Radiocommunications (Spectrum Access Charges – 3.4 GHz Band) Determination 2021 (Cth)

Radiocommunications (Spectrum Access Charges – 3.4 GHz Band) Determination 2021

The Australian Communications and Media Authority makes the following determination under subsection 294(1) of the Radiocommunications Act 1992.

Dated: 22 March 2021

Creina Chapman

[signed]

Member

Brendan Byrne

[signed]

Member/General Manager

Australian Communications and Media Authority

1  Name

This is the Radiocommunications (Spectrum Access Charges – 3.4 GHz Band) Determination 2021.

2  Commencement

This instrument commences on the day after the day it is registered on the Federal Register of Legislation.

Note:    The Federal Register of Legislation may be accessed free of charge at Authority

This instrument is made under subsection 294(1) of the Radiocommunications Act 1992.

Note:          See the Radiocommunications (Spectrum Access Charges – 3.4 GHz Band) Direction 2020.

4  Repeal of this instrument

This instrument is repealed at the end of 31 December 2030.

5  Definitions

In this instrument:

acceptance form has the meaning given by section 4 of the conversion plan.

Act means the Radiocommunications Act 1992.

conversion plan means the Radiocommunications (3.4 GHz Band) Spectrum Conversion Plan 2021, as in force on the day it commenced.

inner-metropolitan spectrum licence has the meaning given by subsection 16(1) of the conversion plan.

NBN Co means NBN Co Limited (ACN 136 533 741), as the company exists from time to time (even if its name is later changed).

outer-metropolitan and regional spectrum licence has the meaning given by subsection 16(2) of the conversion plan.

Note 1:       The term spectrum access charge is defined in the Act.

Note 2:       In this instrument, conversion plan has a different meaning than the definition in the Act.

6  References to other instruments

In this instrument, unless the contrary intention appears:

(a)  a reference to any other legislative instrument is a reference to that other legislative instrument as in force from time to time; and

(b)  a reference to any other kind of instrument or writing is a reference to that other instrument or writing as in force or existing 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.

Note 3: See section 314A of the Act.

7  Spectrum access charge – inner-metropolitan spectrum licence

(1)  The spectrum access charge for issuing the inner-metropolitan spectrum licence to NBN Co is:

(a)  if the licence is no longer in force at the start of the first anniversary of the day it came into force – nil; or

(b)  if the licence is still in force at the start of the first anniversary of the day it came into force – $226,441,720.

(2)  The spectrum access charge (if any) for issuing the inner-metropolitan spectrum licence is payable on the first anniversary of the day the licence came into force.

8  Spectrum access charge – outer-metropolitan and regional spectrum licence

(1)  The spectrum access charge for issuing the outer-metropolitan and regional spectrum licence to NBN Co is $57,146,840.

(2) If NBN Co does not elect for subsection (3) to apply, the spectrum access charge for issuing the outer-metropolitan and regional spectrum licence is payable on the day occurring one week after the day mentioned in paragraph 56(2)(c) of the Act for the offer of the licence.

(3)  If NBN Co elects, in accordance with section 9, for this subsection to apply, the spectrum access charge for issuing the outer-metropolitan and regional spectrum licence is payable at the following times:

(a) an amount of $5,714,684 is payable on the day occurring one week after the day mentioned in paragraph 56(2)(c) of the Act for the offer of the licence;

(b)  an amount of $5,714,684 is payable on each anniversary of the day the licence came into force, until a total of $57,146,840 has been paid.

Note:          This provides for 10 instalments. If the outer-metropolitan and regional spectrum licence is issued, it will be issued in 2021. In accordance with the conversion plan, the licence will cease to be in force not later than the end of 13 December 2030. The last instalment will therefore be payable in 2030.

9  Election – outer-metropolitan and regional spectrum licence

(1)  NBN Co may elect for subsection 8(3) to apply by:

(a)  providing written notice to the ACMA that subsection 8(3) is to apply; and

(b) giving that notice to the ACMA at any time on or before the day mentioned in paragraph 56(2)(c) of the Act for the offer of the licence.

Note: The election cannot be made after the day mentioned in paragraph 56(2)(c) of the Act.

(2)  NBN Co may use the acceptance form to give that notice to the ACMA.