NBN Co SAU Variation
On 27 May 2016, NBN Co lodged a proposed variation to its Special Access Undertaking (SAU) with the ACCC. The Competition and Consumer Act 2010 (CCA) allows NBN Co to give the ACCC a variation to an SAU already in operation. The ACCC accepted NBN Co’s current SAU on 13 December 2013, following an extensive consultation process.
The main purpose of NBN Co’s SAU variation is to update the SAU to incorporate additional technologies (fibre-to-the-node, fibre-to-the-basement and hybrid fibre-coaxial) into the SAU. The SAU does not currently reflect these technologies.
The ACCC must assess the SAU variation against the criteria outlined in section 152CBD(2) of the CCA. Based on this assessment, the ACCC must make a decision to either accept or reject the SAU variation.
The ACCC published a consultation paper on 20 July 2016 and is inviting submissions from interested parties on the SAU variation. Submissions are due by 26 August 2016.