NBN Co - Special Access Undertaking

On 29 October 2021, NBN Co lodged its submission of regulatory information for 2020-21, in accordance with Schedule 1F of NBN Co’s SAU. The regulatory information submitted by NBN Co will be used by the ACCC to inform its LTRCM determination for 2020-21 and to assess NBN Co’s compliance with the price controls set out in the SAU.

Public versions of NBN Co’s regulatory information documents

On 20 December 2021, the ACCC notified NBN Co of its preliminary view in relation to the capital and operating expenditure amount proposed by NBN Co in its 2020-21 LTRCM proposal under clause 1E.1.2(c)(vii) of the SAU.

The ACCC’s preliminary view is that it does not intend to determine a substitute amount of Capital Expenditure in accordance with clause 1D.3.2(d) of the SAU or a substitute amount of Operating Expenditure in accordance with clause 1E.8.2(c) of the SAU.

On 6 April 2022, the ACCC published its LTRCM draft determination for 2020-21, in accordance with Schedule 1E.1.2 of the SAU.

The ACCC’s draft decision is that the regulatory information submitted by NBN Co under Schedule 1F of the SAU for the 2020-21 financial year satisfies the requirements outlined in the SAU. The ACCC proposes to accept NBN Co’s values for the annual building block revenue requirement, regulatory asset base and the initial cost recovery account. We are also satisfied that NBN Co has complied with the relevant price controls in the SAU.

The ACCC welcomes submissions from interested parties on the LTRCM draft determination, which also sets out our proposed approach to correct a typographical error in last year's LTRCM determination.

Submissions were due by 5 pm on 13 May 2022.

On 22 June 2022, the ACCC published its final determination on NBN Co’s LTRCM and decision on price compliance for 2020-21.

The ACCC has accepted NBN Co’s proposed values (and the inputs to these values) for the Annual Building Block Revenue Requirement (ABBRR), Regulatory Asset Base (RAB) and Initial Cost Recovery Account (ICRA) in accordance with clause 1E.1.2 of NBN Co’s Special Access Undertaking (SAU).

The ACCC is also satisfied that NBN Co’s prices for 2020-21 did not exceed the maximum regulated prices as set out in the SAU.

As noted in the draft decision, and consistent with the relevant provisions in the SAU, the ACCC has also corrected a typographical error in the 2019-20 LTRCM final determination as part of this LTRCM consultation process. The correction, and reasons for the ACCC’s decision, are set out in section 3 of the 2020-21 LTRCM final determination.