seek any further information necessary to make a final determination
- The Commissioner will make a final determination
The final determination is binding unless the Scheme user refers the dispute to a District Court within five working days of the determination.
A Scheme user who is not a member (such as the person who requested broadband, or the person affected by the access request) does not have to accept the Commissioner's determination.
However, the final determination will become binding unless the person refers the dispute to a District Court within five working days of the determination.