Telecommunications (Annual Carrier Licence Charge) Determination 2014 (Cth)

Telecommunications (Annual Carrier Licence Charge) Determination 2014

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 30^th June 2014

Chris Chapman

[signed]
Member

Richard Bean

[signed]
Member/General Manager

Australian Communications and Media Authority

1. Name of Determination

This Determination is the Telecommunications (Annual Carrier Licence Charge) Determination 2014.

1. Commencement

This Determination commences on the later of:

(a)   the day after it is registered; and

(b)   the commencement of the Telecommunications (Specification of Costs by ACMA) Determination 2014.

Note 1:All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See align="left">Note 2:  Both of the events mentioned in section 2 must occur before this Determination commences.

1. Cessation

This Determination ceases to have effect at the end of 30 June 2016 as if it had been repealed by another instrument.

1. Application

This Determination applies to carrier licences that were in force at the beginning of the 2013-2014 financial year.

1. Definitions

In this Determination:

Act means the Telecommunications (Carrier Licence Charges) Act 1997.

carrier licence means a carrier licence to which this Determination applies, as provided by section 4.

carrier licence charge means a charge within the meaning of Part 3 of the Act.

eligible revenue period has the same meaning as in the Telecommunications Universal Service Management Agency Act 2012.

exempt carrier licence means a carrier licence that was held by a carrier that was a non-participating person for the eligible revenue period that began on 1 July 2012 and ended on 30 June 2013.

non-participating person has the same meaning as in the Telecommunications (Participating Persons) Determination 2013 (No. 2).

1. Carrier licence charge – exempt carrier licence

The amount of carrier licence charge imposed on an exempt carrier licence is $0.

7              Method of ascertaining carrier licence charge – other carrier licences

(1)This section applies to a carrier licence that is not an exempt carrier licence.

(2)The amount of carrier licence charge imposed on a carrier licence, in relation to a carrier named in an item in Schedule 1, is ascertained using the formula:

(MCA - OTC) ×	ER
	TER

where:

MCA (maximum charge amount) is $43 242 160.

Note:This amount is the total sum of the amounts determined under subsection 15(1) of the Act.

OTC (other telecommunications costs) is $4 939 132.

Note: This amount relates to costs that:

(a)        are part of the proportion the ACMA’s costs for the 2012–2013 financial year that is attributable to the ACMA’s telecommunications functions and powers; and

(b)        have been recovered from telecommunications charges (other than annual carrier licence charges) or the ACMA considers are not appropriate to recover from carriers because of the nature of the activities with which the costs are associated.

(The amount determined to be the proportion of the ACMA’s costs for the 2012–2013 financial year that is attributable to the ACMA’s telecommunications functions and powers is $19 399 168 — see section 5 of the Telecommunications (Specification of Costs by ACMA) Determination 2014.)

ER (eligible revenue), for the carrier, is the corresponding amount mentioned in the item in Schedule 1.

Note: This amount is the eligible revenue of the carrier for the 2012–2013 financial year as assessed by the ACMA under subsection 96 (1) of the Telecommunications Universal Service Management Agency Act 2012.

TER (total eligible revenue) is $27 719 648 085.

Note:   This amount is the total sum of the eligible revenue of all the carriers named in Schedule 1 for the 2012–2013 financial year as assessed by the ACMA under subsection 96 (1) of the Telecommunications Universal Service Management Agency Act 2012.

Schedule 1        Eligible revenue for carrier

(section 7)

Item	Name of carrier	ACN/ARBN/ABN	Amount ($)
1	AAPT Limited	052 082 416		$202 330 146
2	AARNet Pty Ltd	084 540 518		$39 380 725
3	A.C.N. 088 889 230 Pty Ltd	088 889 230		$11 432 378
4	Adam Internet Pty Ltd	055 495 853		$33 161 045
5	Agile Pty Ltd	080 855 321		$111 076 765
6	Amcom Pty Ltd	009 336 341		$73 520 627
7	Chime Communications Pty Ltd	073 119 285		$168 822 520
8	Datafast Telecommunications Pty Ltd	086 295 963		$28 125 312
9	Digital Distribution Australia Pty Limited	093 095 419		$32 130 160
10	Ipstar Australia Pty Ltd	107 338 901		$33 380 184
11	Macquarie Telecom Pty Limited	082 930 916		$87 579 592
12	New Skies Satellites Australia Pty Ltd	114 962 248		$32 664 404
13	Nextgen Networks Pty Limited	094 147 403		$156 755 339
14	Nextgen Telecom Pty Ltd	095 420 616		$738 170
15	Nextgen Telecom (WA) Pty Ltd	103 173 440		$16 992
16	Optus Mobile Pty Limited	054 365 696		$4 104 643 511
17	Optus Networks Pty Limited	008 570 330		$1 764 037 216
18	Pipe International (Australia) Pty Ltd	123 898 215		$17 378 429
19	PIPE Networks Pty Limited	099 104 122		$82 907 999
20	Primus Telecommunications Pty Limited	071 191 396		$198 592 910
21	Soul Pattinson Telecommunications Pty Limited	001 726 192		$293 350 820
22	Telstra Corporation Limited	051 775 556		$17 408 233 915
23	Telstra Multimedia Pty Limited	069 279 072		$328 723 336
24	TransACT Capital Communications Pty Ltd	093 966 888		$48 238 112
25	Uecomm Pty Limited	079 083 195		$134 775 039
26	Unwired Australia Pty Limited	094 107 589		$2 527 644
27	Verizon Australia Pty Limited	081 001 194		$44 365 191
28	Victorian Rail Track	55 047 316 805		$30 587 740
29	Vividwireless Pty Ltd	137 696 461		$23 524 853
30	Vodafone Australia Pty Limited	056 161 043		$1 840 238 468
31	Vodafone Hutchison Australia Pty Limited	096 304 620		$382 022 519
32	XYZed Pty Ltd	092 450 783		$4 386 024
Total	$27 719 648 085