Telecommunications Universal Service Obligation (Eligible Revenue) Amendment Determination 2005 (No. 1) (Cth)

Telecommunications Universal Service Obligation (Eligible Revenue) Amendment Determination 2005 (No. 1)

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

Dated    15 June 2005

A. HORSLEY

Chair

G.W. LUTHER

Member

Australian Communications Authority

1. Name of Determination

This Determination is the Telecommunications Universal Service Obligation (Eligible Revenue) Amendment Determination 2005 (No. 1).

1. Commencement

This Determination commences on the day after it is registered.

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]           Subsection 3 (2)

omit

1 July 2003 and subsequent eligible revenue periods.

insert

1 July 2003.

[2]           After subsection 3 (2)

insert

(3)   This Determination, as amended by the Telecommunications Universal Service Obligation (Eligible Revenue) Amendment Determination 2005 (No. 1) applies to the eligible revenue period beginning on 1 July 2004 and subsequent eligible revenue periods.

[3]           Section 28

substitute

1. Deductions from gross telecommunications sales revenue — infrastructure revenue

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

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

(i)    the construction or installation of the infrastructure of a telecommunications network on the network side of the boundary of a telecommunications network; or

(ii)    the management of the construction or installation of the infrastructure of a telecommunications network on the network side of the boundary of a telecommunications network; and

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

(c)    the participating person wishes to deduct.

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

(2)   Also deduct each amount of telecommunications sales revenue that:

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

(i)    the construction or installation of the infrastructure of a telecommunications network on the network side of the boundary of a telecommunications network; or

(ii)    the management of the construction or installation of the infrastructure of a telecommunications network on the network side of the boundary of a telecommunications network; and

(b)    the participating person has multiplied by the declared related party factor for the declared related party; and

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

(d)    the participating person wishes to deduct.

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

(3)   Also deduct each amount of telecommunications sales revenue that:

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

(i)    the maintenance of the infrastructure of a telecommunications network on the network side of the boundary of a telecommunications network; or

(ii)    the management of the maintenance of the infrastructure of a telecommunications network on the network side of the boundary of a telecommunications network; and

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

(c)    the participating person wishes to deduct.

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

(4)   Also deduct each amount of telecommunications sales revenue that:

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

(i)    the maintenance of the infrastructure of a telecommunications network on the network side of the boundary of a telecommunications network; or

(ii)    the management of the maintenance of the infrastructure of a telecommunications network on the network side of the boundary of a telecommunications network; and

(b)    the participating person has multiplied by the declared related party factor for the declared related party; and

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

(d)    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   Section 28 does not allow for the deduction of revenue earned from the leasing of infrastructure, or from the supply of a service using infrastructure.