Telecommunications (Annual Carrier Licence Charge) Determination 2016 (Cth)

Telecommunications (Annual Carrier Licence Charge) Determination 2016

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    28 June 2016

Richard Bean
[signed]
Member

Brendan Byrne
[signed]
Member/General Manager

Australian Communications and Media Authority

1. Name of Determination

   This Determination is the Telecommunications (Annual Carrier Licence Charge) Determination 2016.

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 2016.

   Note 1:All legislative instruments and compilations are registered on the Federal Register of Legislation kept under the Legislation 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   This Determination ceases to have effect at the end of 30 June 2018 as if it had been repealed by another instrument.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 2015-2016 financial year.

5. Definitions and other interpretation

   (1)   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 TCPSS 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 2014 and ended on 30 June 2015.

   non-participating person has the same meaning as in the Telecommunications (Participating Persons) Determination 2015.

   TCPSS Act means the Telecommunications (Consumer Protection and Service Standards) Act 1999.

   Note:       A number of other expressions used in this Determination are defined in the Act, including the following:

   (a)     ACMA;

   (b)     carrier;

   (c)     carrier licence.

   (2)     In this Determination, unless the contrary intention appears, a reference to another legislative instrument is a reference to that other legislative instrument as in force 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: >

   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 $42,536,222.

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

OTC (other telecommunications costs) is $5,800,421.

Note:This amount relates to costs that:

(a)        are part of the proportion of the ACMA’s costs for the 2014–2015 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 2014–2015 financial year that is attributable to the ACMA’s telecommunications functions and powers is $23,372,539 — see section 5 of the Telecommunications (Specification of Costs by the ACMA) Determination 2016.)

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 2014–2015 financial year as assessed by the ACMA under subsection 47(1) of the TCPSS Act. 

TER (total eligible revenue) is $28,335,816,333.

Note:      This amount is the total sum of the eligible revenue of all the carriers named in Schedule 1 for the 2014–2015 financial year as assessed by the ACMA under subsection 47(1) of the TCPSS Act.    

Schedule 1          Eligible revenue for carrier

(section 7)

Item	Name of carrier	ACN/ARBN/ABN	Amount ($)
1	A.C.N 088 889 230 Pty Ltd	088 889 230		9,690,371
2	AAPT Limited	052 082 416		192,951,344
3	AARNet Pty Ltd	084 540 518		45,025,250
4	Adam Internet Pty Ltd	055 495 853		42,069,979
5	Agile Pty Ltd	080 855 321		129,571,894
6	Allegro Networks Pty Ltd	101 425 094		2,785,712
7	Amcom Pty Ltd	009 336 341		76,148,926
8	BigAir Cloud Managed Services Pty Ltd	118 033 051		5,895,479
9	BigAir Group Limited	098 572 626		21,024,000
10	Chime Communications Pty Ltd	073 119 285		219,331,346
11	Integrated Data Labs Pty Ltd	076 582 280		1,475,391
12	Intelligent IP Communications Pty Ltd	115 730 526		3,906,710
13	IPSTAR Australia Pty Ltd	107 338 901		41,128,374
14	Macquarie Telecom Pty Limited	082 930 916		70,618,121
15	New Skies Satellites Australia Pty Ltd	114 962 248		35,226,898
16	Nextgen Networks Pty Ltd	094 147 403		160,066,293
17	Nextgen Telecom (WA) Pty Ltd	103 173 440		9,348
18	Nextgen Telecom Pty Ltd	095 420 616		528,596
19	Office des Postes et Telecommunications	New Caledonia Government Entity		30,632,046
20	Optus Fixed Infrastructure Pty Limited  (formerly XYZed Pty Ltd)	092 450 783		8,227,391
21	Optus Mobile Pty Limited	054 365 696		4,346,048,966
22	Optus Networks Pty Limited	008 570 330		1,317,357,145
23	Orion Satellite Systems Pty Limited	103 918 832		2,708,469
24	Pipe International (Australia) Pty Ltd	123 898 215		17,513,419
25	Pipe Networks Pty Limited	099 104 122		91,699,619
26	Primus Telecommunications Pty Limited	071 191 396		278,955,330
27	Soul Pattinson Telecommunications Pty Limited	001 726 192		370,227,680
28	Telstra Corporation Limited	051 775 556		18,438,264,515
29	Telstra Multimedia Pty Limited	069 279 072		337,863,842
30	Transact Capital Communications Pty Ltd	093 966 888		45,912,897
31	Uecomm Pty Limited	079 083 195		101,780,370
32	Verizon Australia Pty Limited	081 001 194		33,112,209
33	Victorian Rail Track	ABN 55 047 316 805		30,159,639
34	Vividwireless Pty Ltd	137 696 461		28,502,566
35	Vocus Fibre Pty Ltd	150 260 156		33,410,970
36	Vodafone Australia Pty Limited	056 161 043		1,765,985,228
Total	28,335,816,333