Telecommunications (Annual Carrier Licence Charge) Determination 2012 (Cth)
Telecommunications (Annual Carrier Licence Charge) Determination 2012
Telecommunications (Carrier Licence Charges) Act 1997
The AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY makes this Determination under subsection 14 (1) of the Telecommunications (Carrier Licence Charges) Act 1997.
Dated 18th May 2012
Chris Chapman
[signed]
Member
Richard Bean
[signed]
Member/General Manager
Australian Communications and Media Authority
Name of Determination
This Determination is the Telecommunications (Annual Carrier Licence Charge) Determination 2012.
Commencement
This Determination commences on the later of:
(a) the day after it is registered; and
(b) the day after the commencement of the Telecommunications (Specification of Costs by ACMA) Determination 2012.
Note 1: All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See 2: Both of these events must occur before this Determination commences.
Application
This Determination imposes carrier licence charges on carrier licences that were in force at the beginning of the 2011-2012 financial year.
Definitions
In this Determination:
ACMA means the Australian Communications and Media Authority.
Act means the Telecommunications (Carrier Licence Charges) Act 1997.
carrier licence charge means charge within the meaning of Part 3 of the Act.
eligible revenue period has the same meaning as in the Telecommunications (Consumer Protection and Service Standards) Act 1999.
exempt carrier licence means a carrier licence that was:
(a)in force at the beginning of the 2011-2012 financial year; and
(b)held by a carrier that was a USO non-participating person for the eligible revenue period that began on 1 July 2010 and ended on 30 June 2011.
USO non-participating person has the same meaning as in the Telecommunications (Participating Persons) Determination 2011 (No. 1).
Carrier licence charge – exempt carrier licence
The amount of carrier licence charge imposed on an exempt carrier licence is $0.
6 Method of ascertaining carrier licence charge – other carrier licences
(1)This section applies to a carrier licence in force at the beginning of the 2011-2012 financial year that is not an exempt carrier licence.
(2)The amount of carrier licence charge imposed on a carrier licence, in relation to a carrier mentioned in an item in Schedule 1, is ascertained using the formula:
(MCA - OTC) × ER TER
where:
MCA (maximum charge amount) is $38 228 949 being the total sum of the amounts determined under subsection 15 (1) of the Act.
OTC (other telecommunications charge) is $175 290.
Note This is the amount of the ACMA’s costs for the 2010–2011 financial year that:
(a) is attributable to the ACMA’s telecommunications functions and powers; and
(b) has been recovered from telecommunications charges other than annual carrier licence charges.
(The amount of the ACMA’s costs for the 2010–2011 financial year that is attributable to the ACMA’s telecommunications functions and powers is $21 694 047 — see section 4 of the Telecommunications (Specification of Costs by ACMA) Determination 2012.)
ER (eligible revenue), for the carrier, is the amount mentioned in the item in Schedule 1.
Note This amount is the carrier’s eligible revenue for the 2010–2011 financial year as assessed by the ACMA under subsection 20F (1) of the Telecommunications (Consumer Protection and Service Standards) Act 1999.
TER (total eligible revenue) is $28 723 977 798.
Note This amount is the sum of the eligible revenue for the 2010–2011 financial year for each carrier mentioned in Schedule 1. Carriers who held an exempt carrier licence are not mentioned in Schedule 1.
