Draft decision2 May 2023

On 2 May 2023, the ACCC released a draft decision to reject NBN Co’s proposed variation to its Special Access Undertaking (SAU).

The draft decision provides draft reasons and findings supporting the draft decision to reject the proposed SAU variation NBN Co submitted on 29 November 2022. The draft decision also discusses and provides preliminary views on further changes NBN Co would be willing to make in a revised SAU variation proposal, should the ACCC reject the current SAU variation. These further changes are set out in a letter NBN Co sent to the ACCC on 24 March 2023.

The ACCC has also released expert reports by Sapere Research Group on revenue required for investment grade credit rating and Grex Consulting on NBN Co’s forecast expenditure for the first regulatory cycle.

Submissions to the draft decision closed on 30 May 2023.

On 19 May 2023, NBN Co published its indicative pricing roadmap for the period from 2023-24 to 2025-26. On 24 May 2023, NBN Co released the weighted average price cap (WAPC) models supporting the initial pricing roadmap. These documents are available on NBN Co’s website and below. 

On 23 May 2023, NBN Co provided targeted submissions on network-network interface (NNI) pricing and service quality.

On 2 June 2023, NBN Co provided further targeted submissions on cost certainty for the 50 Mbps product, treatment of grant funding, the entry level offer, and the low income forum. These submissions outline further amendments NBN Co is proposing to make to its SAU variation proposal. The ACCC welcomes stakeholder feedback on NBN Co’s further targeted submissions, including parties that have already made submissions to the ACCC’s draft decision. The ACCC is seeking submissions on the further material provided by NBN Co by 16 June 2023.

The ACCC will advise of updated timelines once NBN Co’s intentions regarding further changes to its SAU variation proposal becomes clear. For further information see ACCC rejects NBN Co Special Access Undertaking variation.

Confidential information

We have published a version of the draft report prepared by Grex Consulting with limited redactions to Part C of the draft report.  These redactions have been made following claims of confidentiality by NBN Co. 

At this stage, it is not proposed that redacted information will be made available to third parties through limited individual non-disclosure agreements. However, the ACCC will continue to assess what information is required to be publicly consulted on to ensure a robust and transparent process and to ensure the ACCC can perform its statutory functions of assessing the variation.


Arrangements from 1 July 2023 under the current SAU

On 29 June 2023, the ACCC wrote to NBN Co advising that it did not intend to make a replacement module determination under the Special Access Undertaking at this time but reserved its right to do so in the future, noting that NBN Co continues to engage constructively with the ACCC and stakeholders to establish suitable arrangements for this regulatory period through a variation to the SAU.

Stakeholder meeting on pricing options that NBN Co is considering for inclusion in an SAU variation

On 4 July 2023, NBN Co provided a further submission which outlines the pricing options that it is considering for inclusion in an SAU variation proposal.

On 14 July 2023, the ACCC held an online forum to discuss NBN Co’s revised pricing proposal. The forum was attended by representatives of NBN Co, its access seekers, and industry, consumer, and government bodies. On 9 August 2023 the ACCC published the public summary of discussion, which is available below.

Submissions to the modified pricing options closed 21 July 2023.