UndertakingsDivision 5 of Part XIC of the Competition and Consumer Act 2010 (CCA), enables access providers, including NBN corporations (such as NBN Co), to voluntarily lodge written Special Access Undertakings with the ACCC. These undertakings specify terms and conditions upon which access providers propose to supply a listed carriage service or a service which facilitates the supply of a listed carriage service. The ACCC must assess Special Access Undertakings in accordance section 152CBD of the CCA. The ACCC must accept or reject the undertaking. The access provider can seek to vary or withdraw Special Access Undertaking that is in force. NBN corporations can lodge a Special Access Undertaking for services that are not yet declared by the ACCC and for which no Access Determination is in place. Other access providers can lodge a Special Access Undertaking for services that are not yet declared Ordinary Access Undertakings are no longer available to carriage service providers under the CCA. |
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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 SAU specifies terms and conditions relating to access to NBN Co's fibre-to-the-premises, broadband, satellite networks and other related services. The 18 December 2012 SAU includes amended non-price terms and some other amendments which NBN Co states “clarify the operation of the SAU.” On 5 December 2011, NBN Co Ltd and NBN Tasmania Ltd lodged an SAU with the ACCC. The SAU was withdrawn on 7 September 2012. This withdrawal was prior to the ACCC making a decision on whether to accept or reject the SAU.
The ACCC final decision is to reject Telstra's ordinary access undertaking relating to matters of pricing for its unconditioned local loop service (ULLS). The undertaking was lodged in March 2008 at the same time as Telstra withdrew its previous ULLS undertaking (dated 21 December 2007). On 30 May 2007 FANOC Pty Limited (FANOC) lodged an SAU with the ACCC under section 152CBA of the Trade Practices Act 1974 (now the Competition and Consumer Act 2010). The SAU relates to the terms and conditions of access to FANOC's prospective fibre-to-the-node Broadband Access Service. On 16 February 2007, Optus lodged an ordinary access undertaking with the ACCC about the mobile terminating access service (MTAS). Foxtel lodged an SAU in relation to the supply of the Digital Set Top Unit Service with the ACCC on 1 December 2006. This was following the ACCC's draft decision to reject its previous undertaking lodged with the ACCC in October 2005. The ACCC accepted the SAU in March 2007. Final decision; submissions in response to draft decision; extension of time letter; ACCC draft decision; submissions in response to discussion paper; ACCC discussion paper; undertakings. ACCC final decision; further submissions received; ACCC draft decision; submissions to discussion paper; ACCC discussion paper; Telstra's undertakings and supporting submissions. ACCC draft decision; correspondence; supplementary submissions; submissions to discussion paper; ACCC discussion paper; Foxtel's SAU, supporting submission and attachments; other documents. On 7 October 2005, Hutchison Telecommunications (Australia) Limited (HTAL) and Hutchison 3G Australia Pty Ltd (H3GA) (together Hutchison) lodged six ordinary access undertakings with the ACCC relating to the mobile terminating access service (MTAS). On 23 December 2004 Optus lodged an ordinary access undertaking with the ACCC about the mobile terminating access service (MTAS). In December 2004 Telstra lodged undertakings proposing monthly, connection and disconnection charges for the unconditioned local loop service (ULLS) and line sharing service (LSS). On 26 November 2004 Vodafone lodged an ordinary access undertaking with the ACCC specifying the terms and conditions it would undertake to meet its standard access obligations to supply the mobile terminating access service (MTAS). In September 2003 Telstra lodged an access undertaking with the ACCC specifying the terms and conditions upon which it undertakes to meet its standard access obligations to supply the line sharing service (LSS). Following the rejection of its previous PSTN undertaking, in October 1999 Telstra submitted a new undertaking. In November 1997 Telstra lodged three undertakings with the ACCC specifying the terms and conditions upon which Telstra proposed to meet its standard access obligations to supply PSTN, GSM (digital mobile) and AMPS (analogue mobile) origination and termination services. Related topics on the ACCC websiteAccess arrangements for NBN Co in Access and pricing |