NBN Co is working with the ACCC on new terms for access to the network. 

NBN Co - the company that runs Australia’s national broadband network - relies on a  Special Access Undertaking (SAU) to provide a long-term regulatory framework for the supply of its services. 

The current SAU has been in place since 2013 and is scheduled to operate until 2040. However, it only applies to a subset of network technologies: fibre-to-the-premise, fixed wireless and satellite.

A stakeholder roundtable was set up to discuss an SAU review last year, which identified a range of issues with the regulation under the current undertaking, and discussed alternative proposals.

NBN Co provided the Australian Competition & Consumer Commission (ACCC) with its proposed variation to the undertaking in March this year. The proposed variation to the undertaking is a key part of the future regulation of the NBN. It sets the terms and conditions for internet providers to access the NBN until 2040, including arrangements for setting maximum prices.

NBN Co submitted a version of the proposed variation for publication in which information it considers to be commercially sensitive was redacted. However, it is essential for there to be a fully transparent and effective public consultation process, and this requires release of the proposed variation in full.

“The ACCC is required by legislation to publish and consult on the variation to the undertaking in full, and proposes to do so as soon as is practical to allow third parties to fully engage in a meaningful consultation process,” ACCC Commissioner Anna Brakey said.

So, the process has now been delayed to provide NBN Co time to address practical issues with the release of information it claims is commercially sensitive.