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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 2016-2017 financial year, in accordance with subsection 14(1) of the Telecommunications (Carrier Licence Charges) Act 1997 and the Australian Communications and Media Authority (Annual Carrier Licence Charge) Direction 2013.
Administered by: Communications and the Arts
Registered 26 Jul 2017
Tabling HistoryDate
Tabled HR08-Aug-2017
Tabled Senate08-Aug-2017
Date of repeal 30 Jun 2019
Repealed by Self Repealing

Telecommunications (Annual Carrier Licence Charge) Determination 2017

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: 25 July 2017

Richard Bean

[signed]
Member

 

James Cameron

[signed]
Member/General Manager

 


1              Name of Determination

                This is the Telecommunications (Annual Carrier Licence Charge) Determination 2017.

2              Commencement

                This Determination commences on the later of:

                 (a)   the start of the day after it is registered on the Federal Register of Legislation; and

                 (b)   the commencement of the Telecommunications (Specification of Costs by the ACMA) Determination 2017.

 

Note 1:    The Federal Register of Legislation may be accessed at http://www.legislation.gov.au.

 

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

3              Authority

                This instrument is made under subsection 14(1) of the Telecommunications (Carrier Licence Charges) Act 1997.

4              Repeal of this Determination

This Determination is repealed at the end of 30 June 2019.

5              Application

                This Determination applies to carrier licences that were in force at the beginning of the 2016-2017 financial year.

6              Definitions

         (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 5.

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 2015 and ended on 30 June 2016.

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.

 

(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 available on the Federal Register of Legislation: http://www.legislation.gov.au.

7              Carrier licence charge – exempt carrier licence

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

8              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 $39,274,253.

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

OTC (other telecommunications costs) is $6,650,385.

Note:      This amount relates to costs that:

(a)        are part of the proportion of the ACMA’s costs for the 2015–2016 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 2015–2016 financial year that is attributable to the ACMA’s telecommunications functions and powers is $21,054,894 — see section 5 of the Telecommunications (Specification of Costs by the ACMA) Determination 2017.)

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 2015–2016 financial year as assessed by the ACMA under subsection 47(1) of the TCPSS Act. 

TER (total eligible revenue) is $28,009,463,290.

Note:      This amount is the total sum of the eligible revenue of all the carriers named in Schedule 1 for the 2015–2016 financial year as assessed by the ACMA under subsection 47(1) of the TCPSS Act  


Schedule 1        Eligible revenue for carrier

(section 8)

 

Item

Name of carrier

ACN/ARBN/ABN

Amount ($)

 

 

 

 

1

AAPT Ltd

052 082 416

$207,861,854

2

AARNet Pty Ltd

084 540 518

$40,332,370

3

Adam Internet Pty Ltd

055 495 853

$42,069,980

4

Agile Pty Ltd

080 855 321

$129,571,894

5

Allegro Networks Pty Ltd

101 425 094

$3,096,144

6

Amcom Pty Ltd

009 336 341

$85,264,169

7

BigAir Cloud Managed Services Pty Ltd

118 033 051

$3,855,631

8

BigAir Group Limited

098 572 626

$20,032,681

9

Chime Communications Pty Ltd

073 119 285

$219,331,346

10

FirstPath Pty Ltd 

145 209 383

$644,074

11

Integrated Data Labs Pty Ltd

076 582 280

$1,590,092

12

Intelligent IP Communications Pty Ltd

115 730 526

$4,286,401

13

iPSTAR Australia Pty Ltd

107 338 901

$42,338,363

14

Macquarie Telecom Pty Ltd

082 930 916

$72,963,653

15

Nextgen Networks Pty Ltd

094 147 403

$149,162,430

16

Nextgen Telecom Pty Ltd

095 420 616

$535,833

17

Nextgen Telecom (WA) Pty Ltd

103 173 440

$9,348

18

Optus Fixed Infrastructure Pty Ltd

092 450 783

$5,922,855

19

Optus Mobile Pty Ltd

054 365 696

$4,439,077,429

20

Optus Networks Pty Ltd

008 570 330

$956,372,531

21

Optus Satellite Network Pty Ltd

091 789 945

$279,454,398

22

Orion Satellite Systems Pty Ltd

103 918 832

$2,439,254

23

Pipe Networks Pty Ltd

099 104 122

$83,045,923

24

Primus Telecommunications Pty Ltd

071 191 396

$271,545,746

25

Satellite Communications Australia Pty Ltd

111 968 793

$37,031,354

26

Soul Pattinson Telecommunications Pty Ltd

001 726 192

$375,598,439

27

Telstra Corporation Ltd

051 775 556

$18,344,518,155

28

Telstra Multimedia Pty Ltd

069 279 072

$110,051,702

29

TransACT Capital Communications Pty Ltd

093 966 888

$45,912,897

30

Uecomm Pty Ltd

079 083 195

$85,296,407

31

Verizon Australia Pty Ltd

081 001 194

$28,951,208

32

Victorian Rail Track

047 316 805

$30,949,487

33

Vividwireless Pty Ltd

137 696 461

$28,149,223

34

Vocus Fibre Pty Ltd

150 260 156

$43,603,064

35

Vodafone Australia Pty Ltd

056 161 043

$1,666,544,077

36

Vodafone Hutchinson Australia Pty Ltd

096 304 620

$152,052,878

 

Total

 

$28,009,463,290