What we do in regulating NBN services
Access to services
We regulate the NBN wholesale access service. This service is used by retail and other service providers to deliver broadband services to consumers.
We have a role in determining the terms and conditions of access to the NBN.
We can do this through:
- a special access undertaking submitted by NBN Co, or
- our direct regulatory intervention using a binding rule of conduct or an access determination.
In 2013, we accepted a special access undertaking from NBN Co. It expires in 2040.
Non-discrimination obligations
When they supply certain services or carry out related activities, network access providers are not allowed to discriminate:
- in favour of themselves, or
- between access seekers.
We publish and maintain explanatory material about these non-discrimination obligations that apply to NBN Co and other network operators.
See the Telecommunications non-discrimination guidelines.
NBN points of interconnect
We have been involved in determining and reviewing the locations of the NBN points of interconnect. A point of interconnect allows retail services and wholesale service providers to connect to the NBN.
The legal basis of our functions
Our functions are through Part XIC of the Competition and Consumer Act 2010.
Under NBN Co’s Special Access Undertaking, NBN Co must lodge a replacement module application covering the regulatory cycle after 2026.
This project page will contain NBN Co's Cost Allocation Manual and supporting documents submitted on 16 November 2023, along with the ACCC's consultation paper and final decision.
On 17 October 2023 the ACCC released its final decision to accept NBN Co’s proposed variation to its SAU submitted on 14 August 2023.
On 29 November 2022, NBN Co lodged a variation to its Special Access Undertaking (SAU) with the ACCC.
The ACCC proposes to publish a NBN Wholesale Market Indicators report which would provide, on a quarterly basis, visibility over the development of the wholesale market for NBN access services.
On 29 March 2022, NBN Co lodged a variation to its Special Access Undertaking (SAU) with the ACCC. NBN Co's proposed SAU variation followed an extensive industry consultation process hosted by the ACCC during the second half of 2021 to consider the future regulatory framework for the NBN.
On 18 June 2021, the ACCC hosted an industry roundtable to commence a process to consider the regulatory framework for the NBN.
The Government has enacted the Regional Broadband Scheme (RBS) to fund the loss making components of the NBN (i.e. fixed wireless and satellite services) through a levy on fixed line infrastructure providers.
On 14 October 2019, the ACCC commenced a public inquiry into the prices that NBN Co charges access seekers to use the National Broadband Network (NBN) for supplying residential grade broadband services. The ACCC is considering whether regulatory intervention is necessary in respect of these access products, particularly basic speed access products.
On 8 May 2019, NBN Co lodged a proposed variation to its Special Access Undertaking (SAU) with the ACCC. The Competition and Consumer Act 2010 (CCA) allows NBN Co to give the ACCC a variation to an SAU already in operation. The ACCC accepted NBN Co’s current SAU on 13 December 2013, following an extensive consultation process.
On 2 November 2017, the ACCC commenced a public inquiry to determine whether NBN wholesale service standard levels are appropriate, and consider whether regulation is necessary to improve consumer experiences.
Non-discrimination provisions were introduced into Part XIC of the Competition and Consumer Act 2010 (Cth) (CCA) as part of the National Broadband Network (NBN) reforms.
On 22 June 2017, NBN Co formally withdrew its original SAU variation lodged with the ACCC on 27 May 2016. NBN Co simultaneously lodged a new proposed variation to its SAU (revised SAU variation).
On 27 May 2016, NBN Co lodged a proposed variation to its Special Access Undertaking (SAU) with the ACCC. The Competition and Consumer Act 2010 (CCA) allows NBN Co to give the ACCC a variation to an SAU already in operation. The ACCC accepted NBN Co’s current SAU on 13 December 2013, following an extensive consultation process.
The ACCC is consulting on what information NBN Co should disclose about the rollout of its network.
On 19 November 2013, NBN Co Ltd lodged a varied special access undertaking (SAU) with the ACCC.
The ACCC is now considering the SAU under the criteria set out in section 152CBD of the Competition and Consumer Act 2010 (CCA).
On Friday 7 September 2012, NBN Co withdrew the Special Access Undertaking (SAU) that it lodged with the ACCC late last year (original SAU).
On 13 December 2013 the ACCC accepted NBN Co's Special Access Undertaking (SAU). The SAU commenced on 13 December 2013 and will expire in 2040.
In 2010, the Australian government asked the ACCC and NBN Co to publicly consult and agree the number and location of initial points of interconnection to the National Broadband Network that will best meet the long-term interests of end-users.
ACCC reports to the next generation networks discussions.