Radiocommunications (Spectrum Access Charges 2.3 GHz Band) Determination 2013 (Cth)
Radiocommunications (Spectrum Access Charges — 2.3 GHz Band) Determination 2013
Radiocommunications Act 1992
The AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY makes this Determination under subsection 294 (1) of the Radiocommunications Act 1992.
Dated 21st November 2013
Chris Chapman
[signed]
Member
Chris Cheah
[signed] Member/General Manager
Australian Communications and Media Authority
Name of Determination
This Determination is the Radiocommunications (Spectrum Access Charges — 2.3 GHz Band) Determination 2013.
Commencement
This Determination commences on the day after it is registered.
Note All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See type="1">
Definitions
In this Determination:
Act means the Radiocommunications Act 1992.
geographic area means a geographic area specified in a spectrum licence within which operation of a radiocommunications device is authorised by the spectrum licence.
licence area means the area or aggregate of areas within which operation of a radiocommunications device is authorised by a spectrum licence.
Pricing Direction means the Radiocommunications (Spectrum Access Charges) Direction 2012 made under subsection 294 (2) of the Act by the Minister for Broadband, Communications and the Digital Economy dated 9 February 2012.
re-issue of a spectrum licence means the re-issue of a spectrum licence in accordance with subsection 82 (1) of the Act to the person to whom it was previously issued, authorising the operation of a radiocommunications device in the 2.3 GHz band.
2.3 GHz band means the frequency range 2302 MHz to 2400 MHz.
4. Population of a licence area or geographic area for a spectrum licence
(1) The population of a licence area for a spectrum licence mentioned in column 1 in the table in section 5, 6, 7, or 8 is the corresponding number mentioned in column 2.
(2) The population of a geographic area mentioned in column 1 in the table in section 9 or 10 is the corresponding number mentioned in column 2.
Note The population of a licence area or geographic area, for a spectrum licence, is the estimated number of people residing in the area to which the spectrum licence relates. In compliance with the Pricing Direction, the population of the licence area or geographic areas of a spectrum licence is, by this instrument, determined at the time the spectrum access charge for the re-issue of the spectrum licence is determined, having regard to available population data at the time this instrument is made.
5. Spectrum access charge payable by Telstra Corporation Limited
The amount of spectrum access charge payable by Telstra Corporation Limited (ACN 051 775 556) for the re-issue of a spectrum licence mentioned in column 1 in the following table is the corresponding amount mentioned in column 4.
Column 1
Licence number
Column 2
Population
of licence areaColumn 3
Bandwidth (MHz)
Column 4
Amount ($)
1939151 191,842 35 $201,434.10 Note In compliance with the Pricing Direction, the amount of spectrum access charge payable for the re-issue of a spectrum licence mentioned in the above table, or in the tables in sections 6 to 8, is calculated by multiplying the value of the spectrum in relation to the 2.3 GHz band (being $0.03/MHz/Pop) by the population of the licence area for the spectrum licence (as determined in accordance with subsection 4(1)) by the bandwidth for the spectrum licence (as mentioned in column 3). For example, in relation to licence number 1939151, the amount of spectrum access charge is calculated as follows:
$0.03 x 191,842 x 35 = $201,434.10
6. Spectrum access charges payable by BKAL Pty Ltd
The amount of spectrum access charge payable by BKAL Pty Ltd (ACN 105 833 681) for the re-issue of a spectrum licence mentioned in column 1 in the following table is the corresponding amount mentioned in column 4.
Column 1
Licence number
Column 2
Population
of licence areaColumn 3
Bandwidth (MHz)
Column 4
Amount ($)
8100134 433,183 70 $909,684.30 8100140 1,770,838 42 $2,231,255.88 8100141 1,770,838 14 $743,751.96 8100142 1,770,838 21 $1,115,627.94 8100146 1,321,334 35 $1,387,400.70 8100147 1,321,334 7 $277,480.14 8100148 1,321,334 42 $1,664,880.84 8100157 4,425,355 91 $12,081,219.15 8100163 2,089,600 91 $5,704,608.00 8100366 5,155,594 80.5 $12,450,759.51 8100367 5,155,594 10.5 $1,624,012.11 8100429 1,770,838 7 $371,875.98 7. Spectrum access charges payable by Optus Vision Investments Pty Limited
The amount of spectrum access charge payable by Optus Vision Investments Pty Limited (ACN 072 091 180) for the re-issue of a spectrum licence mentioned in column 1 in the following table is the corresponding amount mentioned in column 4.
