Telecommunications (Facility Installation Permit Application Charge) Determination 2006 (Cth)

Telecommunications (Facility Installation Permit — Application Charge) Determination 2006

Australian Communications and Media Authority Act 2005

The AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY makes this Determination under subsection 60 (1) of the Australian Communications and Media Authority Act 2005.

Dated    22 June 2006

Chris Chapman (signed)

Chairman

Lyn Maddock (signed)

Deputy Chair

Australian Communications and Media Authority

1. Name of Determination

This Determination is the Telecommunications (Facility Installation Permit — Application Charge) Determination 2006.

1. Commencement

This Determination commences on 1 July 2006.

1. Revocation

The Telecommunications (Facility Installation Permit — Application Charge) Determination 2004 is revoked.

1. Definitions

In this Determination:

ACMA Act means the Australian Communications and Media Authority Act 2005.

Telecommunications Act means the Telecommunications Act 1997.

Note The following expressions used in this Determination are defined in the Telecommunications Act:

·ACMA

·carrier

·facility installation permit.

1. Purpose of this Determination

(1)   Under subsection 60 (1) of the ACMA Act, ACMA may make determinations fixing charges for:

(a)    services provided by ACMA; and

(b) any matter in relation to which expenses are incurred by ACMA under the Acts specified in the subsection (including the Telecommunications Act).

(2) Clause 21 of Schedule 3 to the Telecommunications Act provides that a carrier may apply to ACMA for a permit authorising the carrier to carry out the installation of 1 or more facilities. Such a permit is called a facility installation permit.

(3) Clause 23 of Schedule 3 to the Telecommunications Act provides that an application for a facility installation permit must be accompanied by the charge (if any) fixed by a determination under section 60 of the ACMA Act in relation to so much of ACMA’s expenses in connection with dealing with the application as do not relate to the conduct of a public inquiry in relation to the permit.

1. Charges

(1)   The charge, or the hourly rate of charge, for a matter mentioned in column 2 of an item in Schedule 1 is the amount mentioned in column 3 of the item.

(2)   If:

(a)    a deposit is paid under item 1 of Schedule 1; and

(b)    1 or more amounts are paid under item 2 of Schedule 1;

the amounts paid under paragraph (b) will be deducted from the deposit, and any remaining amount will be refunded.

1. By whom and when is the charge payable

(1)   A deposit mentioned in item 1 of Schedule 1 is payable by the applicant when the application is made.

(2)   An hourly rate of charge mentioned in item 2 of Schedule 1 is payable by the applicant on the issue to the applicant of an invoice for the charge.

Schedule 1        Charges payable

(subsection 6 (1))

Column 1 Item	Column 2 Matter	Column 3 Charge
1	Deposit to accompany an application for a facility installation permit	$5 370.00
2	Charge for activities of ACMA staff in connection with dealing with an application for a facility installation permit that do not relate to the conduct of a public inquiry in relation to the permit	$148.00 for each hour or part of an hour