Federal Register of Legislation - Australian Government

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Determinations/Communications as made
This instrument has been made by the ACMA under subsection 14(1) of the Telecommunications (Carrier Licence Charges) Act 1997 and in accordance with subsection 33(3) of the Acts Interpretation Act 1901 to set out the formula for ascertaining the amount of annual carrier licence charge imposed on each carrier licence that was in force at the beginning of the 2014-2015 financial year.
Administered by: Communications and the Arts
Registered 10 Jul 2015
Tabling HistoryDate
Tabled HR10-Aug-2015
Tabled Senate10-Aug-2015
Date of repeal 30 Jun 2017
Repealed by Self Repealing

Telecommunications (Annual Carrier Licence Charge) Determination 2015

Telecommunications (Carrier Licence Charges) Act 1997

The AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY makes this Determination under subsection 14(1) of the Telecommunications (Carrier Licence Charges) Act 1997.

Dated 7th July 2015


Chris Chapman
[signed]
Member


Richard Bean
[signed]
Member/General Manager


1              Name of Determination

                This Determination is the Telecommunications (Annual Carrier Licence Charge) Determination 2015.

2              Commencement

                This Determination commences on the later of:

                 (a)   the day after it is registered; and

                 (b)   the commencement of the Telecommunications (Specification of Costs by the ACMA) Determination 2015.

Note 1:  All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003.  See http://www.comlaw.gov.au

Note 2:  Both of the events mentioned in section 2 must occur before this Determination commences.

3              Cessation

This Determination ceases to have effect at the end of 30 June 2017 as if it had been repealed by another instrument.

4              Application

                This Determination applies to carrier licences that were in force at the beginning of the 2014-2015 financial year.

5              Definitions

                In this Determination:

Act means the Telecommunications (Carrier Licence Charges) Act 1997.

carrier licence means a carrier licence to which this Determination applies, as provided by section 4.

carrier licence charge means a charge within the meaning of Part 3 of the Act.

eligible revenue period has the same meaning as in the TUSMA Act.

Note:      Notwithstanding the repeal of the TUSMA Act on commencement of Part 4 of Schedule 1 to the Telecommunications Legislation Amendment (Deregulation) Act 2015 (the Deregulation Act), the TUSMA Act continues in force subject to that Part and the modifications set out in the table following sub-item 151(2) of Part 4 of Schedule 1 to the Deregulation Act, as if that repeal had not happened (see item 151 of Part 4 of Schedule 1 to the Deregulation Act).   

exempt carrier licence means a carrier licence that was held by a carrier that was a non-participating person for the eligible revenue period that began on 1 July 2013 and ended on 30 June 2014.

non-participating person has the same meaning as in the Telecommunications (Participating Persons) Determination 2013 (No. 2).

TUSMA Act means the Telecommunications Universal Service Management Agency Act 2012.

6              Carrier licence charge – exempt carrier licence

The amount of carrier licence charge imposed on an exempt carrier licence is $0.

7              Method of ascertaining carrier licence charge – other carrier licences

(1)      This section applies to a carrier licence that is not an exempt carrier licence.

(2)      The amount of carrier licence charge imposed on a carrier licence, in relation to a carrier named in an item in Schedule 1, is ascertained using the formula:

 

(MCA - OTC) ×

ER

TER

where:

MCA (maximum charge amount) is $44,226,554.

Note:   This amount is the total sum of the amounts determined under subsection 15(1) of the Act.

OTC (other telecommunications costs) is $5,573,385.

Note:      This amount relates to costs that:

(a)        are part of the proportion of the ACMA’s costs for the 2013–2014 financial year that is attributable to the ACMA’s telecommunications functions and powers; and

(b)        have been recovered from telecommunications charges (other than annual carrier licence charges) or that the ACMA considers are not appropriate to recover from carriers because of the nature of the activities with which the costs are associated.

