On 14 March 2007, the ACCC accepted a special access undertaking lodged by FOXTEL Management Pty Ltd and FOXTEL Cable Television Pty Ltd (together ‘Foxtel’) , pursuant to s.152CBC(2) of the TPA.
Under s.152CBA of the TPA, a special access undertaking can be lodged by a person who is, or expects to be, a carrier or a carriage service provider, as long as the service is not an active declared service.
Where a person has given the ACCC a special access undertaking and the undertaking is in operation, the service supplied by the person is deemed to be a declared service under s.152AL(7) of the Act. However, the ACCC may still declare a service under s.152AL even if the service is, to any extent, covered by a special access undertaking. Therefore, the declaration applies only to the provision of the service by Foxtel as specified in its special access undertaking.
The special access undertaking specifies the terms and conditions upon which Foxtel undertakes to supply what it terms the Digital Set Top Unit Service. The Digital Set Top Unit Service is defined in Appendix 1 to the special access undertaking
The special access undertaking expires 8 years after it is accepted by the ACCC, on 14 March 2015.