Foxtel Management Pty Ltd and Foxtel Cable Television Pty Ltd (Foxtel) lodged a special access undertaking (SAU) pursuant to section 152CBA, Division 5, Part XIC of the Trade Practices Act 1974, now Competition and Consumer Act 2010 (the Act) with the ACCC on 1 December 2006. The SAU specifies the terms and conditions upon which Foxtel undertakes to supply what it terms the digital set top unit service.
On 14 March 2007 the ACCC accepted Foxtel's SAU.
Foxtel had previously lodged a special access undertaking in relation to the digital set top unit service on 6 October 2005 (the October 2005 undertaking). The ACCC issued its draft decision to reject the October 2005 undertaking on 1 September 2006. On 1 December 2006, prior to the ACCC making a final decision on the October 2005 undertaking, Foxtel withdrew its application and submitted a revised special access undertaking.