ACCC deliberates on NBN Co's varied Special Access Undertaking

NBN Co has submitted a varied Special Access Undertaking (SAU) to the Australian Competition and Consumer Commission (ACCC).

If the ACCC accepts the SAU, it will form a key part of the regulatory framework governing the price and other terms by which NBN Co supplies services over its fibre, wireless and satellite networks to telecommunications companies. The framework will remain in place until 2040.

NBN Co submitted this varied SAU following a written notice from the ACCC that set out a number of required variations to the SAU lodged by NBN Co in December 2012. NBN Co was given until 19 November 2013 to respond to the ACCC’s notice. The varied SAU incorporates the changes requested by the ACCC in its notice to vary.

The ACCC has consulted extensively with NBN Co and interested parties on a range of proposed variations to the undertaking following its April 2013 draft decision that the December 2012 SAU did not meet the relevant statutory criteria for acceptance.

“The submission of a varied SAU is the final stage in the ACCC’s assessment of NBN Co’s undertaking. Following consultation, the ACCC will issue its final decision on the varied SAU. If accepted, the SAU will provide a significant degree of regulatory certainty that access seekers are requesting before they enter into longer-term commercial contracts with NBN Co,” ACCC Chairman Rod Sims said.

Given the extensive consultations that have already occurred on the SAU, the ACCC will now conduct a very brief period of consultation on the varied SAU, as required under legislation.

The ACCC says it intends to make a final decision on the SAU before the end of the year.

Interested parties are invited to lodge submissions by 28 November 2013. More information about the SAU is available here.