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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 2018-2019 financial year.
Administered by: Infrastructure, Transport, Regional Development and Communications
Registered 10 Dec 2019
Tabling HistoryDate
Tabled HR04-Feb-2020
Tabled Senate04-Feb-2020
Date of repeal 30 Jun 2021
Repealed by Self Repealing

Telecommunications (Annual Carrier Licence Charge) Determination 2019

Telecommunications (Carrier Licence Charges) Act 1997

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

Dated: 5 December 2019

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 2019.

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 2019.

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 Determination 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This Determination is repealed at the end of 30 June 2021.

5              Application

                This Determination applies to carrier licences that were in force at the beginning of the 2018-2019 financial year.

6              Definitions

         (1)   In this Determination:

ACCC means the Australian Competition and Consumer Commission.

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 2017 and ended on 30 June 2018.

MBA means the Measuring Broadband Australia program conducted by the ACCC to monitor and report on the performance of fixed line broadband services delivered over the National Broadband Network (NBN).

NBN fixed line connection means a fixed line broadband service delivered over the NBN fixed line network.

Note: The NBN fixed line network is part of the NBN but does not include a fixed wireless network or satellite access network.

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.

test segment means a class of broadband service that is tested in accordance with specified conditions under the MBA.

 

 

(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 equal to the sum of the amount ascertained using the formula in subsection 8(3) and the amount ascertained using the formula in subsection 8(4).

 

(3)          The amount for the purposes of this subsection is ascertained using the formula:

 

(MCA - OTC) ×

ER

TER

where:

MCA (maximum charge amount excluding the MBA amount) is $29 727 515.

Note:  This amount is the total sum of the amounts determined under subsection 15(1) of the Act, excluding the portion of the amount determined by the ACCC under paragraph 15(1)(b) of the Act that relates to the MBA.

OTC (other telecommunications costs) is $75 754.

Note:      This amount relates to costs that:

(a)        are part of the proportion of the ACMA’s costs for the 2017–2018 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).

(The amount determined to be the proportion of the ACMA’s costs for the 2017–2018 financial year that is attributable to the ACMA’s telecommunications functions and powers is $13 473 497 — see section 6 of the Telecommunications (Specification of Costs by the ACMA) Determination 2019.)

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 2017–2018 financial year as assessed by the ACMA under subsection 47(1) of the TCPSS Act. 

TER (total eligible revenue) is $27 511 479 689.

Note:      This amount is the total sum of the eligible revenue of all the carriers named in Schedule 1 for the 2017–2018 financial year as assessed by the ACMA under subsection 47(1) of the TCPSS Act  

 

(4)                    The amount for the purpose of this subsection is ascertained using the formula:

 

 

where:

 

APC (annual program costs) is equal to $1 531 854.

Note:      This amount is the portion of the costs incurred by the ACCC during the 2017-2018 financial year, as determined by the ACCC under paragraph 15(1)(b), that are attributable to the MBA.

 

FLC (fixed line connections) is the number listed for each participating person in an item in Schedule 2.

Note:      The FLC figure for each participating person is derived from information provided by the ACCC about the number of NBN fixed line connections operated in a test segment which are attributable to participating persons during the 2017-2018 financial year.

 

TFLC (total fixed line connections) is equal to 3 657 807.

Note:      This figure is derived from information provided by the ACCC about the total number of NBN fixed line connections operated in a test segment that are attributable to participating persons during the 2017-2018 financial year.

 

 


Schedule 1        Eligible revenue for carrier

(section 8)

 

Item

Name of carrier

ACN/ARBN

Amount

1

AARNet Pty Ltd

 084 540 518

 52,440,563

2

Allegro Networks Pty Ltd

 101 425 094

 3,308,574

3

BigAir Cloud Managed Services Pty Ltd

 118 033 051

 2,291,262

4

BigAir Group Pty Limited

 098 572 626

 18,031,536

5

Caprock Communications (Australia) Pty Ltd

114 449 857

 3,720,122

6

Chime Communications Pty Ltd

073 119 285

 460,971,006

7

Integrated Data Labs Pty Ltd

 076 582 280

 657,288

8

Intelligent IP Communications Pty Ltd

 115 730 526

 4,506,737

9

Macquarie Telecom Pty Limited

082 930 916

 73,527,484

10

nbn co Limited

136 533 741

 1,167,918,916

11

New Skies Satellites Australia Pty Ltd

114 962 248

 16,592,420

12

Nextgen Networks Pty Limited

094 147 403

 130,307,636

13

NuSkope Pty Ltd

125 849 149

 6,047,292

14

O3B Teleport Services (Australia) Pty Ltd

161 700 509

 37,054,101

15

Optus Fixed Infrastructure Pty Limited

092 450 783

 21,034,886

16

Optus Mobile Pty Limited

054 365 696

 4,336,262,691

17

Optus Networks Pty Limited

008 570 330

 1,027,310,147

18

Optus Satellite Network Pty Limited

091 789 945

 166,785,565

19

Pivotel Group Pty Limited

102 274 322

 28,894,512

20

Primus Telecommunications Pty Limited

071 191 396

 229,552,318

21

Soul Pattinson Telecommunications Pty Limited

001 726 192

 787,800,578

22

Speedcast Australia Pty Limited

159 524 553

 24,350,579

23

Superloop (Australia) Pty Ltd

 602 286 608

 6,575,515

24

Telstra Corporation Limited

051 775 556

 16,458,916,721

25

Telstra Multimedia Pty Limited

069 279 072

 69,018,857

26

Uecomm Pty Limited

079 083 195

 66,224,168

27

Verizon Australia Pty Limited

081 001 194

 25,793,185

28

Victorian Rail Track

047 316 805

 35,879,217

29

Vividwireless Pty Ltd

137 696 461

 44,132,676

30

Vocus Fibre Pty Ltd

150 260 156

 181,985,801

31

Vodafone Australia Pty Limited

056 161 043

 2,023,587,336

 

Total Eligible Revenue

27,511,479,689

 

 

Schedule 2        Fixed line connections for carrier

(section 8)

 

Item

Name of carrier

ACN/ARBN

FLC

1

Chime Communications Pty Ltd

073 119 285

316,416

2

Optus Mobile Pty Limited

054 365 696

535,525

3

Soul Pattinson Telecommunications Pty Limited

001 726 192

540,755

4

Telstra Corporation Limited

051 775 556

1,918,061

5

Vocus Fibre Pty Ltd

150 260 156

337,956

6

Vodafone Australia Pty Limited

056 161 043

9,094

 Total Fixed Line Connections

 

3,657,807