The Australian Competition and Consumer Commission (ACCC) has published NBN Co’s proposed variation to its Special Access Undertaking, which is a key part of the regulation of the NBN. It sets the maximum prices and terms and conditions for broadband providers to access the NBN until 2040.
The ACCC has released an accompanying consultation paper on the proposed variation and invites submissions from interested parties.
“The Special Access Undertaking exists to promote competition and efficiency in Australia’s broadband market, to the benefit of households and businesses,” ACCC Commissioner Anna Brakey said. “The variation will influence the price, quality and range of broadband offers in the market for the next two decades. Before we decide whether to accept NBN Co’s proposed variation, we are conducting a public consultation to hear from the retailers who sell NBN services, other service providers, and households and businesses that rely on the NBN for their broadband.”
The variation seeks to incorporate fibre-to-the-node and other copper-based technologies in the Special Access Undertaking, to create a single regulatory framework that covers all network technologies.
The variation also proposes significant changes to product and pricing commitments, the framework for NBN Co’s cost recovery, and rules for how the ACCC assesses network expenditure.
The ACCC has published the full variation for consultation and one set of supporting materials provided by NBN Co with a small number of redactions that the ACCC has accepted. Further supporting materials are to be published as soon as practicable. This is to ensure a transparent and effective public consultation process.
The ACCC invites feedback from interested parties on the proposed variation by 8 July 2022.
The SAU variation and related documents are available at NBN Co SAU variation 2022