On 19 November 2013, the ACCC received a varied Special Access Undertaking (SAU) from NBN Co.  The varied SAU incorporates changes requested by the ACCC, including:

  • extending the number of price reviews the ACCC may undertake (in which it may review CVC charges, for example) during the NBN roll-out period from one to two;
  • preventing NBN Co from making variations to an existing product that reduce the functionality, performance or features of the product; and
  • changes relating to the ACCC’s assessment of the prudency and efficiency of NBN Co’s capital expenditure during the roll-out period.

The SAU seeks to govern price and other terms upon which NBN Co will supply services over its fibre, wireless and satellite networks to telecommunications companies, up until 2040. 

If accepted by the ACCC, the SAU is intended to provide a significant degree of regulatory certainty for access seekers.  The ACCC is expected to make a final decision in respect of the SAU before the end of the year.