Telecommunications (Annual Charge) Determination 2014

Telecommunications (Numbering Charges) Act 1997

This compilation was prepared on 31 August 2015 taking into account amendments up to Telecommunications Numbering Plan (Consequential Amendments and Transitional Arrangements) Instrument 2015 (No. 1).

 

Prepared by the Australian Communications and Media Authority

 


1 Name of Determination

  This Determination is the Telecommunications (Annual Charge) Determination 2014.

2 Commencement

  This Determination commences on 1 April 2015.

Note  All legislative instruments and compilations must be registered on the Federal Register of Legislative Instruments required to be maintained under the Legislative Instruments Act 2003.             

3 Revocation

  The Telecommunications (Annual Charge) Determination 2007 (No. 2) (FRLI No. F2007L04138) is revoked.

4 Definition

  In this Determination:

access code has the meaning given by section 38 of the plan or in a corresponding provision of a replacement plan.

Act means the Telecommunications (Numbering Charges) Act 1997.

Budget Papers means the papers so known, tabled in the Commonwealth Parliament by the Treasurer in relation to the budget of the Commonwealth for the year to which the papers relate.

census date, for a year, is the day in April determined for the year under subsection 18(2) of the Act.

community service has the meaning given in the Dictionary to the plan or in a corresponding provision of a replacement plan.

geographic number has the meaning given by section 18 of the plan or in a corresponding provision of a replacement plan.

incoming only international service has the meaning given in the Dictionary to the plan or in a corresponding provision of a replacement plan.

interconnect and routing service has the meaning given in the Dictionary to the plan or in a corresponding provision of a replacement plan.

internal network service has the meaning given in the Dictionary to the plan or in a corresponding provision of a replacement plan.

international direct dial service has the meaning given in the Dictionary to the plan or in a corresponding provision of a replacement plan.

international service has the meaning given in the Dictionary to the plan or in a corresponding provision of a replacement plan.

plan means the Telecommunications Numbering Plan 2015.

replacement plan means a numbering plan made after the commencement of this Determination that replaces the plan.

specified for use has the meaning given in the Dictionary to the plan or in a corresponding provision of a replacement plan.

testing service has the meaning given in the Dictionary to the plan or in a corresponding provision of a replacement plan.

virtual private network service has the meaning given in the Dictionary to the plan or in a corresponding provision of a replacement plan.

Note   In accordance with paragraph 13(1)(b) of the Legislative Instruments Act 2003, other expressions in this Determination have the same meaning as in the Act, including:

 ACMA

 carriage service provider 

 numbering plan

5 Amount of charge

 (1) The amount of charge imposed on a number held at the beginning of the census date is calculated in accordance with the following formula:

where:

AOC means, for the chargeable holding that includes the number, the amount calculated under subsection (2).

N means the quantity of numbers comprising the chargeable holding.

 (2) For subsection (1), the value of AOC for a chargeable holding is determined as follows:

 AOC = quantity of numbers  x  lesser of BNC amount and $100 000

where

BNC amount, for a chargeable holding, is the base number charge multiplied by:

 (a) the applicable multiplier; and

 (b) 10 to the power of (10 – number length).

base number charge means the amount of charge determined by solving the following equation using the method known as the NewtonRaphson method:

 Revenue Target = the sum of (quantity of numbers x the lesser of (BNC amount or $100 000)) for each chargeable holding of every carriage service provider.

Note   Following its determination, the base number charge is published by the ACMA on its website (http://www.acma.gov.au).

chargeable holding means one number or a group of numbers held by a carriage service provider, all of which:

 (a) have the same amount of digits; and

 (b) are of the same service type.

exempt service type, in relation to a number in a chargeable holding, means a number that, under section 6, is exempt from charge.

multiplier means:

 (a) for a chargeable holding containing only normal service type numbers — 1;

 (b) for a chargeable holding containing only reduced service type numbers — 0.01;

 (c) for a chargeable holding containing only exempt service type numbers — 0.

normal service type, in relation to a number in a chargeable holding, means a number that is not a reduced service type or an exempt service type.

number length means the amount of digits in the number concerned.

reduced service type, in relation to a number in a chargeable holding, means a number of any of the following kinds:

 (a) numbers specified for use with an incoming only international service;

 (b) numbers specified for use with an internal network service;

 (c) numbers specified for use with a testing service.

