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ACCC Publishes Proposed NBN Special Access Undertaking Variation

The Australian Competition and Consumer Commission (ACCC) has published NBN Co’s proposed variation to its special access undertaking (SAU), which is part of the framework that governs the price and other terms upon which it will supply wholesale services over the NBN.

The variation’s main purpose is to incorporate fibre-to-the-node, fibre-to-the-basement and hybrid fibre-coaxial technologies as technologies to which the SAU will apply, reflecting the current NBN model, the ACCC advised, with the effect being to ensure the SAU applies to all network technologies introduced by NBN Co.

NBN Co has been offering these services in a way consistent with the SAU, with the variation seeking to formalise the arrangements.

The SAU has been in operation since it was accepted by the ACCC in December 2013, with NBN Co having formally submitted its SAU variation to the ACCC on May 27 this year.

“The SAU provides an overarching framework for the regulation of access to the NBN,” ACCC commissioner Cristina Cifuentes commented.

“The SAU currently does not capture the additional network technologies that NBN Co has introduced since the SAU was accepted. NBN Co is now seeking to address this through the SAU variation.”

NBN Co is also proposing to make a number of other changes through the variation, including “changes to the nature and extent of rollout progress information that it would be obliged to provide to NBN access seekers and minor changes to dispute resolution arrangements”, the ACCC advised.

The ACCC is inviting submissions from interested parties, stating that it will shortly release a consultation paper on the variation.

Further information can be found here.

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