On 18 December 2012 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 must accept or reject the SAU based on the statutory criteria for accepting an SAU set out in section 152CBD of the Competition and Consumer Act 2010 (the Act).
Under section 152CBDA of the Act, the ACCC may also give NBN Co a notice specifying variations to its SAU. If NBN Co makes the variations during the specified time period, the ACCC must consider the varied undertaking as if it had been given instead of the original SAU.
On 4 April 2013, the ACCC released a draft decision on the SAU. The ACCC's preliminary view was that it was not satisfied that the SAU met the statutory criteria for acceptance. The ACCC concurrently released a consultation paper seeking views on proposed variations to the SAU. On 4 July 2013, the ACCC released a draft notice specifying variations to the SAU for consultation.
On 8 October 2013, the ACCC issued NBN Co with a formal notice specifying variations to the December 2012 SAU. This notice was given to enable NBN Co to lodge a varied SAU that meets the statutory criteria for acceptance.
On 19 November 2013, NBN Co lodged a varied SAU in response to the ACCC’s notice to vary. For more information see: NBN Co - special access undertaking 2013
The ACCC’s final decision on the SAU will be available at the November 2013 webpage.
NBN Co previously submitted an SAU on 28 September 2012, which was subsequently withdrawn by NBN Co and re-lodged on 18 December 2012. The re-lodged SAU contained minor variations to non-price terms and conditions which NBN Co stated “clarify the operation of the SAU”.