Telecommunications (Facility Installation Permit Public Inquiry Charges) Determination 2007 (Cth)

Telecommunications (Facility Installation Permit — Public Inquiry Charges) Determination 2007

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   9^th February   2007

CHRIS CHAPMAN (Signed)

Chair

LYN MADDOCK (Signed)

Deputy Chair

Australian Communications and Media Authority

1. Name of Determination

This Determination is the Telecommunications (Facility Installation Permit — Public Inquiry Charges) Determination 2007.

1. Commencement

This Determination commences on 1 July 2007.

1. Revocation

The Telecommunications (Facility Installation Permit — Public Inquiry Charges) Determination 2006 is revoked.

1. Interpretation

(1)   In this Determination:

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

ACMA staff:

(a)    means the persons employed by ACMA who are bound by:

(i) an Agreement certified under section 170LJ of the Workplace Relations Act 1996; or

(ii)    an Australian Workplace Agreement;

including the Chair and other ACMA members appointed under section 20 of the ACMA Act; but

(b)    does not include associate members of ACMA appointed under section 24 of the ACMA Act.

other expenses includes, but is not limited to, the following:

(a)    daily payments to Associate Members under a Determination made by the Remuneration Tribunal;

(b)    travel costs and allowances to both Associate Members and ACMA staff;

(c)    transcript costs;

(d)    legal costs;

(e)    consultant costs;

(f)    costs associated with the hire of venues for public hearings.

Note   Other expenses are mentioned in item 3 of Schedule 1.

public inquiry means a public inquiry held by ACMA under subclause 25 (2) of Schedule 3 to the Telecommunications Act.

Telecommunications Act means the Telecommunications Act 1997.

(2) Terms used in this Determination and in the Telecommunications Act have the same meaning in this Determination as they have in the Telecommunications Act.

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) Subclause 25 (2) of Schedule 3 to the Telecommunications Act provides that ACMA must not issue a facility installation permit unless ACMA has held a public inquiry in relation to the permit.

(4)   For subsection 60 (1) of the ACMA Act, this Determination fixes the charges for holding a public inquiry in relation to an application for a facility installation permit.

Note Under subclause 25 (5) of Schedule 3 to the Telecommunications Act, clause 23 of that Schedule does not prevent a charge being fixed in relation to the holding of a public inquiry about a facility installation permit application.

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 or 3 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 charge mentioned in item 1 of Schedule 1 is payable by the applicant within 7 days of the applicant being notified by ACMA of the intention to hold a public inquiry under clause 25 of Schedule 3 to the Telecommunications Act in relation to the facility installation permit application.

(2)   A charge, or hourly rate of charge, mentioned in item 2 or 3 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 payable on account of the expenses to be incurred by ACMA in relation to the holding of the public inquiry	$44 280
2	Charges for activities of ACMA staff in relation to the holding of the public inquiry	$164 for each hour or part of an hour
3	Any other expenses incurred by ACMA not included in item 1 or 2 in relation to the holding of the public inquiry	The costs incurred by ACMA