On 30 November 2011, NBN Co published on its website a Wholesale Broadband Agreement (WBA) as a Standard Form of Access Agreement. This has the effect of declaring the services to which the WBA relates.
NBN Co Special Access Undertaking (December 2012)
On 18 December 2012, NBN Co Ltd and NBN Tasmania Ltd withdrew the Special Access Undertaking (SAU) it lodged on 28 September 2012 and re-lodged a revised SAU with the ACCC. The ACCC is now considering the revised SAU under the criteria set out in section 152CBD of the Competition and Consumer Act 2010. If accepted, the SAU will form part of the regulatory framework for access to the National Broadband Network.
Further information about the NBN Co SAU is available here:
The following correspondence preceded NBN Co’s lodgement of its original SAU on 5 December 2011.
On 11 November 2011 the ACCC provided the following letter to a number of access seekers. The letter expresses the ACCC's view that, whilst recognising the desirability of commercially agreed outcomes wherever possible, it continues to be of importance that access seekers have the opportunity to seek regulatory recourse in the absence of such agreement, and particularly prior to entering into long-term Access Agreements. The ACCC also noted that a commitment that has been offered by NBN Co to reduce the term of the WBA to 12 months mitigated its immediate concerns in this respect.
This letter was in response to the following correspondence received by the ACCC on 28 October 2011 from a number of access seekers in relation to their concerns about the arrangements under the SAU and WBA.
Prior to this correspondence, on 30 September 2011 the ACCC issued a media release about its role in the regulation of the NBN. This was in response to NBN Co seeking further comments on a revised draft of its WBA, following concerns being raised by the ACCC over access to NBN Co services for third parties.
