On 14 August 2023, NBN Co lodged a variation to its Special Access Undertaking (SAU) with the ACCC.
NBN Co is seeking to vary the SAU to incorporate fibre-to-the-node and other copper-based technologies to create a single regulatory framework for all technologies. The SAU variation also included significant changes to other key elements of the SAU, including product and pricing commitments, the framework for NBN Co’s cost recovery, rules for how the ACCC assesses network expenditure, and the service standards framework.
NBN Co’s proposed SAU variation follows a previous SAU variation, which NBN Co submitted in November 2022 and has now withdrawn. It also follows a proposed variation by NBN Co in March 2022 and an extensive industry consultation process in 2021 to consider the future regulatory framework for the NBN.
The ACCC released a consultation paper on the SAU variation on 23 August 2023. The consultation period for the SAU variation ended on 13 September 2023. Submissions to the consultation paper were published on 19 September 2023.
On 17 October 2023 the ACCC released its final decision to accept NBN Co’s proposed variation to its SAU. Further details and background information about the ACCC’s final decision are available in the media release: New NBN regulation will promote competition and long-term interests of Australians