Exemption from Industry Development Plan Requirements (No. 1 of 2001) (Cth)

COMMONWEALTH OF AUSTRALIA

Telecommunications Act 1997

EXEMPTION FROM INDUSTRY DEVELOPMENT PLAN REQUIREMENTS (NO. 1 OF 2001)

I, RICHARD KENNETH ROBERT ALSTON, Minister for Communications, Information Technology and the Arts, under subclause 5(1) of Schedule 1 to the Telecommunications Act 1997 (‘the Act’), determine that Part 2 of Schedule 1 to the Act does not apply in relation to:

(a) a carrier in relation to which the Australian Communications Authority (‘the ACA’) has previously made an assessment of its eligible revenue for an eligible revenue period under Division 13 of Part 2 of the Telecommunications (Consumer Protection and Service Standards) Act 1999 where:

(i) the carrier’s eligible revenue as shown in the most recent levy assessment made by the ACA under section 20U of the Telecommunications (Consumer Protection and Service Standards) Act 1999 is less than $5,000,000; and

(ii)        the carrier has an annual capital expenditure of less than $20,000,000;

(b) a carrier in relation to which the ACA has not made an assessment of its eligible revenue for an eligible revenue period under Division 13 of Part 2 of the Telecommunications (Consumer Protection and Service Standards) Act 1999 where:

(i)the carrier’s estimated eligible revenue is less than $5,000,000; and

(ii)the carrier’s estimated annual capital expenditure is less than $20,000,000;

(c)a carrier that is primarily engaged in the direct provision of carriage services to tertiary education institutions, research institutions, schools or other educational and/or research institutions or establishments; or

(d)a carrier that has entered into a Memorandum of Understanding in connection with the Strategic Partnership Industry Development Agreements program (‘SPIDA program’) or a carrier that had previously entered into a Memorandum of Understanding in connection with the Partnerships for Development program and the carrier has transferred to the SPIDA program by means of a certificate of transfer.

In this Determination:

annual capital expenditure, in relation to a carrier, means the figure attributable to expenditure of a capital nature by the carrier as advised to the ACA and reflected in the carrier’s audited financial statements for a financial year.

eligible revenue for an eligible revenue period  has the same meaning as given by section 20B of the Telecommunications (Consumer Protection and Service Standards) Act 1999.

eligible revenue period has the same meaning as given by section 20C of the Telecommunications (Consumer Protection and Service Standards) Act 1999.

estimated eligible revenue means the projected eligible revenue of a carrier as advised by the carrier to the ACA in respect of the first financial year of its operations as a carrier under the Act.

estimated capital expenditure, in relation to a carrier, means the projected figure attributable to expenditure of a capital nature by the carrier as advised to the ACA in respect of the first financial year of its operations as a carrier under the Act.

school means:

(a)    a school or similar institution at which full-time primary education or full-time secondary education, or both, is or are provided; or

(b)   a school or similar institution at which education is provided that includes full-time primary education or full-time secondary education or both;

which is accepted for registration as a school by a State or Territory.

tertiary education institution has the same meaning as given by subsection 23(11) of the Telecommunications Act 1997.

Dated 24 September 2001

RICHARD ALSTON

Minister for Communications,

Information Technology and the Arts