The ACCC has received a new Special Access Undertaking (SAU) from the NBN Co setting out the terms that will govern access to the NBN Access Service until 2040. The new SAU replaces the SAU lodged by the NBN Co in 2011, which was withdrawn on 7 September 2012, and makes commitments about the NBN Co's wholesale pricing over the long term, non-price conditions of supply including service levels, and ensures that NBN Co will recover no more than its prudently incurred cost.

As part of its assessment process, the ACCC intends to release a consultation paper in early November 2012 for consultation with stakeholders and industry. The ACCC hopes to release a draft decision on the SAU by March 2013. The ACCC is aware that current contracts between the NBN Co and retailers expire around the end of November 2012, and parties are expected to be able to agree to arrangements for the continuing supply of the NBN Co's services until such a time as the ACCC is able to conclude its assessment of the new undertaking.

For more information, please see the ACCC Media Release, ACCC Media Release 2 and NBN Co Media Release. To view a copy of the revised SAU, please click here.