- We regulate the wholesale National Broadband Network (NBN) service.
- This service is used by retail service providers to provide broadband services to consumers.
What the ACCC does
- We determine the terms and conditions of access to services provided over the NBN. We can do this through a special access undertaking submitted by NBN Co or through our direct regulatory intervention using a binding rule of conduct or an access determination.
- We publish explanatory material about the non-discrimination obligations that apply to NBN Co.
- We have been involved in determining and reviewing the locations of the NBN points of interconnect.
What the ACCC can't do
- We don’t control the retail prices consumers pay to access the NBN.
What we do in regulating NBN services
Access to services
We regulate the NBN wholesale access service. This service is used by retail and other service providers to deliver broadband services to consumers.
We have a role in determining the terms and conditions of access to the NBN.
We can do this through:
- a special access undertaking submitted by NBN Co, or
- our direct regulatory intervention using a binding rule of conduct or an access determination.
In 2013, we accepted a special access undertaking from NBN Co. It expires in 2040.
Non-discrimination obligations
When they supply certain services or carry out related activities, network access providers are not allowed to discriminate:
- in favour of themselves, or
- between access seekers.
We publish and maintain explanatory material about these non-discrimination obligations that apply to NBN Co and other network operators.
See the Telecommunications non-discrimination guidelines.
NBN points of interconnect
We have been involved in determining and reviewing the locations of the NBN points of interconnect. A point of interconnect allows retail services and wholesale service providers to connect to the NBN.
The legal basis of our functions
Our functions are through Part XIC of the Competition and Consumer Act 2010.
NBN access undertakings and other projects
See a complete list of telecommunications and internet projects.
| Title | Industry | Type | Status |
|---|---|---|---|
| NBN Co SAU variation (November 2022) | Communications | Undertaking variation |
Application received
|
On 29 November 2022, NBN Co lodged a variation to its Special Access Undertaking (SAU) with the ACCC. |
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| NBN Wholesale Market Indicators Report | Communications | Policy development |
Ongoing
15 December 2022 |
The ACCC proposes to publish a NBN Wholesale Market Indicators report which would provide, on a quarterly basis, visibility over the development of the wholesale market for NBN access services. |
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| NBN Co SAU variation (March 2022) | Communications | Undertaking variation |
Finalised
30 November 2022 |
On 29 March 2022, NBN Co lodged a variation to its Special Access Undertaking (SAU) with the ACCC. NBN Co's proposed SAU variation followed an extensive industry consultation process hosted by the ACCC during the second half of 2021 to consider the future regulatory framework for the NBN. |
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| NBN Co - Special Access Undertaking | Communications | Monitoring |
Finalised
27 April 2021 |
On 13 December 2013 the ACCC accepted NBN Co's Special Access Undertaking (SAU). The SAU commenced on 13 December 2013 and will expire in 2040. |
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| Non-discrimination under Part XIC of the CCA and Part 8 of the Telecommunications Act | Communications | Guideline |
Ongoing
18 May 2021 |
Non-discrimination provisions were introduced into Part XIC of the Competition and Consumer Act 2010 (Cth) (CCA) as part of the National Broadband Network (NBN) reforms. |
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| Review of NBN regulatory framework | Communications | Undertaking variation |
Ongoing
|
On 18 June 2021, the ACCC hosted an industry roundtable to commence a process to consider the regulatory framework for the NBN. |
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| Inquiry into NBN access pricing | Communications | Inquiry |
Finalised
4 November 2020 |
On 14 October 2019, the ACCC commenced a public inquiry into the prices that NBN Co charges access seekers to use the National Broadband Network (NBN) for supplying residential grade broadband services. The ACCC is considering whether regulatory intervention is necessary in respect of these access products, particularly basic speed access products. |
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| NBN Co SAU variation: extension to non-price terms | Communications | Access undertaking |
Finalised
|
On 8 May 2019, 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. |
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| NBN wholesale service standards inquiry | Communications | Inquiry |
Finalised
4 November 2020 |
On 2 November 2017, the ACCC commenced a public inquiry to determine whether NBN wholesale service standard levels are appropriate, and consider whether regulation is necessary to improve consumer experiences. |
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| Regional Broadband Scheme Levy report | Communications | Policy development |
Ongoing
21 October 2020 |
The Government has enacted the Regional Broadband Scheme (RBS) to fund the loss making components of the NBN (i.e. fixed wireless and satellite services) through a levy on fixed line infrastructure providers. |
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| NBN Co SAU variation 2017 | Communications | Access undertaking |
Finalised
|
On 22 June 2017, NBN Co formally withdrew its original SAU variation lodged with the ACCC on 27 May 2016. NBN Co simultaneously lodged a new proposed variation to its SAU (revised SAU variation). On 2 August 2017, the ACCC released a consultation paper on the revised SAU variation. On 25 January 2018, the ACCC extended its decision making period in respect of NBN Co’s proposed SAU variation. |
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| NBN Co SAU variation | Communications | Undertaking variation |
Finalised
April 2017 |
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. |
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| Information disclosure by NBN Co | Communications | Policy development |
Finalised
30 June 2015 |
The ACCC is consulting on what information NBN Co should disclose about the rollout of its network. |
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| ACCC past involvement in next generation networks | Communications | Policy advice |
Finalised
|
ACCC reports to the next generation networks discussions. |
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