Foxtel special access undertaking for the Digital Set Top Unit Service (December 2006)
FOXTEL Management Pty Ltd and FOXTEL Cable Television Pty Ltd (together ‘Foxtel’) lodged a special access undertaking (‘the Undertaking’) pursuant to s.152CBA, Division 5, Part XIC of the Trade Practices Act 1974 (‘the Act’) with the ACCC on 1 December 2006. The Undertaking specifies the terms and conditions upon which Foxtel undertakes to supply what it terms the 'Digital Set Top Unit Service'.
Foxtel had previously lodged a special access undertaking in relation to the Digital Set Top Unit Service on 6 October 2005 (the ‘October 2005 Undertaking’). The ACCC issued its draft decision (‘Draft Decision’) to reject the October 2005 Undertaking on 1 September 2006. On 1 December 2006, prior to the ACCC making a final decision on the October 2005 Undertaking, Foxtel withdrew its application and submitted a revised special access undertaking.
Foxtel's revised application consists of:
a covering letter dated 1 December 2006 in relation to a new special access undertaking being lodged by FOXTEL
FOXTEL's Special Access Undertaking dated 1 December 2006 with appendixes 1–3
a comparison of FOXTEL's Special Access Undertaking of 1 December 2006 with FOXTEL's previous Special Access Undertaking of 6 October 2005
a signed version of FOXTEL's Special Access Undertaking
FOXTEL's submission in support of its special access undertaking [Appendix B is confidential]
A report of CRA International [confidential]
A statement of Michelle Kvello and
MK1 to the statement of Michelle Kvello [confidential].
Redacted versions of Foxtel's confidential materials are available below.
Parties wishing to obtain the confidential versions of Foxtel's supporting materials should:
execute the proforma confidentiality undertaking attached below
contact Jacqueline Downes of Allens Arthur Robinson on tel: (02) 9230 4850; fax: (02) 9230 5333; email: jacqueline.downes@aar.com.au.
Foxtel is proposing that disclosure be limited to external legal advisers and independent experts retained by third parties.
Foxtel will consider requests and within three business days of receipt of the executed confidentiality undertaking will either not accept the undertaking or will provide the confidential versions of the attachments.
Foxtel's application also relies on the submissions, expert reports, answers to information requests and other evidence provided by Foxtel to the Commission in respect of the October 2005 Undertaking. These materials are listed in the appendix to Foxtel’s Submission and are available on the Foxtel October 2005 Undertaking page on the ACCC's website, with parties wishing to obtain confidential versions of these materials needing to follow the processes specified.
The ACCC released a discussion paper on Foxtel's special access undertaking on December 2005. Submissions from interested parties on the undertaking were sought on or before 5 February 2007.
On 14 March 2007, the ACCC accepted Foxtel's special access undertaking. The public version of the decision document is available below.