Revenue Target, for a year, is:

 (a) $60 000 000; or

 (b) if:

 (i) the Budget Papers for the year specify, as the total charge applying under subsection 18(1) of the Act, a revenue target that is a different amount; and

 (ii) the ACMA publishes that amount on its internet website as the revenue target for the year;

  that amount.

Note   The Revenue Target for a year, whether it is $60 000 000 or an amount under paragraph (b), is published by the ACMA on its website (http://www.acma.gov.au).

service type means exempt service type, normal service type or reduced service type, as the context requires.

6 Numbers exempt from charge

  The following numbers are exempt from charge:

 (a) a number specified for use with a community service;

 (b) a geographic number, other than a number mentioned in subsection 22(1) of the Act;

 (c) a number that is an international signalling point code, within the meaning of section 46 of the plan or in a corresponding provision of a replacement plan;

 (d) a number that is a mobile network code, within the meaning of section 49 of the plan or in a corresponding provision of a replacement plan;

 (e) a number that is an access code specified for use with an international service;

 (f) a number that is an access code specified for use with an international direct dial service;

 (g) a number that is an access code specified for use with an international ring back price service;

 (h) a number that is an access code specified for use with an interconnect and routing service;

 (i) a number that is an access code specified for use with a virtual private network service; and

 (j) a number that is a four or five digit access code specified for use with incoming only international service.

Example 

A carriage service provider has 2 chargeable holdings:

(a) holding Y, that, on the census date, contains 500 numbers, each of which is:

 (i) 5 digits in length; and

 (ii) an international signalling point code; and

(b) holding Z, that, on the census date, contains 10 000 numbers, each of which is:

 (i) 10 digits in length; and

 (ii) a normal service type number.

For the purpose of the example, the base number charge for the year is $0.90, determined on the basis of a Revenue Target of $60 000 000 (there being no Budget Papers specifying a different amount).

Calculation of AOC for holding Y:

AOC = quantity of numbers x the lesser of BNC amount and $100 000;

thus = 500 x the lesser of ($0.90 x 0 x 10^(10 – 5)) and $100 000;

thus = 500 x the lesser of ($0.90 x 0 x  100 000) and $100 000;

thus = 500 x the lesser of $0 and $100 000;

thus = 500 x 0;

thus = $0.

Calculation of AOC for holding Z:

AOC = quantity of numbers x the lesser of BNC amount and $100 000;

thus = 10 000 x the lesser of ($0.90 x 1 x 10^(10 – 10)) and $100 000;

thus = 10 000 x the lesser of ($0.90 x 1 x 1) and $100 000;

thus = 10 000 x the lesser of $0.90 and $100 000;

thus = 10 000 x $0.90;

thus = $9 000.

Calculation of total AOC for the year for the carriage service provider:

AOC = AOC for holding Y + AOC for holding Z;

thus = $0 + $9 000;

thus = $9 000.


Notes to the Telecommunications (Annual Charge) Determination 2014

Note 1

The Telecommunications (Annual Charge) Determination 2014 (in force under subsections 20(1) and 22(2) of the Telecommunications (Numbering Charges) Act 1997) as shown in this compilation is amended as indicated in the Tables below.

Table of Instruments

Title

Date of notification
in Gazette or FRLI registration

Date of
commencement

Application, saving or
transitional provisions

Telecommunications (Annual Charge) Determination 2014

22 December 2014 (see F2014L01782)

1 April 2015

 

Telecommunications Numbering Plan (Consequential Amendments and Transitional Arrangements) Instrument 2015 (No. 1)

30 July 2015 (see F2015L01198)

1 August 2015

 

Table of Amendments

ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted

Provision affected

How affected

s.4

am. 2015 (No. 1).

s.5

am. 2015 (No. 1).

s.6

rs. 2015 (No. 1).