Column 1
Licence number
Column 2
Population
of licence areaColumn 3
Bandwidth (MHz)
Column 4
Amount ($)
9346037 1,347,513 7 $282,977.73 9346038 1,347,513 7 $282,977.73 9346039 2,198,052 7 $461,590.92 8100022 1,770,838 7 $371,875.98 8100024 1,770,838 7 $371,875.98 8. Spectrum access charges payable by Ausgrid
The amount of spectrum access charge payable by Ausgrid (ABN 67 505 337 385) for the re-issue of a spectrum licence mentioned in column 1 in the following table is the corresponding amount mentioned in column 4.
Column 1
Licence number
Column 2
Population
of licence areaColumn 3
Bandwidth (MHz)
Column 4
Amount ($)
8100349
5,155,594 7 $1,082,674.74 8100396 173,768 7 $36,491.28
Spectrum access charge payable by NBN Co Spectrum Pty Ltd
The amount of spectrum access charge payable by NBN Co Spectrum Pty Ltd (ACN 094 085 024) for the re-issue of spectrum licence number 9000000 is $20,502,919.71, calculated by adding together the amounts for each geographic area. The amount for a geographic area mentioned in column 1 in the following table is the corresponding amount mentioned in column 4.
Column 1
Geographic area
Column 2
Population
of geographic
areaColumn 3
Bandwidth (MHz)
Column 4
Amount ($)
Geographic Area 1 27,911 98 $82,058.34 Geographic Area 2 30,856 98 $90,716.64 Geographic Area 3 6,527,154 98 $19,189,832.76 Geographic Area 4 26,178 84 $65,968.56 Geographic Area 5 173,768 91 $474,386.64 Geographic Area 6 72,495 91 $197,911.35 Geographic Area 7 12,122 91 $33,093.06 Geographic Area 8 10,240 91 $27,955.20 Geographic Area 9 1,209 91 $3,300.57 Geographic Area 10 26 91 $70.98 Geographic Area 11 13,280 91 $36,254.40 Geographic Area 12 95,147 91 $259,751.31 Geographic Area 13 19,819 70 $41,619.90 Note In compliance with the Pricing Direction, the amount of spectrum access charge payable for the re-issue of a spectrum licence mentioned in section 9 or 10 is calculated by multiplying the value of the spectrum in relation to the 2.3 GHz band (being $0.03/MHz/Pop) by the population of each geographic area for the spectrum licence (as determined in accordance with subsection 4(2)) by the bandwidth for each geographic area (as mentioned in column 3), and adding together the amounts worked out for each geographic area.
10. Spectrum access charge payable by NBN Co Limited
The amount of spectrum access charge payable by NBN Co Limited (ACN 136 533 741) for the re-issue of spectrum licence number 9000001 is $2,074,470.09, calculated by adding together the amounts for each geographic area. The amount for each geographic area mentioned in column 1 in the following table is the corresponding amount mentioned in column 4.
Column 1
Geographic area
Column 2
Population
of geographic
areaColumn 3
Bandwidth (MHz)
Column 4
Amount ($)
Geographic Area 1 404,405 98 $1,188,950.70 Geographic Area 2 11,942 98 $35,109.48 Geographic Area 3 115,135 63 $217,605.15 Geographic Area 4 28,580 63 $54,016.20 Geographic Area 5 268,848 63 $508,122.72 Geographic Area 6 76,925 28 $64,617.00 Geographic Area 7 7,201 28 $6,048.84 11. When spectrum access charge is payable
A spectrum access charge fixed by this Determination for the re-issue of a spectrum licence is payable on or before 30 April 2014.
12. Expiry
This Determination ceases to have effect at the end of 24 July 2015 as if it had been repealed by another instrument.
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