Abstract：

This study focuses on Australia’s National Broadband Network (NBN) reform, centering on the tension and balance between the non-discrimination obligation, Long-Term Infrastructure Exemption (LTIE), and Special Access Undertaking (SAU) reform under the theme of “Flexibility within Fairness”. It first examines the foundational role of the non-discrimination principle in NBN policy, clarifying its significance in ensuring equal access to broadband services and preventing market bias. Then, it analyzes reform proposals that aim to inject flexibility into the NBN system—such as adjusting LTIE scopes and optimizing SAU terms—while safeguarding the fairness of the non-discrimination framework, exploring how to reconcile operational flexibility for NBN with equal service access for users. Furthermore, the study conducts a cost–benefit analysis, weighing the efficiency gains from flexibility against the potential risks to equality. Finally, the conclusion synthesizes findings to propose a balanced path for NBN reform, emphasizing that flexibility should be embedded within the non-discrimination obligation to achieve both operational efficiency of the broadband network and fair service access, providing insights for Australia’s NBN governance optimization.

Key Words：

flexibility; fairness; obligation; Australia’s NBN