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.
NBN Co had sought 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, and rules for how the ACCC assesses network expenditure.
On 22 July 2022, the Minister for Communications wrote to the ACCC setting out the Government’s views about the NBN Co SAU variation process.
On 27 July 2022, NBN Co wrote to the ACCC providing notice that it withdraws the SAU variation.
On the 18th and 19th of August 2022 the ACCC held an industry forum to discuss the NBN regulatory framework to apply under a varied SAU following the withdrawal by NBN Co of its SAU variation. The forum also discussed interim arrangements that might be necessary in the lead up to such a framework coming into effect.
On 29 November 2022, NBN Co lodged a revised SAU variation with the ACCC.