On 13 December 2013, the ACCC accepted a special access undertaking lodged by NBN Co Limited, pursuant to subs. 152CBC(2) of the Competition and Consumer Act 2010 (CCA).
Under subs. 152CBA(1)(b) of the CCA, a special access undertaking can be lodged by an NBN corporation for a listed carriage service, as long as the service has not been declared by the ACCC under subs. 152AL(8A) and there is no access determination for the service.
Where an NBN corporation 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 subs. 152AL(8E) of the Act. The declaration applies only to the provision of the services by NBN Co as specified in its special access undertaking.
The special access undertaking specifies the terms and conditions upon which NBN Co undertakes to supply what it terms the NBN Access Service, Ancillary Services and, to the extent required for interconnection of these services, the Facilities Access Service. These services are defined in Attachments A and B to Module 0 of the special access undertaking.
The special access undertaking expires on 30 June 2040.