The ACCC has published NBN Co’s proposed amendment to its Special Access Undertaking that sets the maximum prices and terms for broadband providers to access the NBN until 2040.
The variation published today proposes significant changes to product and price commitments, NBN Co’s cost recovery framework, and rules governing how the ACCC assesses network spending.
The ACCC has invited interested stakeholders to comment on the proposed amendment by July 8, 2022
ACCC Commissioner Anna Brakey said the Special Access Undertaking exists to promote competition and efficiency in the Australian broadband market, benefiting households and businesses”
“The variation will affect the price, quality, and supply of broadband offerings in the market over the next two decades. Before deciding whether to accept the proposed variation from NBN Co, we are conducting a public consultation to hear from the retailers selling NBN services, other service providers, and households and businesses that rely on NBN for their broadband.”
The variation also aims to include fiber-to-the-node and copper-based technologies in the Special Access Undertaking to create a single regulatory framework encompassing all network technologies.
The ACCC has published the full variant for consultation and one set of supporting materials provided by NBN Co with a small number of editors that the ACCC has accepted. Further supporting material will be published as soon as possible. This is to ensure a transparent and effective public consultation process.
NBN Co aims to amend the SAU to include fiber-to-the-node and copper-based technologies to create a unified regulatory framework for all technologies.
The SAU variation also includes significant changes to other key elements of the SAU, including product and price commitments, NBN Co’s cost recovery framework, and rules for ACC C’s assessment of network spending.
The current SAU provides a long-term regulatory framework for the supply of NBN Co. It has been in operation since 2013 and is expected to operate until 2040 but only applies to a subset of network technologies, namely fiber-to-the-building, fixed wireless, and satellite.
In June 2021, the ACCC hosted an industry workshop to help inform NBN Co about developing a revised Special Access Commitment applicable to all network technologies.
In the second half of 2021, ACCC working groups offered NBN Co, access seekers, retail service providers, and other interested parties the opportunity to share their ideas while the proposed SAU variation was under development.
The ACCC must review any application for a change to the SAU by the regulatory criteria in Part XIC of the CCA. The ACCC must accept or reject the SAU variation based on this assessment.
The future of NBN is threatened by new wireless broadband technologies and regional customers demanding better service quality and pricing models.
The SAU Variation and related documents are available here.
Editorial
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