Home Policy Regulation NBN Co to have a second crack at service provider access rules
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The ACCC has suspended its assessment of NBN Co's special access undertaking (SAU) and is awaiting lodgement of a revised undertaking by NBN Co. The move comes after a broad range of industry players all expressed serious concerns with the initial version.

The undertaking sets out terms and conditions under which NBN Co will provide services providers with access to its fibre, satellite and wireless networks. Once accepted by the ACCC it becomes a binding document the terms of which will be overseen and enforced by the ACCC.

It has been the subject of great concern to services providers since it was lodged in December 2011 and many have urged the ACCC to reject it. One of the main concerns is that it does not give the ACCC sufficient regulatory oversight of NBN Co's agreements with service providers. These will also be government by NBN Co's Wholesale Broadband Agreement, which will be a commercial contract between NBN Co and each service provider and outside ACCC jurisdiction.

Earlier this month Optus and the Competitive Carriers Coalition - which represents a number of major telcos - jointly complained to the ACCC about what they said a lack of regulatory oversight of NBN Co's Wholesale Broadband Agreement.

In April Optus, VHA, AAPT, Macquarie Telecom, iiNet (including its subsidiaries) Primus Adam Internet and the CCC along with ACCAN all made submissions to the ACCC's supplementary consultation paper on the SAU in which they set out numerous and serious concerns.

Those messages now seem to have produced some result. In a statement the ACCC said: "NBN Co has recently indicated to the ACCC that it intends to submit an amended SAU. NBN Co has provided an outline of its proposed amendments to the ACCC, and is in the process of developing this into a detailed undertaking. This outline will be published on the ACCC website."

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Stuart Corner

 

Tracking the telecoms industry since 1989, Stuart has been awarded Journalist Of The Year by the Australian Telecommunications Users Group (twice) and by the Service Providers Action Network. In 2010 he received the 'Kester' lifetime achievement award in the Consensus IT Writers Awards and was made a Lifetime Member of the Telecommunications Society of Australia. He was born in the UK, came to Australia in 1980 and has been here ever since.

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