Schedule 1 Eligible revenue for carrier
(section 6)
| Item | Name of carrier | ACN/ARBN | Amount ($) | |
| 1 | A.C.N. 088 889 230 Pty Ltd | 088 889 230 | $9,759,099 | |
| 2 | AAPT Limited | 052 082 416 | $328,491,331 | |
| 3 | AARNet Pty Ltd | 084 540 518 | $37,238,357 | |
| 4 | Agile Pty Ltd | 080 855 321 | $75,269,941 | |
| 5 | Amcom Pty Ltd | 009 336 341 | $58,135,931 | |
| 6 | Blubroadband Pty Ltd | 122 495 158 | $0 | |
| 7 | Broadband Wireless Pty Ltd | 096 428 634 | $1,109,959 | |
| 8 | Central Coast Internet Pty Limited | 073 222 536 | $292,117 | |
| 9 | Chime Communications Pty Ltd | 073 119 285 | $247,156,483 | |
| 10 | Digital Distribution Australia Pty Ltd | 093 095 419 | $31,071,011 | |
| 11 | Digital Technologies & Telecommunications Pty Limited | 081 278 677 | $219,636 | |
| 12 | Fibre Optic Infrastructure Holdings Pty Ltd | 112 450 058 | $815,850 | |
| 13 | Fortana Networks Australia Pty Ltd | 139 492 765 | $968,310 | |
| 14 | Freecor International Pty Limited | 007 065 527 | $0 | |
| 15 | Inmarsat Leasing (Two) Limited | Registered in England & Wales | $38,323,127 | |
| 16 | Integrity Network Solutions Pty Ltd | 092 987 669 | $219,636 | |
| 17 | Leading Edge Internet Pty Limited | 096 764 617 | $361,362 | |
| 18 | Macquarie Telecom Network Carrier Services Pty Limited | 093 640 450 | $92,503,609 | |
| 19 | NetWave Communications Pty Ltd | 118 975 581 | $329,456 | |
| 20 | New Skies Satellites Australia Pty Ltd | 114 962 248 | $32,283,577 | |
| 21 | Nextgen Networks Pty Limited | 094 147 403 | $108,729,331 | |
| 22 | Nextgen Telecom (WA) Pty Ltd | 103 173 440 | $204,236 | |
| 23 | Nextgen Telecom Pty Ltd | 095 420 616 | $6,211,372 | |
| 24 | NURV Telecom Pty Ltd | 125 922 689 | $815,848 | |
| 25 | On Q Networks Pty Ltd | 131 879 975 | $271,637 | |
| 26 | Optus Mobile Pty Limited | 054 365 696 | $4,680,281,339 | |
| 27 | Optus Networks Pty Limited | 008 570 330 | $1,460,532,540 | |
| 28 | Optus Vision Pty Limited | 066 518 821 | $0 | |
| 29 | Pipe International (Australia) Pty Ltd | 123 898 215 | $37,475,536 | |
| 30 | PIPE Networks Pty Limited | 099 104 122 | $44,220,804 | |
| 31 | PowerTel Limited | 001 760 103 | $0 | |
| 32 | Primus Telecommunications Pty Limited | 071 191 396 | $123,916,504 | |
| 33 | Puddlenet Pty Ltd | 114 619 975 | $50,222 | |
| 34 | RP 25 Pty Ltd | 108 218 328 | $132,544 | |
| 35 | Select Communications (Australia) Pty Ltd | 135 742 219 | $0 | |
| 36 | Soul Pattinson Telecommunications Pty Limited | 001 726 192 | $246,712,513 | |
| 37 | Spartan Information Technology Pty Ltd | 127 980 018 | $102,692 | |
| 38 | Splash Internet Pty Ltd | 140 938 307 | $45,367 | |
| 39 | Telstra Corporation Limited | 051 775 556 | $17,133,209,279 | |
| 40 | Telstra Multimedia Pty Limited | 069 279 072 | $276,386,363 | |
| 41 | TransACT Capital Communications Pty Ltd | 093 966 888 | $51,842,579 | |
| 42 | Uecomm Operations Pty Limited | 093 504 100 | $0 | |
| 43 | Uecomm Pty Limited | 079 083 195 | $163,876,187 | |
| 44 | Verizon Australia Pty Limited | 081 001 194 | $66,911,984 | |
| 45 | Vodafone Australia Pty Limited | 056 161 043 | $970,632,343 | |
| 46 | Vodafone Hutchison Australia Pty Limited | 096 304 620 | $2,389,147,037 | |
| 47 | Voice1Direct Pty Ltd | 143 730 465 | $0 | |
| 48 | Wobygong Pty Ltd | 099 880 805 | $0 | |
| 49 | XYZed Pty Ltd | 092 450 783 | $7,720,749 | |
| Total | $28,723,977,798 | |||
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