Telecommunications (Annual Carrier Licence Charge) Determination 2018 (Cth)
Telecommunications (Annual Carrier Licence Charge) Determination 2018
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: 17 December 2018
Nerida O’Loughlin
[signed]
Member
Chris Jose
[signed]
Member/General Manager
Australian Communications and Media Authority
Name of Determination
This is the Telecommunications (Annual Carrier Licence Charge) Determination 2018.
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 2018.
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.
Repeal of this Determination
This Determination is repealed at the end of 30 June 2020.
Application
This Determination applies to carrier licences that were in force at the beginning of the 2017-2018 financial year.
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 2016 and ended on 30 June 2017.
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 $35 638 454.
Note:This amount is the total sum of the amounts determined under subsection 15(1) of the Act.
OTC (other telecommunications costs) is $3 960 751.
Note:This amount relates to costs that:
(a) are part of the proportion of the ACMA’s costs for the 2016–2017 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 2016–2017 financial year that is attributable to the ACMA’s telecommunications functions and powers is $18 264 770 — see section 6 of the Telecommunications (Specification of Costs by the ACMA) Determination 2018.)
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 2016–2017 financial year as assessed by the ACMA under subsection 47(1) of the TCPSS Act.
TER (total eligible revenue) is $27 360 752 445.
Note: This amount is the total sum of the eligible revenue of all the carriers named in Schedule 1 for the 2016–2017 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 AARNet Pty Ltd 084 540 518 $52,617,491 2 Allegro Networks Pty Ltd 101 425 094 $3,899,716 3 BigAir Cloud Managed Services Pty Ltd 118 033 051 $2,175,342 4 BigAir Group Pty Limited 098 572 626 $20,683,132 5 Caprock Communications (Australia) Pty Ltd 114 449 857 $3,182,685 6 Chime Communications Pty Ltd 073 119 285 $480,559,685 7 Integrated Data Labs Pty Ltd 076 582 280 $1,208,361 8 Intelligent IP Communications Pty Ltd 115 730 526 $4,621,338 9 iPSTAR Australia Pty Ltd 107 338 901 $36,976,966 10 Macquarie Telecom Pty Limited 082 930 916 $75,697,479 11 NBN Co Limited 136 533 741 $260,322,023 12 New Skies Satellites Australia Pty Ltd 114 962 248 $18,474,709 13 Nextgen Networks Pty Limited 094 147 403 $129,417,318 14 O3B Teleport Services (Australia) Pty Ltd 161 700 509 $21,087,589 15 Optus Fixed Infrastructure Pty Limited 092 450 783 $26,413,436 16 Optus Mobile Pty Limited 054 365 696 $4,073,922,958 17 Optus Networks Pty Limited 008 570 330 $914,153,389 18 Optus Satellite Network Pty Limited 091 789 945 $212,049,494 19 Orion Satellite Systems Pty Limited 103 918 832 $2,366,358 20 Primus Telecommunications Pty Limited 071 191 396 $306,397,864 21 Satellite Communications Australia Pty Ltd 111 968 793 $28,533,203 22 Soul Pattinson Telecommunications Pty Limited 001 726 192 $723,339,850 23 Superloop (Australia) Pty Ltd 602 286 608 $4,542,905 24 Telstra Corporation Limited 051 775 556 $17,722,534,056 25 Telstra Multimedia Pty Limited 069 279 072 $104,291,637 26 Uecomm Operations Pty Limited 093 504 100 $74,495,843 27 Victorian Rail Track 55 047 316 805 $32,128,104 28 Vividwireless Pty Ltd 137 696 461 $28,420,149 29 Vocus Fibre Pty Ltd 150 260 156 $50,788,350 30 Vodafone Australia Pty Limited 056 161 043 $1,945,451,015 Total
$27,360,752,445
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