NBN Co - special access undertaking 2012

On 26 October 2012 the ACCC wrote to NBN Co requesting clarification about particular matters in the SAU. NBN Co responded to this request on 1 November 2012.

On 29 January 2013 the ACCC sought additional information relating to NBN Co's forecasts of expenditure, revenues, prices and demand for each year of the SAU term. NBN Co responded on 15 February 2013.

On 15 March 2013 the ACCC sought further information relating to assumptions made by NBN Co about how changes in its prices will affect demand, and the approach used by NBN Co to determine forecasts of its capital expenditure. NBN Co responded on 20 March 2013.

NBN Co provided the following confidential material to the ACCC:

• Report by Analysys Mason on the efficiency and prudency of NBN Co's fibre, wireless and satellite network design, 26 September 2012

• Response to ACCC information request on 15 February 2013 — Attachment A

NBN Co established confidentiality arrangements to facilitate sharing of confidential information contained in the materials it provided to the ACCC. NBN Co indicated that it will assess each request for access to its commercially confidential material on a case-by-case basis.

To obtain the confidential versions of NBN Co’s materials contact:

Tony Neilson
Senior Regulatory Advisor
NBN Co Limited
+61 3 8662 8154
tonyneilson@nbnco.com.au

On 16 November 2012, the ACCC received a letter from Optus requesting that a confidentiality regime be established between NBN Co and interested parties to enable access to NBN Co’s underlying financial data and other modelling. On 14 January 2013, the ACCC was copied into NBN Co’s response to Optus.

To obtain the confidential version of Optus' letter contact:

Andrew Sheridan
Head of Interconnect and Economic Regulation
Singtel Optus Pty Ltd
+61 2 8082 8437
Andrew.Sheridan@optus.com.au

The ACCC must make a decision to accept or reject an SAU within six months of the receipt of the SAU, subject to its ability to extend this period. If the ACCC does not make a decision within the statutory time period, it is deemed to have accepted the SAU.

The ACCC may extend, or further extend, the decision-making period by giving written notice to NBN Co under subsection 152CBC(7) of the Act. The time limit is also extended by any periods during which the ACCC is waiting for NBN Co to respond to an information request or a notice to vary, or during periods of public consultation.

On 4 July 2013, the ACCC extended the statutory timeframe for making a final decision on the SAU by three months due to the volume and nature of submissions received in response to the draft decision and the consultation paper on the notice to vary the SAU. The extension enabled the ACCC to consult on a draft variation notice and consider submissions.

On 8 October 2013, the ACCC further extended the statutory timeframe for making a final decision on the SAU by three months due to the volume and nature of submissions received in response to draft notice to vary. The extension is to provide sufficient time for NBN Co to prepare a varied undertaking and for the ACCC to consider and consult on the varied undertaking.