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Determinations/Communications as made
This determination prescribes 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 2017-2018 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 2017.
Administered by: Communications and the Arts
Registered 18 Dec 2018
Tabling HistoryDate
Tabled HR12-Feb-2019
Tabled Senate12-Feb-2019
To be repealed 30 Jun 2020
Repealed by Self Repealing

Telecommunications (Annual Carrier Licence Charge) Determination 2018

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: 17 December 2018

Nerida O’Loughlin
[signed]
Member

Chris Jose
[signed]
Member/General Manager

 

Australian Communications and Media Authority


1              Name of Determination

                This is the Telecommunications (Annual Carrier Licence Charge) Determination 2018.

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 2018.

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This Determination is repealed at the end of 30 June 2020.

5              Application

                This Determination applies to carrier licences that were in force at the beginning of the 2017-2018 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 2016 and ended on 30 June 2017.

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 $35 638 454.

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

OTC (other telecommunications costs) is $3 960 751.

Note:      This amount relates to costs that:

(a)        are part of the proportion of the ACMA’s costs for the 2016–2017 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 2016–2017 financial year that is attributable to the ACMA’s telecommunications functions and powers is $18 264 770 — see section 6 of the Telecommunications (Specification of Costs by the ACMA) Determination 2018.)

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 2016–2017 financial year as assessed by the ACMA under subsection 47(1) of the TCPSS Act. 

TER (total eligible revenue) is $27 360 752 445.

Note:      This amount is the total sum of the eligible revenue of all the carriers named in Schedule 1 for the 2016–2017 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

AARNet Pty Ltd

084 540 518

$52,617,491

2

Allegro Networks Pty Ltd

101 425 094

$3,899,716

3

BigAir Cloud Managed Services Pty Ltd

118 033 051

$2,175,342

4

BigAir Group Pty Limited

098 572 626

$20,683,132

5

Caprock Communications (Australia) Pty Ltd

114 449 857

$3,182,685

6

Chime Communications Pty Ltd

073 119 285

$480,559,685

7

Integrated Data Labs Pty Ltd

076 582 280

$1,208,361

8

Intelligent IP Communications Pty Ltd

115 730 526

$4,621,338

9

iPSTAR Australia Pty Ltd

107 338 901

$36,976,966

10

Macquarie Telecom Pty Limited

082 930 916

$75,697,479

11

NBN Co Limited

136 533 741

$260,322,023

12

New Skies Satellites Australia Pty Ltd

114 962 248

$18,474,709

13

Nextgen Networks Pty Limited

094 147 403

$129,417,318

14

O3B Teleport Services (Australia) Pty Ltd

161 700 509

$21,087,589

15

Optus Fixed Infrastructure Pty Limited

092 450 783

$26,413,436

16

Optus Mobile Pty Limited

054 365 696

$4,073,922,958

17

Optus Networks Pty Limited

008 570 330

$914,153,389

18

Optus Satellite Network Pty Limited

091 789 945

$212,049,494

19

Orion Satellite Systems Pty Limited

103 918 832

$2,366,358

20

Primus Telecommunications Pty Limited

071 191 396

$306,397,864

21

Satellite Communications Australia Pty Ltd

111 968 793

$28,533,203

22

Soul Pattinson Telecommunications Pty Limited

001 726 192

$723,339,850

23

Superloop (Australia) Pty Ltd

602 286 608

$4,542,905

24

Telstra Corporation Limited

051 775 556

$17,722,534,056

25

Telstra Multimedia Pty Limited

069 279 072

$104,291,637

26

Uecomm Operations Pty Limited

093 504 100

$74,495,843

27

Victorian Rail Track

55 047 316 805

$32,128,104

28

Vividwireless Pty Ltd

137 696 461

$28,420,149

29

Vocus Fibre Pty Ltd

150 260 156

$50,788,350

30

Vodafone Australia Pty Limited

056 161 043

$1,945,451,015

 

Total

 

$27,360,752,445