On 29 March 2022, NBN Co lodged a variation to its Special Access Undertaking (SAU) with the ACCC and various supporting materials.
The proposed SAU variation and public versions of the supporting materials are available below.
Documents lodged by NBN Co
Public versions of NBN Co's submitted documents are below.
NBN Co has provided public versions of its supporting materials with limited redactions. The ACCC has worked closely with NBN Co to ensure that as much information can be disclosed as possible to ensure a robust and transparent process and to ensure the ACCC can perform its statutory function of assessing the SAU variation in accordance with the relevant statutory criteria.
At this stage, it is not proposed that redacted information will be made available to third parties through limited individual non-disclosure agreements. However, the ACCC will continue to assess what information is required to be publicly consulted on for the performance of its statutory functions.
The ACCC notes that forecasts provided by NBN Co are provided solely for the purpose of helping the ACCC assess NBN Co’s Replacement Module Application for the First Regulatory Cycle. They should not be relied upon for any purpose not related to this regulatory process.
Forecasts in the SAU variation and supporting submission reflect NBN Co’s views and assumptions based on its most recent Integrated Operating Plan (as at August 2021), which included a considered assessment of economic and operating conditions at the time they were made.
These forecasts are inherently uncertain and subject to a range of risks such that actual performance may differ materially from the forecasts expressed in these documents.
NBN Co has also provided a confidential version of its building block model to the ACCC. NBN Co indicated that some of the disaggregated data in the model is ‘confidential of particular sensitivity’ and as such, won't be made available to other parties, including under confidentiality arrangements. The ACCC asked NBN Co to prepare a public version of its building block model.
On 21 June NBN Co provided a public version of its building block model and an accompanying building block model handbook.
On 13 July NBN Co provided a revised public version of its building block model. The revised model corrects a number of errors and provides some additional functionality to allow stakeholders to more easily review the model.
Further information sought from NBN Co
On 27 April 2022 the ACCC wrote to NBN Co setting out its proposed approach to confidentiality regarding the SAU variation supporting submission and other materials.
On 28 April 2022 the ACCC issued a formal information request to NBN Co seeking substantiation of confidentiality claims and for further information regarding NBN Co’s proposed cost of capital.
|Document title||Published date|
|Letter to NBN Co 27 April ( PDF 1.08 MB )||23 May 2022|
|Letter to NBN Co 28 April ( PDF 140.73 KB )||23 May 2022|