Telecommunications Carrier Licence Charges (Annual Charges) Determination (No. 1) 2023 (Cth)
Telecommunications Carrier Licence Charges (Annual Charges) Determination (No. 1) 2023
The Australian Communications and Media Authority makes the following determination under subsection 14(1) of the Telecommunications (Carrier Licence Charges) Act 1997.
Dated: 18 May 2023
James Cameron
[signed]
Member
Cathy Rainsford
[signed]
Member/General Manager
Australian Communications and Media Authority
1 Name
This is the Telecommunications Carrier Licence Charges (Annual Charges) Determination (No. 1) 2023.
2 Commencement
(1) This instrument commences on the later of:
(a) the start of the day after the day it is registered on the Federal Register of Legislation; and
(b) immediately after the commencement of the Telecommunications Carrier Licence Charges (Specification of Costs by the ACMA) Determination (No. 1) 2023.
Note 1: The Federal Register of Legislation may be accessed free of charge at 2: The Telecommunications Carrier Licence Charges (Specification of Costs by the ACMA) Determination (No. 1) 2023 commences on 23 May 2023.
(2) However, this instrument does not commence at all unless both of the events mentioned in paragraphs (1)(a) and (b) occur.
3 Authority
This instrument is made under subsection 14(1) of the Telecommunications (Carrier Licence Charges) Act 1997.
4 Repeal of this instrument
This instrument is repealed at the start of 1 July 2024.
5 Application
This instrument applies to carrier licences that were in force at the beginning of the 2021-2022 financial year.
6 Definitions
In this instrument:
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 instrument applies, as provided by section 5.
carrier licence charge means a charge within the meaning of Part 3 of the Act.
CSPA (or Consumer Safeguards Part A) means the program of work undertaken by the ACMA to enhance analysis, transparency and reporting of telecommunications complaints data.
eligible revenue has the same meaning as in the TCPSS 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 2020 and ended on 30 June 2021.
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.
Note: The Telecommunications (Participating Persons) Determination 2015 is available, free of charge, on the Federal Register of Legislation: align="left">qualifying retail carriage service provider or QRCSP has the same meaning as in the Telecommunications (Consumer Complaints) Record-Keeping Rules 2018.
Note: The Telecommunications (Consumer Complaints) Record-Keeping Rules 2018 are available, free of charge, on the Federal Register of Legislation: align="left">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.
Note: The following expressions used in this instrument are defined in the Act:
(a) ACMA’s telecommunications functions;
(b) ACMA’s telecommunications powers.
7 References to other instruments
In this instrument, unless the contrary intention appears:
(a) a reference to any other legislative instrument is a reference to that other legislative instrument as in force from time to time; and
(b) a reference to any other kind of instrument is a reference to that other instrument as in force at the commencement of this instrument.
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.
8 Carrier licence charge – exempt carrier licence
The amount of carrier licence charge imposed on an exempt carrier licence is $0.
9 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 amounts ascertained using the formulas in subsections (3) to (5), as applicable.
Note: The formula in subsection (3) applies to all the carriers named in Schedule 1. In addition, the formula in subsection (4) applies to all the carriers named in Schedule 2 (carriers who were also qualifying retail carriage service providers during the 2020-2021 financial year), and the formula in subsection (5) applies to all the carriers named in Schedule 3.
(3) The amount for the purposes of this subsection is ascertained using the formula:
where:
MCA (maximum charge amount, excluding costs relating to the CSPA and the MBA) is $27 818 133.
Note:This amount is the total sum of the amounts determined under subsection 15(1) of the Act as specified in the following instruments, excluding costs relating to the CSPA and the MBA:
(a)the Telecommunications Carrier Licence Charges (Specification of Costs by the ACMA)Determination (No. 1) 2023, made by the ACMA under paragraphs 15(1)(a), (c) and (ca) of the Act (excluding the portion of the amount determined by the ACMA under paragraph 15(1)(a) that relates to the CSPA);
(b)the Determination under paragraph 15(1)(b) No. 1 of 2023, made by the ACCC under paragraph 15(1)(b) of the Act (excluding the portion of the amount that relates to the MBA); and
(c)the Telecommunications (Carrier Licence Charges) (Paragraph 15(1)(d)) Determination 2022 (No. 1), made by the Minister under paragraph 15(1)(d) of the Act.
OTC (other telecommunications costs) is $180 494.
Note:This amount relates to costs that:
(a) are part of the proportion of the ACMA’s costs for the 2020–2021 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 2020–2021 financial year that is attributable to the ACMA’s telecommunications functions and powers is $15 123 299 — see section 6 of the Telecommunications Carrier Licence Charges (Specification of Costs by the ACMA)Determination (No. 1) 2023). This figure includes the CSPA costs.
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 2020–2021 eligible revenue period as assessed by the ACMA under subsection 47(1) of the TCPSS Act.
TER (total eligible revenue) is $23 534 902 117.
Note: This amount is the total sum of the eligible revenue of all the carriers named in Schedule 1 for the 2020–2021 eligible revenue period as assessed by the ACMA under subsection 47(1) of the TCPSS Act.
(4) The amount for the purposes of this subsection is ascertained using the formula:
where:
CSPA (Consumer Safeguards Part A) program cost is equal to $1 456 349.
