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Determinations/Communications as made
This determination sets out a method for ascertaining the amount of annual carrier licence charge imposed on each carrier licence that was in force at the beginning of the 2015-2016 financial year, in accordance with subsection 14(1) of the Telecommunications (Carrier Licence Charges) Act 1997 and in line with the Ministerial Direction.
Administered by: Communications and the Arts
Registered 04 Jul 2016
Tabling HistoryDate
Tabled HR30-Aug-2016
Tabled Senate30-Aug-2016
Date ceased to have effect 30 Jun 2018
Ceased by Self Ceasing

Telecommunications (Annual Carrier Licence Charge) Determination 2016

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                                          28 June 2016

Richard Bean

[signed]
Member

 

Brendan Byrne

[signed]
Member/General Manager


1              Name of Determination

                This Determination is the Telecommunications (Annual Carrier Licence Charge) Determination 2016.

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 2016.

Note 1:  All legislative instruments and compilations are registered on the Federal Register of Legislation kept under the Legislation Act 2003.  See www.legislation.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This Determination ceases to have effect at the end of 30 June 2018 as if it had been repealed by another instrument.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 2015-2016 financial year.

5              Definitions and other interpretation

         (1)   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 TCPSS 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 2014 and ended on 30 June 2015.

non-participating person has the same meaning as in the Telecommunications (Participating Persons) Determination 2015.

TCPSS Act means the Telecommunications (Consumer Protection and Service Standards) Act 1999.

Note:       A number of other expressions used in this Determination are defined in the Act, including the following:

(a)     ACMA;

(b)     carrier;

(c)     carrier licence.

(2)     In this Determination, unless the contrary intention appears, a reference to another legislative instrument is a reference to that other legislative instrument as in force from time to time.

Note 1:    For references to Commonwealth Acts, see section 10 of the Acts Interpretation Act 1901; and see also subsection 13(1) of the Legislation Act 2003 for the application of the Acts Interpretation Act 1901 to legislative instruments.

Note 2:     All Commonwealth Acts and legislative instruments are registered on the Federal Register of Legislation: www.legislation.gov.au.

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 $42,536,222.

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

OTC (other telecommunications costs) is $5,800,421.

Note:     This amount relates to costs that:

(a)        are part of the proportion of the ACMA’s costs for the 2014–2015 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 2014–2015 financial year that is attributable to the ACMA’s telecommunications functions and powers is $23,372,539 — see section 5 of the Telecommunications (Specification of Costs by the ACMA) Determination 2016.)

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 2014–2015 financial year as assessed by the ACMA under subsection 47(1) of the TCPSS Act. 

TER (total eligible revenue) is $28,335,816,333.

Note:      This amount is the total sum of the eligible revenue of all the carriers named in Schedule 1 for the 2014–2015 financial year as assessed by the ACMA under subsection 47(1) of the TCPSS Act  


Schedule 1        Eligible revenue for carrier

(section 7)

 

Item

Name of carrier

ACN/ARBN/ABN

Amount ($)

1

A.C.N 088 889 230 Pty Ltd

088 889 230

9,690,371

2

AAPT Limited

052 082 416

192,951,344

3

AARNet Pty Ltd

084 540 518

45,025,250

4

Adam Internet Pty Ltd

055 495 853

42,069,979

5

Agile Pty Ltd

080 855 321

129,571,894

6

Allegro Networks Pty Ltd

101 425 094

2,785,712

7

Amcom Pty Ltd

009 336 341

76,148,926

8

BigAir Cloud Managed Services Pty Ltd

118 033 051

5,895,479

9

BigAir Group Limited

098 572 626

21,024,000

10

Chime Communications Pty Ltd

073 119 285

219,331,346

11

Integrated Data Labs Pty Ltd

076 582 280

1,475,391

12

Intelligent IP Communications Pty Ltd

115 730 526

3,906,710

13

IPSTAR Australia Pty Ltd

107 338 901

41,128,374

14

Macquarie Telecom Pty Limited

082 930 916

70,618,121

15

New Skies Satellites Australia Pty Ltd

114 962 248

35,226,898

16

Nextgen Networks Pty Ltd

094 147 403

160,066,293

17

Nextgen Telecom (WA) Pty Ltd

103 173 440

9,348

18

Nextgen Telecom Pty Ltd

095 420 616

528,596

19

Office des Postes et Telecommunications

New Caledonia Government Entity

30,632,046

20

Optus Fixed Infrastructure Pty Limited  (formerly XYZed Pty Ltd)

092 450 783

8,227,391

21

Optus Mobile Pty Limited

054 365 696

4,346,048,966

22

Optus Networks Pty Limited

008 570 330

1,317,357,145

23

Orion Satellite Systems Pty Limited

103 918 832

2,708,469

24

Pipe International (Australia) Pty Ltd

123 898 215

17,513,419

25

Pipe Networks Pty Limited

099 104 122

91,699,619

26

Primus Telecommunications Pty Limited

071 191 396

278,955,330

27

Soul Pattinson Telecommunications Pty Limited

001 726 192

370,227,680

28

Telstra Corporation Limited

051 775 556

18,438,264,515

29

Telstra Multimedia Pty Limited

069 279 072

337,863,842

30

Transact Capital Communications Pty Ltd

093 966 888

45,912,897

31

Uecomm Pty Limited

079 083 195

101,780,370

32

Verizon Australia Pty Limited

081 001 194

33,112,209

33

Victorian Rail Track

ABN 55 047 316 805

30,159,639

34

Vividwireless Pty Ltd

137 696 461

28,502,566

35

Vocus Fibre Pty Ltd

150 260 156

33,410,970

36

Vodafone Australia Pty Limited

056 161 043

1,765,985,228

 Total

 

28,335,816,333