Consultation paper13 Jan 2023

On 13 January 2023, the ACCC published a consultation paper on NBN Co’s proposed Special Access Undertaking (SAU) variation to guide interested parties in preparing their submissions.

Submissions to the consultation paper closed on 17 February 2023.

The ACCC expects to release a draft decision on the SAU variation in April 2023. NBN Co has indicated in its submission that it is considering possible changes to its variation proposal. If NBN Co decides to submit any revised SAU variation proposal, the ACCC will advise of any updated timelines. For further information see ACCC publishes submissions on proposed variation to future NBN regulation.

Confidential information

Optus, Telstra and TPG have provided public and confidential versions of their submissions.

The ACCC has not yet assessed the confidentiality claims of Optus, Telstra and TPG. We will write to these parties to request information in support of their confidentiality claims, consistent with the approach outlined in the ACCC’s consultation paper.

The ACCC has published the public versions of these submissions as a practical measure to ensure as much information as possible is made publicly available at this time. This is not indicative of any position the ACCC may reach on the confidentiality claims.

The ACCC will consider the submissions from Optus, Telstra and TPG in support of their confidentiality claims and work with these parties on this matter. At this stage, it is not proposed that information the subject of a confidentiality claim will be made available to third parties through limited individual non-disclosure agreements.