ACCC outlines pathway to acceptance for NBN Co Special Access Undertaking variation

The Australian Government acknowledges the draft decision by the Australian Competition and Consumer Commission (ACCC) on the NBN Co revised Special Access Undertaking (SAU) variation proposal lodged in November 2022.

The SAU provides the foundations for the regulation of National Broadband Network (NBN) prices, ensuring broadband access remains affordable, and that NBN Co remains a commercially viable business that can deliver on Australia’s evolving connectivity needs into the future.

 

NBN Co lodged its revised SAU variation proposal following a reset of the process by the Albanese Government. The NBN Co’s original proposal lodged in March 2022 under the former Government included features such as allowing NBN Co to increase prices on some products by inflation plus three per cent, and would not have been acceptable to the ACCC.

 

The ACCC’s draft decision acknowledges that the NBN Co revised proposal has addressed many of the key concerns with the original proposal. It provides clear guidance about additional changes to the revised proposal that will make it acceptable to the ACCC having regard to the long-term interests of end-users.

 

We are pleased that NBN Co is continuing to engage constructively in the process and has written to the ACCC setting out a number of adjustments it is planning to make to its proposal. NBN Co has also stated its intention to shortly lodge an amended proposal, providing a clear pathway to new arrangements being settled.

 

We encourage stakeholders to engage in the next stage of the SAU consultation.

 

For more information on the SAU, visit: NBN Co SAU variation (November 2022) | Australian Competition and Consumer Commission (accc.gov.au)

 

Quotes attributable to Minister for Finance, Senator the Hon Katy Gallagher:

 

"The NBN is a key part of Australia’s economic architecture, enabling millions of Australians to get online, including businesses selling goods overseas, and families keeping connected, while enabling services like telehealth."

 

Quotes attributable to Minister for Communications, the Hon Michelle Rowland MP:

 

“The outcome of the Special Access Undertaking variation process will support the long-term interests of consumers, and promote greater regulatory certainty for industry. It would set the regulatory framework of NBN pricing until 2040.

 

“The draft decision by the independent regulator is a key step forward in the SAU variation process. I encourage all parties to engage in the next stage of consultation and look forward to a successful conclusion to the process which will support delivery of the Government’s commitments to increase access to faster, more reliable broadband."