On 29 November 2022, NBN Co lodged a variation to its Special Access Undertaking (SAU) with the ACCC.
NBN Co is seeking to vary the SAU to incorporate fibre-to-the-node and other copper-based technologies to create a single regulatory framework for all technologies. The SAU variation also included significant changes to other key elements of the SAU, including product and pricing commitments, the framework for NBN Co’s cost recovery, rules for how the ACCC assesses network expenditure, and the service standards framework.
NBN Co’s proposed SAU variation follows a previous SAU variation, which NBN Co submitted in March and subsequently withdrew, and an extensive industry consultation process in 2021 to consider the future regulatory framework for the NBN.
The ACCC released a consultation paper on the SAU variation on 13 January 2023. The consultation period for the SAU variation ended on 17 February 2023.
The ACCC expects to release a draft decision on the SAU variation in April 2023. The ACCC will advise of updated timelines once NBN Co’s intentions regarding further changes to its SAU variation proposal becomes clear. For further information see ACCC publishes submissions on proposed variation to future NBN regulation.