G9/FANOC FTTN Special Access Undertaking (May 2007)

The Trade Practices Act 1974 (TPA) was renamed the Competition and Consumer Act 2010 (CCA) in January 2011. References below to the TPA should be read as the CCA where appropriate.

G9/FANOC FTTN Special Access Undertaking (May 2007) - withdrawn

On 30 May 2007 FANOC Pty Limited (FANOC) lodged a Special Access Undertaking with the ACCC under section 152CBA of the Trade Practices Act 1974 (TPA). FANOC is a company formed by the G9 Consortium of telecommunications companies. The Special Access Undertaking relates to the terms and conditions of access to FANOC's prospective fibre-to-the-node Broadband Access Service.

FANOC's application consists of:

• a covering letter dated 30 May 2007 in relation to a Special Access Undertaking being lodged by FANOC
• FANOC's Special Access Undertaking dated 30 May 2007 with schedules 1–3
• FANOC's submission in support of its Special Access Undertaking with schedules 3 - 5 provided separately below:
• Schedule 3 - Initial BAS Pricing Calculation [confidential]
• Schedule 4 - NERA Paper: Economic Properties of the FANOC SAU
• Schedule 5 - Request to Government for legislative change to facilitate the connection of FANOC nodes to Telstra pillars.

Redacted versions of FANOC's confidential materials are available below.

Parties wishing to obtain the confidential versions of FANOC's supporting materials should contact:

The ACCC released a discussion paper on FANOC's Special Access Undertaking on 21 June 2007 (available below). The deadline for submissions in response to this discussion paper passed on 31 August 2007 (a three week extension to the original time limit). By this date the ACCC had received 3 submissions. These are available below. Telstra lodged a further submission on 7 December 2007, which is also available below.

The ACCC issued a request for further information on FANOC's Special Access Undertaking under section 152CBB of the TPA on 26 September 2007. The ACCC's request is available below. On 20 November 2007, FANOC provided a response to the ACCC’s request. FANOC has agreed to make its response publicly available. The response is available below.

The ACCC issued a draft decision on FANOC’s Special Access Undertaking on 17 December 2007 and sought submissions from interested parties by 4 February 2008. One submission was received from Telstra and is available below.

On 10 March 2008, FANOC formally advised that it was withdrawing the Special Access Undertaking. As the Special Access Undertaking has now been formally withdrawn, the ACCC will not proceed to a final decision on the terms and conditions proposed in the undertaking.

In its letter to the ACCC withdrawing the Special Access Undertaking, FANOC advised that it intends to lodge a replacement Special Access Undertaking that addresses the issues raised by the ACCC in its draft decision.