(The amount determined to be the proportion of the ACMA’s costs for the 2013–2014 financial year that is attributable to the ACMA’s telecommunications functions and powers is $19 860 799 — see section 5 of the Telecommunications (Specification of Costs by the ACMA) Determination 2015.)

ER (eligible revenue), for the carrier, is the corresponding amount mentioned in the item in Schedule 1.

Note:      This amount is the eligible revenue of the carrier for the 2013–2014 financial year as assessed by the ACMA under subsection 96(1) of the TUSMA Act.  Assessments of eligible revenue for the 2013-14 financial year continue to have effect notwithstanding the repeal of the TUSMA Act – see sub-item 151(2) of Part 4 of Schedule 1 to the Telecommunications Legislation Amendment (Deregulation) Act 2015. 

TER (total eligible revenue) is $27 762 384 927.

Note:      This amount is the total sum of the eligible revenue of all the carriers named in Schedule 1 for the 2013–2014 financial year as assessed by the ACMA under subsection 96(1) of the TUSMA ActAssessments of eligible revenue for the 2013-14 financial year continue to have effect notwithstanding the repeal of the TUSMA Act – see sub-item 151(2) of Part 4 of Schedule 1 to the Telecommunications Legislation Amendment (Deregulation) Act 2015. 


Schedule 1        Eligible revenue for carrier

(section 7)

 

Item

Name of carrier

ACN/ARBN/ABN

Amount ($)

1

A.C.N. 088 889 230 Ltd

088 889 230

10,296,007

2

AAPT Ltd

052 082 416

196,514,785

3

AARNet Pty Ltd

084 540 518

43,486,086

4

Adam Internet Pty Ltd

055 495 853

35,266,441

5

Agile Pty Ltd

080 855 321

117,028,690

6

Allegro Networks Pty Ltd

101 425 094

3,652,670

7

Amcom Pty Ltd

009 336 341

76,920,788

8

BigAir Cloud Managed Services Pty Ltd (formerly Anittel Communications Pty Ltd)

118 033 051

2,918,580

9

BigAir Group Ltd

098 572 626

24,217,418

10

Chime Communications Pty Ltd

073 119 285

231,882,194

11

Intelligent IP Communications Pty Ltd

115 730 526

3,585,122

12

iPSTAR Australia Pty Ltd

107 338 901

40,060,583

13

Macquarie Telecom Pty Ltd

082 930 916

79,878,216

14

New Skies Satellites Australia Pty Ltd

114 962 248

26,318,307

15

Nextgen Networks Pty Ltd

094 147 403

170,731,144

16

Nextgen Telecom (WA) Pty Ltd

103 173 440

9,349

17

Nextgen Telecom Pty Ltd

095 420 616

553,891

18

Optus Mobile Pty Ltd

054 365 696

3,928,537,254

19

Optus Networks Pty Ltd

008 570 330

1,643,159,437

20

Pipe International (Australia) Pty Ltd

123 898 215

16,452,522

21

Pipe Networks Pty Ltd

099 104 122

81,318,512

22

Primus Telecommunications Pty Ltd

071 191 396

201,295,715

23

Soul Pattinson Telecommunications Pty Ltd

001 726 192

301,152,320

24

Telstra Corporation Ltd

051 775 556

17,882,238,173

25

Telstra Multimedia Pty Ltd

069 279 072

345,248,074

26

Transact Capital Communications Pty Ltd

093 966 888

47,745,098

27

Uecomm Pty Ltd

079 083 195

119,180,964

28

Verizon Australia Pty Ltd

081 001 194

36,608,293

29

Victorian Rail Track

ABN 55 047 316 805

28,773,831

30

Vividwireless Pty Ltd

137 696 461

30,769,041

31

Vodafone Australia Pty Ltd

056 161 043

1,919,436,785

32

Vodafone Hutchinson Australia Pty Ltd

096 304 620

106,165,631

33

XYZed Pty Ltd

092 450 783

10,983,006

 Total

 

$27 762 384 927