Telecommunications (Annual Carrier Licence Charge) Determination 2015 (Cth)

Telecommunications (Annual Carrier Licence Charge) Determination 2015

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 7^th July 2015

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 2015.

2. 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 the ACMA) Determination 2015.

   Note 1:All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See

   Note 2:  Both of the events mentioned in section 2 must occur before this Determination commences.

3. Cessation

   This Determination ceases to have effect at the end of 30 June 2017 as if it had been repealed by another instrument.

4. Application

   This Determination applies to carrier licences that were in force at the beginning of the 2014-2015 financial year.

5. 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 TUSMA Act.

   Note: Notwithstanding the repeal of the TUSMA Act on commencement of Part 4 of Schedule 1 to the Telecommunications Legislation Amendment (Deregulation) Act 2015 (the Deregulation Act), the TUSMA Act continues in force subject to that Part and the modifications set out in the table following sub-item 151(2) of Part 4 of Schedule 1 to the Deregulation Act, as if that repeal had not happened (see item 151 of Part 4 of Schedule 1 to the Deregulation Act).

   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 2013 and ended on 30 June 2014.

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

   TUSMA Act means the Telecommunications Universal Service Management Agency Act 2012.

6. 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 $44,226,554.

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

OTC (other telecommunications costs) is $5,573,385.

Note: This amount relates to costs that:

(a)        are part of the proportion of the ACMA’s costs for the 2013–2014 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 that 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 2013–2014 financial year that is attributable to the ACMA’s telecommunications functions and powers is $19 860 799 — see section 5 of the Telecommunications (Specification of Costs by the ACMA) Determination 2015.)

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 2013–2014 financial year as assessed by the ACMA under subsection 96(1) of the TUSMA Act. Assessments of eligible revenue for the 2013-14 financial year continue to have effect notwithstanding the repeal of the TUSMA Act – see sub-item 151(2) of Part 4 of Schedule 1 to the Telecommunications Legislation Amendment (Deregulation) Act 2015. 

TER (total eligible revenue) is $27 762 384 927.

Note:   This amount is the total sum of the eligible revenue of all the carriers named in Schedule 1 for the 2013–2014 financial year as assessed by the ACMA under subsection 96(1) of the TUSMA Act.  Assessments of eligible revenue for the 2013-14 financial year continue to have effect notwithstanding the repeal of the TUSMA Act – see sub-item 151(2) of Part 4 of Schedule 1 to the Telecommunications Legislation Amendment (Deregulation) Act 2015. 

Schedule 1          Eligible revenue for carrier

(section 7)

Item	Name of carrier	ACN/ARBN/ABN	Amount ($)
1	A.C.N. 088 889 230 Ltd	088 889 230		10,296,007
2	AAPT Ltd	052 082 416		196,514,785
3	AARNet Pty Ltd	084 540 518		43,486,086
4	Adam Internet Pty Ltd	055 495 853		35,266,441
5	Agile Pty Ltd	080 855 321		117,028,690
6	Allegro Networks Pty Ltd	101 425 094		3,652,670
7	Amcom Pty Ltd	009 336 341		76,920,788
8	BigAir Cloud Managed Services Pty Ltd (formerly Anittel Communications Pty Ltd)	118 033 051		2,918,580
9	BigAir Group Ltd	098 572 626		24,217,418
10	Chime Communications Pty Ltd	073 119 285		231,882,194
11	Intelligent IP Communications Pty Ltd	115 730 526		3,585,122
12	iPSTAR Australia Pty Ltd	107 338 901		40,060,583
13	Macquarie Telecom Pty Ltd	082 930 916		79,878,216
14	New Skies Satellites Australia Pty Ltd	114 962 248		26,318,307
15	Nextgen Networks Pty Ltd	094 147 403		170,731,144
16	Nextgen Telecom (WA) Pty Ltd	103 173 440		9,349
17	Nextgen Telecom Pty Ltd	095 420 616		553,891
18	Optus Mobile Pty Ltd	054 365 696		3,928,537,254
19	Optus Networks Pty Ltd	008 570 330		1,643,159,437
20	Pipe International (Australia) Pty Ltd	123 898 215		16,452,522
21	Pipe Networks Pty Ltd	099 104 122		81,318,512
22	Primus Telecommunications Pty Ltd	071 191 396		201,295,715
23	Soul Pattinson Telecommunications Pty Ltd	001 726 192		301,152,320
24	Telstra Corporation Ltd	051 775 556		17,882,238,173
25	Telstra Multimedia Pty Ltd	069 279 072		345,248,074
26	Transact Capital Communications Pty Ltd	093 966 888		47,745,098
27	Uecomm Pty Ltd	079 083 195		119,180,964
28	Verizon Australia Pty Ltd	081 001 194		36,608,293
29	Victorian Rail Track	ABN 55 047 316 805		28,773,831
30	Vividwireless Pty Ltd	137 696 461		30,769,041
31	Vodafone Australia Pty Ltd	056 161 043		1,919,436,785
32	Vodafone Hutchinson Australia Pty Ltd	096 304 620		106,165,631
33	XYZed Pty Ltd	092 450 783		10,983,006
Total	$27 762 384 927