Telecommunications Universal Service Obligation (Eligible Revenue) Amendment Determination 2004 (No. 1) (Cth)

Telecommunications Universal Service Obligation (Eligible Revenue) Amendment Determination 2004 (No. 1)

The AUSTRALIAN COMMUNICATIONS AUTHORITY makes this Determination under subsection 20B (1) of the Telecommunications (Consumer Protection and Service Standards) Act 1999.

Dated      22   June  2004  R HORTON   Chair  &nbsp ;     A HORSLEY   Deputy Chair

Australian Communications Authority

1. Name of Determination

This Determination is the Telecommunications Universal Service Obligation (Eligible Revenue) Amendment Determination 2004 (No. 1).

1. Commencement

This Determination commences on 23 June 2004.

1. Amendment of Telecommunications Universal Service Obligation (Eligible Revenue) Determination 2003

Schedule 1 amends the Telecommunications Universal Service Obligation (Eligible Revenue) Determination 2003.

Schedule 1          Amendments

(section 3)

[1]          Section 3

substitute

1. Application

(1)This Determination, as in force immediately before the commencement of the Telecommunications Universal Service Obligation (Eligible Revenue) Amendment Determination 2004 (No. 1), applies to the eligible revenue period beginning on 1 July 2002.

(2)This Determination, as amended by the Telecommunications Universal Service Obligation (Eligible Revenue) Amendment Determination 2004 (No. 1), applies to the eligible revenue period beginning on 1 July 2003 and subsequent eligible revenue periods.

[2]          Subparagraphs 9 (1) (a) (i) and (b) (i)

omit

another

insert

a

[3]          Paragraph 22 (1) (a)

omit

, or a consolidated related party in relation to the participating person,

[4]          After subsection 22 (1), including the notes

insert

(1A)Deduct each amount of telecommunications sales revenue that:

(a)was earned by a consolidated related party in relation to the participating person, from an act that was:

(i)carried out in a place outside Australia; and

(ii)part of the consolidated related party’s activities outside Australia in the telecommunications industry; and

(b)is part of the participating person’s gross telecommunications sales revenue; and

(c)the participating person wishes to deduct.

Note 1   A participating person is not required to deduct an amount from its gross telecommunications sales revenue.

Note 2   Although satellites, cables and other facilities may be located outside Australia, their use may be related to the participating person’s Australian operations. Revenue earned from these operations would not generally be deductible.

[5]          Subparagraph 22 (2) (a) (ii)

omit

participating person’s

insert

declared related party’s

[6]          Subsection 22 (3)

after

subsection (1)

insert

, (1A)

[7]          Paragraph 24 (1) (a)

substitute

(a)was earned by the participating person, or a consolidated related party in relation to the participating person, from:

(i)selling, installing, insuring, repairing or maintaining customer equipment; or

(ii)renting customer equipment to a customer; and

[8]          Paragraph 24 (2) (a)

substitute

(a)was earned by a declared related party in relation to the participating person from:

(i)selling, installing, insuring, repairing or maintaining customer equipment; or

(ii)renting customer equipment to a customer; and