Telecommunications (Annual Carrier Licence Charge) Determination 2017 (Cth)

Telecommunications (Annual Carrier Licence Charge) Determination 2017

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: 25 July 2017

Richard Bean

[signed]
Member

James Cameron

[signed]
Member/General Manager

1. Name of Determination

This is the Telecommunications (Annual Carrier Licence Charge) Determination 2017.

1. Commencement

This Determination commences on the later of:

(a)   the start of the day after it is registered on the Federal Register of Legislation; and

(b)   the commencement of the Telecommunications (Specification of Costs by the ACMA) Determination 2017.

Note 1:    The Federal Register of Legislation may be accessed at

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

3              Authority

This instrument is made under subsection 14(1) of the Telecommunications (Carrier Licence Charges) Act 1997.

1. Repeal of this Determination

This Determination is repealed at the end of 30 June 2019.

1. Application

This Determination applies to carrier licences that were in force at the beginning of the 2016-2017 financial year.

1. Definitions

(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 5.

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 2015 and ended on 30 June 2016.

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.

(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 available on the Federal Register of Legislation: type="1">

Carrier licence charge – exempt carrier licence

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

8              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 $39,274,253.

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

OTC (other telecommunications costs) is $6,650,385.

Note:This amount relates to costs that:

(a)        are part of the proportion of the ACMA’s costs for the 2015–2016 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 2015–2016 financial year that is attributable to the ACMA’s telecommunications functions and powers is $21,054,894 — see section 5 of the Telecommunications (Specification of Costs by the ACMA) Determination 2017.)

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 2015–2016 financial year as assessed by the ACMA under subsection 47(1) of the TCPSS Act. 

TER (total eligible revenue) is $28,009,463,290.

Note:      This amount is the total sum of the eligible revenue of all the carriers named in Schedule 1 for the 2015–2016 financial year as assessed by the ACMA under subsection 47(1) of the TCPSS Act.    

Schedule 1          Eligible revenue for carrier

(section 8)

Item	Name of carrier	ACN/ARBN/ABN	Amount ($)
1	AAPT Ltd	052 082 416		$207,861,854
2	AARNet Pty Ltd	084 540 518		$40,332,370
3	Adam Internet Pty Ltd	055 495 853		$42,069,980
4	Agile Pty Ltd	080 855 321		$129,571,894
5	Allegro Networks Pty Ltd	101 425 094		$3,096,144
6	Amcom Pty Ltd	009 336 341		$85,264,169
7	BigAir Cloud Managed Services Pty Ltd	118 033 051		$3,855,631
8	BigAir Group Limited	098 572 626		$20,032,681
9	Chime Communications Pty Ltd	073 119 285		$219,331,346
10	FirstPath Pty Ltd	145 209 383		$644,074
11	Integrated Data Labs Pty Ltd	076 582 280		$1,590,092
12	Intelligent IP Communications Pty Ltd	115 730 526		$4,286,401
13	iPSTAR Australia Pty Ltd	107 338 901		$42,338,363
14	Macquarie Telecom Pty Ltd	082 930 916		$72,963,653
15	Nextgen Networks Pty Ltd	094 147 403		$149,162,430
16	Nextgen Telecom Pty Ltd	095 420 616		$535,833
17	Nextgen Telecom (WA) Pty Ltd	103 173 440		$9,348
18	Optus Fixed Infrastructure Pty Ltd	092 450 783		$5,922,855
19	Optus Mobile Pty Ltd	054 365 696		$4,439,077,429
20	Optus Networks Pty Ltd	008 570 330		$956,372,531
21	Optus Satellite Network Pty Ltd	091 789 945		$279,454,398
22	Orion Satellite Systems Pty Ltd	103 918 832		$2,439,254
23	Pipe Networks Pty Ltd	099 104 122		$83,045,923
24	Primus Telecommunications Pty Ltd	071 191 396		$271,545,746
25	Satellite Communications Australia Pty Ltd	111 968 793		$37,031,354
26	Soul Pattinson Telecommunications Pty Ltd	001 726 192		$375,598,439
27	Telstra Corporation Ltd	051 775 556		$18,344,518,155
28	Telstra Multimedia Pty Ltd	069 279 072		$110,051,702
29	TransACT Capital Communications Pty Ltd	093 966 888		$45,912,897
30	Uecomm Pty Ltd	079 083 195		$85,296,407
31	Verizon Australia Pty Ltd	081 001 194		$28,951,208
32	Victorian Rail Track	047 316 805		$30,949,487
33	Vividwireless Pty Ltd	137 696 461		$28,149,223
34	Vocus Fibre Pty Ltd	150 260 156		$43,603,064
35	Vodafone Australia Pty Ltd	056 161 043		$1,666,544,077
36	Vodafone Hutchinson Australia Pty Ltd	096 304 620		$152,052,878
Total			$28,009,463,290