NBN Co’s Special Access Undertaking (SAU) is a key part of the nbn’s regulatory framework. The SAU determines how much nbn can charge for wholesale phone and internet services and provides the framework for non-price issues to help ensure the nbn works in a way that protects the long-term interest of consumers.

The SAU was accepted by the ACCC in 2013 and needs to be updated. NBN Co provided a discussion paper to inform updates to the SAU, including looking at the way NBN Co charges for its services. ACCAN has serious concerns regarding nbn’s regulatory framework, and recommends:

• That the method through which nbn’s revenue is constrained be re-examined to ensure it is fit for purpose.
• That regulated prices cover all access technologies and be updated to reflect the predominant method in which nbn’s services are charged, as well as the efficient cost of providing the service.
• That prices set in the SAU be periodically reviewed every 3-5 years.
• That any pricing changes are done in such a manner that ensures lower speed plans are an affordable option for consumers.
• NBN Co should continue developing and implementing a targeted product aimed at improving the affordability of services for low income consumers as initially planned as part of the 2021 Pricing Review, as well as in the SAU variation process.
• NBN Co should report information, publicly or to the ACCC, on the location, duration and number of services that are in remediation, and rebates paid.
• That the Fixed Wireless speed performance rebate should increase with every subsequent month for which the wireless speed underperforms, and the performance metric for remediation of fixed wireless should be reconsidered.
• That evidence must be provided that incorrect call out charges are on a scale that causes significant business detriment to nbn before being applied.

In our response ACCAN also highlighted issues with the current service standards, Fixed Wireless performance, transparency of remediation rebates and incorrect call out charges.

Download: nbn Special Access Undertaking Variation 2021844.21 KB

Download: nbn Special Access Undertaking Variation 2021391.4 KB