NBN enforceable undertaking11 Sep 2018
On 11 September 2018, the ACCC accepted a court enforceable undertaking from NBN Co to make changes to its wholesale service level commitments to support positive consumer experiences on the NBN.
In the undertaking, NBN Co commits to amend its standard form of access agreement and to offer to amend its current access agreements with telecommunications retail service providers (RSPs) within 3 months.
Key amendments to the service standard commitments include changes to rebates payable under access agreements:
- NBN Co will pay a $25 rebate for every late connection and fault rectification.
- NBN Co will introduce a new $25 rebate for each missed appointment.
- NBN Co will simplify the process for RSPs to receive rebates and remove certain conditions for claiming rebates.
Under the changes to NBN Co’s standard form of access agreement and the changes that will be offered to current access agreements, RSPs must also take reasonable steps to ensure their customers receive a fair value benefit from the wholesale rebates. The benefit may be in a monetary or other form.
NBN Co has also undertaken to expand its reporting of service levels, including on the fixed wireless network:
- NBN Co will report to RSPs about its service level performance sooner.
- NBN Co will provide additional transparency to RSPs and the public on the performance of its fixed wireless network.
NBN Co offered the undertaking after the ACCC gave it an interim access determination it proposed to make. The ACCC commenced an inquiry into NBN wholesale service standards in November 2017 to determine whether NBN wholesale service standard levels are appropriate, and consider whether regulation is necessary to improve consumer experiences. The inquiry is ongoing.
The undertaking can be found on the ACCC public register.