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

Australian Communications and Media Authority

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This Determination ceases to have effect at the end of 30 June 2018 as if it had been repealed by another instrument.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:

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)