Telecommunications Carrier Licence Charges (Annual Charges) Determination (No. 2) 2023 (Cth)
Telecommunications Carrier Licence Charges (Annual Charges) Determination (No. 2) 2023
The Australian Communications and Media Authority makes the following determination under subsection 14(1) of the Telecommunications (Carrier Licence Charges) Act 1997.
Dated: 7 December 2023
Adam Suckling
[signed]
Member
Brendan Byrne
[signed]
Member/General Manager
Australian Communications and Media Authority
1 Name
This is the Telecommunications Carrier Licence Charges (Annual Charges) Determination (No. 2) 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. 2) 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. 2) 2023 commences on 11 December 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This instrument is repealed at the start of 1 July 2025.
5 Application
This instrument applies to carrier licences that were in force at the beginning of the 2022-2023 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 2021 and ended on 30 June 2022.
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: 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: 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 column 2 of the table 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 column 2 of Schedule 1. In addition, the formula in subsection (4) applies to all the carriers named in column 2 of Schedule 2 (carriers who were also qualifying retail carriage service providers during the 2021-2022 financial year), and the formula in subsection (5) applies to all the carriers named in column 2 of 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 $27 086 074.
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. 2) 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. 2 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 2023, made by the Minister under paragraph 15(1)(d) of the Act.
OTC (other telecommunications costs) is $137 260.
Note:This amount relates to costs that:
(a) are part of the proportion of the ACMA’s costs for the 2021-2022 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 2021-2022 financial year that is attributable to the ACMA’s telecommunications functions and powers is $13 055 695 — see section 6 of the Telecommunications Carrier Licence Charges (Specification of Costs by the ACMA)Determination (No. 2) 2023). This figure includes the CSPA costs.
ER (eligible revenue), for the carrier, is the amount mentioned in column 4 of the row in the table in Schedule 1 in which the carrier’s name appears in column 2.
Note: This amount is the eligible revenue of the carrier for the 2021-22 eligible revenue period as assessed by the ACMA under subsection 47(1) of the TCPSS Act.
TER (total eligible revenue) is $24 830 979 887.
Note: This amount is the total sum of the eligible revenue of all the carriers named in Schedule 1 for the 2021-2022 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 $813 888.
Note: This amount is the portion of the costs incurred by the ACMA during the 2021-2022 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 amount mentioned in column 4 of the row in the table in Schedule 2 in which the QRCSP’s name appears in column 2.
Note: This amount is the eligible revenue of the carrier, who was also a QRCSP for the 2021-2022 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 2021-2022 financial year and their eligible revenue for the 2021-2022 eligible revenue period.
TERQRCSP (total eligible revenue of qualifying retail carriage service providers) is $19 610 597 163.
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 2021-2022 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 $1 837 902.
Note: This amount is the portion of the costs incurred by the ACCC during the 2021-2022 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) for the carrier, is the number listed in column 4 of the row in the table in Schedule 3 in which the carrier’s name appears in column 2.
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 the carriers named in column 2 of the table in Schedule 3, during the 2021-2022 financial year.
TFLC (total fixed line connections) is equal to 7 980 776.
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 the carriers named in column 2 of the table in Schedule 3, during the 2021-2022 financial year.
Schedule 1 Eligible revenue for carrier
(subsection 9(3))
Column 1 Column 2 Column 3 Column 4 Item Carrier name ACN/ABN Eligible Revenue 2021-22 1 AARNet Pty Ltd ACN 084 540 518 $54,764,165 2 Aussie Broadband Limited ACN 132 090 192 $129,925,061 3 Iridium Australia Licensee Pty Limited ACN 136 396 855 $27,733,264 4 Macquarie Technology Operations Pty Limited ACN 082 930 916 $87,128,623 5 NBN Co Limited ACN 136 533 741 $4,110,035,315 6 Nextgen Networks Pty Limited ACN 094 147 403 $86,238,850 7 O3b Teleport Services (Australia) Pty Ltd ACN 161 700 509 $65,693,673 8 Optus Fixed Infrastructure Pty Limited ACN 092 450 783 $14,497,495 9 Optus Mobile Pty Limited ACN 054 365 696 $4,171,385,861 10 Optus Satellite Network Pty Limited ACN 091 789 945 $155,052,966 11 Over the Wire Pty Ltd ACN 115 387 258 $41,701,918 12 Pivotel Group Pty Limited ACN 102 274 322 $45,342,885 13 Primus Telecommunications Pty Limited ACN 071 191 396 $192,517,971 14 Skiron OpCo Pty Limited ACN 166 751 784 $603,855 15 Superloop (Australia) Pty Ltd ACN 602 286 608 $81,077,123 16 Swoop Telecommunications Pty Ltd ACN 109 931 731 $29,900,616 17 Telstra Corporation Limited ACN 051 775 556 $12,083,376,936 18 Telstra Multimedia Pty Limited ACN 069 279 072 $106,585,052 19 TPG Telecom Limited ACN 096 304 620 $2,871,297,276 20 UEComm Operations Pty Limited ACN 093 504 100 $31,642,303 21 Uniti Group Limited ACN 158 957 889 $162,094,057 22 Victorian Rail Track ABN 55 047 316 805 $54,053,976 23 Vocus Fibre Pty Ltd ACN 150 260 156 $228,330,646 Total Eligible Revenue $24,830,979,887 Schedule 2 Eligible revenue for carrier/QRCSP
(subsection 9(4))
Column 1 Column 2 Column 3 Column 4 Item Carrier/QRCSP name ACN/ABN Amounts to determine percentage to be applied to CS Part A costs 1 Aussie Broadband Limited ACN 132 090 192 $129,925,061 2 Optus Mobile Pty Limited ACN 054 365 696 $4,171,385,861 3 Primus Telecommunications Pty Limited ACN 071 191 396 $192,517,971 4 Telstra Corporation Limited ACN 051 775 556 $12,083,376,936 5 TPG Telecom Limited ACN 096 304 620 $2,871,297,276 6 Uniti Group Limited ACN 158 957 889 $162,094,057 Total Eligible Revenue for QRCSPs $19,610,597,163 Schedule 3 Fixed line connections for carrier
(subsection 9(5))
Column 1 Column 2 Column 3 Column 4 Item Name of carrier ACN/ABN FLC 1 Telstra Corporation Limited 051 775 556 3,569,445 2 Optus Mobile Pty Limited 054 365 696 1,180,341 3 TPG Telecom Limited 096 304 620 1,949,422 4 Vocus Fibre Pty Ltd 150 260 156 593,994 5 Aussie Broadband Limited 132 090 192 515,987 6 Superloop (Australia) Pty Ltd 602 286 608 171,587 Total fixed line connections 7,980,776
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