On 5 December 2011, NBN Co Ltd and NBN Tasmania Ltd (NBN Co) lodged a special access undertaking (SAU) with the ACCC. The SAU specified price and non-price terms and conditions relating to access to NBN Co’s fibre, fixed wireless and satellite networks and other related services.
The ACCC was required to assess the SAU against the statutory criteria in section 152CBD of the Competition and Consumer Act 2010.
The ACCC issued two consultation papers on the December 2011 SAU, the first on 20 December 2011 and the second on 10 February 2012. The ACCC also conducted two multilateral industry forums, in May 2012 and July 2012 respectively.
In June 2012, NBN Co informed the ACCC that it intended to submit a revised SAU. The ACCC subsequently suspended its assessment of the December 2011 SAU, in the expectation that NBN Co would shortly lodge a revised SAU.
On 7 September 2012, NBN Co withdrew the December 2011 SAU.