The Australian Competition and Consumer Commission has received a new Special Access Undertaking (SAU) from NBN Co. The new SAU replaces the SAU lodged by NBN Co in late 2011 and withdrawn on 7 September 2012.  

The ACCC will now assess the undertaking in accordance with the requirements of the Competition and Consumer Act 2010. As part of this assessment, the ACCC intends to consult with stakeholders and industry by releasing a consultation paper in early November 2012, as well as hosting an industry forum.

Interested parties will have until January 2013 to lodge submissions, and the ACCC hopes to release a draft decision on the SAU by March 2013.

The ACCC is aware that current contracts between NBN Co and retailers expire around the end of November. The ACCC expects that parties will be able to agree to arrangements for the continuing supply of NBN Co’s services until such time as the ACCC is able to conclude its assessment of the new undertaking.

The SAU, a summary of the SAU and supporting submissions are available on the NBN Co website.

If accepted, the SAU will form part of the regulatory framework for access to services provided over NBN Co's fibre, wireless and satellite networks until June 2040.