Note: This amount is the portion of the costs incurred by the ACMA during the 2020-2021 financial year, as determined by the ACMA under paragraph 15(1)(a) of the Act, that relates to the CSPA.
ERQRCSP (eligible revenue of qualifying retail carriage service provider), for the QRCSP, is the corresponding amount mentioned in the item in Schedule 2.
Note: This amount is the eligible revenue of the carrier, who was also a QRCSP for the 2020–2021 financial year, as assessed by the ACMA under subsection 47(1) of the TCPSS Act. Schedule 2 lists each carrier who was also a QRCSP in the 2020-2021 financial year and their eligible revenue for the 2020-2021 eligible revenue period.
TERQRCSP (total eligible revenue of qualifying retail carriage service providers) is $19 208 904 445.
Note: This amount (specified in Schedule 2) is the total sum of the eligible revenue of all the carriers who were also QRCSPs for the 2020–2021 financial year, as assessed by the ACMA under subsection 47(1) of the TCPSS Act.
(5) The amount for the purpose of this subsection is ascertained using the formula:
where:
APC (annual program costs) is equal to $1 640 116.
Note: This amount is the portion of the costs incurred by the ACCC during the 2020-2021 financial year, as determined by the ACCC under paragraph 15(1)(b) of the Act, that are attributable to the MBA.
FLC (fixed line connections) is the number listed for each carrier in an item in Schedule 3.
Note: The FLC figure for each carrier 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 carriers during the 2020-2021 financial year.
TFLC (total fixed line connections) is equal to 7 774 053.
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 carriers during the 2020-2021 financial year.
Schedule 1 Eligible revenue for carrier
(section 9)
Item Carrier name ACN / ABN Eligible Revenue Amount 2020-21 1 AARNet Pty Ltd ACN 084 540 518 $57,768,561 2 Aussie Broadband Pty Ltd ACN 132 090 192 $93,083,132 3 Capital Fibre Networks Pty Ltd ACN 619 334 002 $595,324 4 Iridium Australia Licensee Pty Limited ACN 136 396 855 $26,773,908 5 LBN Co Pty Ltd ACN 073 226 114 $19,302,717 6 Link Us Pty Ltd ACN 604 463 710 $3,666,900 7 Macquarie Telecom Pty Limited ACN 082 930 916 $85,424,266 8 NBN Co Limited ACN 136 533 741 $3,234,380,291 9 New Skies Satellites Australia Pty Ltd ACN 114 962 248 $24,952,523 10 Nextgen Networks Pty Limited ACN 094 147 403 $75,351,202 11 O3b Teleport Services (Australia) Pty Ltd ACN 161 700 509 $77,947,900 12 OPENetworks Pty Ltd ACN 118 525 821 $5,972,582 13 Opticomm Ltd ACN 117 414 776 $81,859,542 14 Optus Fixed Infrastructure Pty Ltd ACN 092 450 783 $5,079,218 15 Optus Mobile Pty Ltd ACN 054 365 696 $4,206,336,571 16 Optus Satellite Network Pty Ltd ACN 091 789 945 $150,282,888 17 Over the Wire Pty Ltd ACN 115 387 258 $40,144,610 18 Pivotel Group Pty Ltd ACN 102 274 322 $45,077,763 19 Primus Telecommunications Pty Limited ACN 071 191 396 $195,234,733 20 Skiron OpCo Pty Ltd ACN 166 751 784 $583,728 21 Superloop (Australia) Pty Ltd ACN 602 286 608 $42,381,087 22 Telstra Corporation Limited ACN 051 775 556 $11,859,233,827 23 Telstra Multimedia Pty Limited ACN 069 279 072 $47,863,735 24 TPG Telecom Limited ACN 096 304 620 $2,855,016,182 25 UEComm Operations Pty Limited ACN 093 504 100 $40,342,617 26 Uniti Group Limited ACN 158 957 889 $6,315,911 27 Victorian Rail Track Corporation ABN 55 047 316 805 $48,074,958 28 Vocus Fibre Pty Ltd ACN 150 260 156 $205,855,440 Total Eligible Revenue $23,534,902,117 Schedule 2 Eligible revenue for carrier/QRCSP
(section 9)
Item Carrier/QRCSP name ACN/ABN Amounts to determine percentage to be applied to Consumer Safeguards Part A costs 1 Aussie Broadband Pty Ltd ACN 132 090 192 $93,083,132 2 Optus Mobile Pty Ltd ACN 054 365 696 $4,206,336,571 3 Primus Telecommunications Pty Ltd ACN 071 191 396 $195,234,733 4 Telstra Corporation Ltd ACN 051 775 556 $11,859,233,827 5 TPG Telecom Ltd ACN 096 304 620 $2,855,016,182 Total Eligible Revenue for QRCSPs $19,208,904,445 Schedule 3 Fixed line connections for carrier
(section 9)
Item Name of carrier ACN/ABN FLC 1 Telstra Corporation Ltd ACN 051 775 556 3,563,444 2 Optus Mobile Pty Ltd ACN 054 365 696 1,279,095 3 TPG Telecom Ltd ACN 096 304 620 1,963,989 4 Vocus Fibre Pty Ltd ACN 150 260 156 562,816 5 Aussie Broadband Pty Ltd ACN 132 090 192 363,135 6 Superloop (Australia) Pty Ltd ACN 602 286 608 41,574 Total fixed line connections 7,774,053
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