Consultation on NBN Co's SAU variation20 May 2019

On 8 May 2019, NBN Co lodged a variation to its Special Access Undertaking (SAU) with the ACCC.

The ACCC published a note to stakeholders inviting submissions to the consultation on NBN Co's SAU variation.

Submissions were due 10 June 2019.

All enquiries about the SAU variation can be directed to Scott Harding on 03 9658 6434.

Extension of decision making period

On 27 November 2019, the ACCC extended its decision making period in respect of NBN Co’s proposed SAU variation by 3 months. The ACCC extended the decision making period to seek further information from NBN Co about the operation of its Product Development Form (PDF) processes and allow sufficient time to consider this information before making a decision to accept or reject the proposed SAU variation.

On 26 February 2020, the ACCC further extended its decision making period in respect of the proposed variation to NBN Co’s SAU by 3 months. The ACCC extended the decision making period to allow NBN Co to consider some proposed changes to its Product Development Forum (PDF) arrangements. This will allow the ACCC to consider the outcomes of this consultation on the PDF arrangements, which the ACCC considers relevant to the assessment of the proposed variation to the SAU.

On 21 May 2020, the ACCC further extended its decision making period in respect of the proposed variation to NBN Co’s SAU by 3 months to allow NBN Co to complete its consultation on proposed PDF improvements.

On 26 August 2020, the ACCC further extended its decision making period in respect of the proposed variation to NBN Co's SAU by 3 months to allow NBN Co to finalise its consultation process and implement its outcomes before we make a final decision on the matter.

On 25 November 2020, the ACCC further extended its decision making period in respect of the proposed variation to NBN Co's SAU variation by 3 months. This is to allow us to consider the outcomes of NBN Co’s consultation on its PDF arrangements, which we consider are relevant to our assessment of the proposed SAU variation.

On 26 February 2021, the ACCC further extended its decision making period in respect of the proposed variation to NBN Co's SAU variation by 6 weeks. This is to allow us to give proper consideration to the outcomes of NBN Co’s consultation on the product development forum, and to consider any final feedback from stakeholders. The six week extension will provide the sufficient time required to complete our assessment.

A copy of each extension notice is available below.