Telecommunications (Annual Carrier Licence Charge) Determination 2019 (Cth)
Telecommunications (Annual Carrier Licence Charge) Determination 2019
Telecommunications (Carrier Licence Charges) Act 1997
The AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY makes the following determination under subsection 14(1) of the Telecommunications (Carrier Licence Charges) Act 1997.
Dated: 5 December 2019
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 2019.
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 2019.
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 Determination 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This Determination is repealed at the end of 30 June 2021.
Application
This Determination applies to carrier licences that were in force at the beginning of the 2018-2019 financial year.
Definitions
(1) In this Determination:
ACCC means the Australian Competition and Consumer Commission.
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 2017 and ended on 30 June 2018.
MBA means the Measuring Broadband Australia program conducted by the ACCC to monitor and report on the performance of fixed line broadband services delivered over the National Broadband Network (NBN).
NBN fixed line connection means a fixed line broadband service delivered over the NBN fixed line network.
Note: The NBN fixed line network is part of the NBN but does not include a fixed wireless network or satellite access network.
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.
test segment means a class of broadband service that is tested in accordance with specified conditions under the MBA.
(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 equal to the sum of the amount ascertained using the formula in subsection 8(3) and the amount ascertained using the formula in subsection 8(4).
(3) The amount for the purposes of this subsection is ascertained using the formula:
(MCA - OTC) × ER TER where:
MCA (maximum charge amount excluding the MBA amount) is $29 727 515.
Note:This amount is the total sum of the amounts determined under subsection 15(1) of the Act, excluding the portion of the amount determined by the ACCC under paragraph 15(1)(b) of the Act that relates to the MBA.
OTC (other telecommunications costs) is $75 754.
Note:This amount relates to costs that:
(a) are part of the proportion of the ACMA’s costs for the 2017–2018 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).
(The amount determined to be the proportion of the ACMA’s costs for the 2017–2018 financial year that is attributable to the ACMA’s telecommunications functions and powers is $13 473 497 — see section 6 of the Telecommunications (Specification of Costs by the ACMA) Determination 2019.)
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 2017–2018 financial year as assessed by the ACMA under subsection 47(1) of the TCPSS Act.
TER (total eligible revenue) is $27 511 479 689.
Note: This amount is the total sum of the eligible revenue of all the carriers named in Schedule 1 for the 2017–2018 financial year as assessed by the ACMA under subsection 47(1) of the TCPSS Act.
(4)The amount for the purpose of this subsection is ascertained using the formula:
where:
APC (annual program costs) is equal to $1 531 854.
Note: This amount is the portion of the costs incurred by the ACCC during the 2017-2018 financial year, as determined by the ACCC under paragraph 15(1)(b), that are attributable to the MBA.
FLC (fixed line connections) is the number listed for each participating person in an item in Schedule 2.
Note: The FLC figure for each participating person is derived from information provided by the ACCC about the number of NBN fixed line connections operated in a test segment which are attributable to participating persons during the 2017-2018 financial year.
TFLC (total fixed line connections) is equal to 3 657 807.
Note: This figure is derived from information provided by the ACCC about the total number of NBN fixed line connections operated in a test segment that are attributable to participating persons during the 2017-2018 financial year.
Schedule 1 Eligible revenue for carrier
(section 8)
Item Name of carrier ACN/ARBN Amount 1 AARNet Pty Ltd 084 540 518 52,440,563 2 Allegro Networks Pty Ltd 101 425 094 3,308,574 3 BigAir Cloud Managed Services Pty Ltd 118 033 051 2,291,262 4 BigAir Group Pty Limited 098 572 626 18,031,536 5 Caprock Communications (Australia) Pty Ltd 114 449 857 3,720,122 6 Chime Communications Pty Ltd 073 119 285 460,971,006 7 Integrated Data Labs Pty Ltd 076 582 280 657,288 8 Intelligent IP Communications Pty Ltd 115 730 526 4,506,737 9 Macquarie Telecom Pty Limited 082 930 916 73,527,484 10 nbn co Limited 136 533 741 1,167,918,916 11 New Skies Satellites Australia Pty Ltd 114 962 248 16,592,420 12 Nextgen Networks Pty Limited 094 147 403 130,307,636 13 NuSkope Pty Ltd 125 849 149 6,047,292 14 O3B Teleport Services (Australia) Pty Ltd 161 700 509 37,054,101 15 Optus Fixed Infrastructure Pty Limited 092 450 783 21,034,886 16 Optus Mobile Pty Limited 054 365 696 4,336,262,691 17 Optus Networks Pty Limited 008 570 330 1,027,310,147 18 Optus Satellite Network Pty Limited 091 789 945 166,785,565 19 Pivotel Group Pty Limited 102 274 322 28,894,512 20 Primus Telecommunications Pty Limited 071 191 396 229,552,318 21 Soul Pattinson Telecommunications Pty Limited 001 726 192 787,800,578 22 Speedcast Australia Pty Limited 159 524 553 24,350,579 23 Superloop (Australia) Pty Ltd 602 286 608 6,575,515 24 Telstra Corporation Limited 051 775 556 16,458,916,721 25 Telstra Multimedia Pty Limited 069 279 072 69,018,857 26 Uecomm Pty Limited 079 083 195 66,224,168 27 Verizon Australia Pty Limited 081 001 194 25,793,185 28 Victorian Rail Track 047 316 805 35,879,217 29 Vividwireless Pty Ltd 137 696 461 44,132,676 30 Vocus Fibre Pty Ltd 150 260 156 181,985,801 31 Vodafone Australia Pty Limited 056 161 043 2,023,587,336 Total Eligible Revenue
27,511,479,689 Schedule 2 Fixed line connections for carrier
(section 8)
Item Name of carrier ACN/ARBN FLC 1 Chime Communications Pty Ltd 073 119 285 316,416 2 Optus Mobile Pty Limited 054 365 696 535,525 3 Soul Pattinson Telecommunications Pty Limited 001 726 192 540,755 4 Telstra Corporation Limited 051 775 556 1,918,061 5 Vocus Fibre Pty Ltd 150 260 156 337,956 6 Vodafone Australia Pty Limited 056 161 043 9,094 Total Fixed Line Connections 3,657,807
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