SAU variation documents 27 Jun 2017
On 22 June 2017, NBN Co formally withdrew its original variation lodged with the ACCC on 27 May 2016 and simultaneously lodged a new proposed variation to its SAU (revised SAU variation).
Previous submissions and reports
NBN Co has advised that it also relies on the previous submissions and expert reports it has submitted in respect of the original SAU variation, and that these documents should be considered as forming part of the new variation request for the purpose of the ACCC’s assessment.
Time period for making a decision on the SAU variation
The ACCC must make a decision to accept or reject NBN Co’s proposed SAU variation within six months of lodgement of the proposed SAU variation. If the ACCC does not make a decision within the statutory time period, it is deemed to have accepted the SAU variation. Any period during which the ACCC is undertaking its first round of public consultation on the SAU variation and any period during which the ACCC is waiting for NBN Co to respond to an information request is not included in the six month statutory timeframe.
The ACCC may extend (or further extend) the decision-making period by giving written notice to NBN Co. Each extension may be for no more than three months.
Extension of decision making period
On 25 January 2018, 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 due to the need to consider the progress of NBN Co’s consultation with its customers on the pricing of its services.
On 27 April 2018, the ACCC further extended the statutory timeframe for making a decision on NBN Co’s proposed variation to the SAU by 3 months. This additional extension will enable the ACCC to consider the outcomes of NBN Co’s pricing consultation and to make its decision as to whether to accept or reject the proposed variation to the SAU.
On 27 July 2018, the ACCC further extended the decision making period in respect of the proposed variation to NBN Co’s SAU by 3 months. The ACCC extended the decision making period due to the need to consider the outcomes of NBN Co’s pricing consultation and market responses. The extension notice was provided to NBN Co on 27 July 2018.
Copies of the extension notices are available below.