Radiocommunications (Spectrum Access Charges — 3.4 GHz Band) Determination 2015 (No. 3) (Cth)

Radiocommunications (Spectrum Access Charges — 3.4 GHz Band) Determination 2015 (No.3)

Radiocommunications Act 1992

The AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY makes this Determination under subsection 294(1) of the Radiocommunications Act 1992.

Dated:   29^th October 2015        

Chris Chapman
[signed]
Member

Richard Bean
[signed]
Member/General Manager

Australian Communications and Media Authority

1. Name of Determination

   This Determination is the Radiocommunications (Spectrum Access Charges — 3.4 GHz Band) Determination 2015 (No.3).

2. 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             Expiry

   This Determination expires at the end of 30 June 2016, as if it had been repealed by another instrument.

   1. Definitions

      (1)   In this Determination:

      3.4 GHz band means the range of frequencies between 3425–3492.5 MHz and 3542.5–3575 MHz.

      Act means the Radiocommunications Act 1992.

      licence area means the area 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.

      re-issue of a spectrum licence means the re-issue of a spectrum licence in accordance with subsection 82(1) of the Act.

      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

      ·   radiocommunications device

      ·   spectrum licence.

      (2)     Unless the contrary intention appears, an expression used in this Determination and in the Pricing Direction has the same meaning in this Determination as it has in the Pricing Direction.

      Note        A link to the Pricing Direction is available on the ACMA’s website. See

   5.             Population of a licence area for a spectrum licence

   The population of a licence area for a spectrum licence mentioned in column 1 in the table in section 6 is the corresponding number mentioned in column 2.

   Note        The population of a licence 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 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.

   6.             Spectrum access charge payable by Telstra Corporation Ltd

   The amount of spectrum access charge payable by Telstra Corporation Limited (ACN 051 775 556) for the re-issue of a spectrum licence with a licence number 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 area	Column 3 Bandwidth (MHz)	Column 4 Amount ($)
   1137650	184,098	17.5	$96,651.45
   1137651	184,098	17.5	$96,651.45
   1137652	194,539	17.5	$102,132.97
   1137653	194,539	17.5	$102,132.97
   1137654	120,278	14	$50,516.76
   1137655	120,278	14	$50,516.76
   1137656	198,734	14	$83,468.28
   1137657	198,734	14	$83,468.28
   1137658	465,405	14	$195,470.10
   1137659	465,405	14	$195,470.10
   1137660	116,128	17.5	$60,967.20
   1137661	116,128	17.5	$60,967.20
   1137662	277,683	17.5	$145,783.57
   1137663	277,683	17.5	$145,783.57
   1137664	138,786	14	$58,290.12
   1137665	138,786	14	$58,290.12
   1137666	269,980	14	$113,391.60
   1137667	269,980	14	$113,391.60
   1137668	1,417,269	14	$595,252.98
   1137669	1,417,269	7	$297,626.49
   1137671	1,417,269	7	$297,626.49
   1137672	1,937,432	17.5	$1,017,151.80
   1137673	1,937,432	17.5	$1,017,151.80

   Note 1     In compliance with the Pricing Direction, the amount of spectrum access charge payable for the re-issue of a spectrum licence mentioned in the table is calculated by multiplying the unit value of the spectrum in relation to the 3.4 GHz band ($0.03/MHz/Pop) by the bandwidth authorised for use in the spectrum licence and then multiplying that amount by the population of the licence area for the spectrum licence, determined by the ACMA.  For example, in relation to the spectrum licence with licence number 1137658 which authorises the use of 14.0 MHz of spectrum, the amount of spectrum access charge is calculated as follows:

   $0.03 x 14.0 MHz x 465,405 persons = $195,470.10

   Note 2      Column 3 is included for information only.

   7.             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 27 November 2015.