On 6 October 2005 Foxtel Management Pty Ltd and Foxtel Cable Television Pty Ltd (together, Foxtel) lodged a special access undertaking (SAU) with the ACCC under section 152CBA of the Trade Practices Act 1974, now Competition and Consumer Act 2010 (the Act). The SAU relates to the terms and conditions of access to Foxtel’s digital set top unit service.
The ACCC released a discussion paper on Foxtel's SAU on 10 November 2005. Submissions on the undertaking were due by 14 February 2006.
The ACCC released a draft decision on the SAU on 1 September 2006. Submissions in response to the draft decision due by 25 September 2006. On 1 December 2006, prior to the ACCC making a final decision, Foxtel withdrew its application and submitted a revised SAU.
The ACCC is required to make a decision to accept or reject an undertaking six months after the undertaking is received. This date will be extended by:
- the consultation period specified by the ACCC
- the time taken to respond to a request made by the ACCC under s. 152CBB for information
- the ACCC extending the time under s. 152CBC(7).