The Australian Competition and Consumer Commission (ACCC) notes that TPG and Uniti Group Limited (Uniti) are the two largest suppliers of the SBAS and their networks combined cover more than one million premises, primarily in apartment buildings and new residential housing estates, while in many areas they are the sole fixed-line broadband network operator.

“The access determination sets maximum wholesale prices and other important terms and conditions for retailers to access the networks. The regulation will apply if the network owners and retailers cannot reach satisfactory commercial agreements,” the ACCC states.

“We have made this access determination so the one million or so Australians who rely on these networks for internet at their homes or businesses can select from a broader range of retailers and offers that can better meet their needs,” ACCC Commissioner Anna Brakey said.

“The final regulation we’ve settled on contains specific price terms, benchmarked against NBN Co’s pricing, that will enable consumers and businesses to find retail offers that are similar to, or better than, those available on the NBN.”

According to the ACCC, regulated monthly prices for the 25/5 and 50/20 Mbps speed tiers will give retailers greater certainty over the access costs they pay - and because of the benchmarking against equivalent NBN access costs, retailers will be able to develop consistent product offerings to consumers across all networks.

The ACCC also notes that the changes will put downward pressure on the wholesale cost to access the entry level 25/5 Mbps service and the popular 50/20 Mbps service, and the Commission expects the regulated price terms for the 50/20 Mbps speed tier will also constrain wholesale prices for higher speed tiers.

“The access determination will also regulate connection, transfer, and appointment charges for SBAS networks, which will make it easier for households to switch retailers and will limit their potential exposure to missed appointment fees or other ad hoc charges,” the ACCC cautions.

“We’re confident that our final decision strikes the right balance between protecting the long-term interests of consumers and allowing the network providers to earn the revenues required to continue to invest and improve their networks over time,” Brakey said.

The new access determination will come into force on 1 September 2024 and apply until 1 March 2027 and the says it ACCC consulted extensively with the SBAS providers, retailers, industry, and consumer groups throughout its inquiry.

More information on the SBAS and the ACCC’s final report on the inquiry is available at SBAS final access determination inquiry 2021

Background

The SBAS is a declared wholesale fixed-line broadband access service provided over a ‘superfast’ broadband network (one normally capable of download speeds of 25 Mbps or more). These provide a similar service to the NBN.

Other technologies capable of providing a superfast broadband service that are not captured by the declared SBAS are fixed wireless, satellite, mobile, and the NBN.

Since the ACCC first declared an SBAS in 2016, the market has consolidated as larger firms acquired smaller providers. TPG and Uniti are now relatively large, vertically integrated providers, and there is a range of other smaller providers (generally with fewer than 30,000 active customers).

Following extensive stakeholder consultation, the ACCC released a draft decision on the SBAS determination in October 2022 and undertook further consultation over 2023. 

In March 2023, the ACCC released an exposure draft of its determination instrument and called for submissions.

The inquiry was subsequently extended due to uncertainty around regulated NBN access prices under NBN Co’s variation to its special access undertaking (SAU).

The ACCC undertook further consultation on the SBAS determination in November 2023 following its acceptance of NBN Co’s varied SAU.