Radiocommunications (Spectrum Access Charges — 2 GHz Band) Determination 2016

Radiocommunications (Spectrum Access Charges — 2 GHz Band) Determination 2016

made under subsection 294(1) of the

Radiocommunications Act 1992

Compilation No. 1

Compilation date:    4 November 2016

Includes amendments up to: F2016L01704

Prepared by the Australian Communications and Media Authority

About this compilation

This compilation

This is a compilation of the Radiocommunications (Spectrum Access Charges – 2 GHz Band) Determination 2016 that shows the text of the law as amended and in force on 4 November 2016 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law.  Any uncommenced amendments affecting the law are accessible on the Federal Register of Legislation (www.legislation.gov.au).  The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes.  For more information on any uncommenced amendments, see the series page on the Federal Register of Legislation for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law.  Accordingly, this compilation does not show the text of the compiled law as modified.  For more information on any modifications, see the series page on the Federal Register of Legislation for the compiled law.

Self-repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

1. Name of Determination

  This Determination is the Radiocommunications (Spectrum Access Charges — 2 GHz Band) Determination 2016.

2. Commencement

  This Determination commences on the day after it is registered.

Note  All legislative instruments and compilations are registered on the Federal Register of Legislation kept under the Legislation Act 2003. See http://www.legislation.gov.au.

3. Expiry

This Determination expires at the end of 11 October 2017, as if it had been repealed by another instrument.

4. Definitions

 (1) In this Determination:

2 GHz band means the range of frequencies between 1920–1980 MHz and 2110–2170 MHz.

Act means the Radiocommunications Act 1992.

licence area means the area within which operation of a radiocommunications device is authorised by a spectrum licence.

Pricing Direction means the Radiocommunications (Spectrum Access Charges) Direction 2012 made under subsection 294(2) of the Act.

Note       The reference to the Radiocommunications (Spectrum Access Charges) Direction 2012 is a reference to that Direction as in force at the commencement of this Determination. That Direction is available on the ACMA’s website at http://www.acma.gov.au.

re-issue of a spectrum licence means the re-issue of a spectrum licence in accordance with subsection 82(1) of the Act.

 Note  In accordance with paragraph 13(1)(b) of the Legislation Act 2003, other expressions in this Determination have the same meaning as in the Act, including:

• ACMA
• radiocommunications device
• spectrum licence.

(2)     Unless the contrary intention appears, an expression used in this Determination and in the Pricing Direction has the same meaning in this Determination as it has in the Pricing Direction.

5. Calculation of spectrum access charge

 (1) In compliance with the Pricing Direction, the amount of spectrum access charge payable for the re-issue of a spectrum licence mentioned in each of the tables at items 1, 2, 3 and 4 of the Schedule is calculated by multiplying the unit value of the spectrum in relation to the 2 GHz band ($0.625/MHz/Pop) by the bandwidth authorised for use in the spectrum licence and then multiplying that amount by the population of the licence area for the spectrum licence. 

(2) Column 3 in each of the tables at items 1, 2, 3 and 4 of the Schedule is included for information only.

6. Population of a licence area for a spectrum licence

  The population of a licence area for a spectrum licence mentioned in column 1 in each of the tables at items 1, 2, 3 and 4 of the Schedule is the corresponding number mentioned in column 2 of the relevant table.

  Note The population of a licence area for a spectrum licence is the estimated number of people residing in the licence area to which the spectrum licence relates.  In compliance with the Pricing Direction, the population of the licence area of a spectrum licence is, by this instrument, determined at the time the spectrum access charge for the re-issue of the spectrum licence is determined, having regard to available population data at the time this instrument is made.

7. Spectrum access charges payable by Telstra 3G Spectrum Holdings Pty Ltd

 (1) The amount of spectrum access charge payable by Telstra 3G Spectrum Holdings Pty Ltd (ACN 094 166 542) for the re-issue of a spectrum licence with a licence number mentioned in column 1 of the table at item 1 of the Schedule is the corresponding amount mentioned in column 4 of that table.

 (2) A charge mentioned in subsection (1) is payable on or before 16 June 2017.

8. Spectrum access charges payable by Optus Mobile Pty Limited

 (1) The amount of spectrum access charge payable by Optus Mobile Pty Limited (ACN 054 365 696) for the re-issue of a spectrum licence with a licence number mentioned in column 1 of the table at item 2 of the Schedule is the corresponding amount mentioned in column 4 of that table.

 (2) A charge mentioned in subsection (1) is payable on or before 16 June 2017.

9.  Spectrum access charges payable by Vodafone Australia Pty Ltd

 (1) The amount of spectrum access charge payable by Vodafone Australia Pty Ltd (ACN 056 161 043) for the re-issue of a spectrum licence with a licence number mentioned in column 1 of the table at item 3 of the Schedule is the corresponding amount mentioned in column 4 of that table.

 (2) A charge mentioned in subsection (1) is payable on or before 16 June 2017.

10. Spectrum access charges payable by Vodafone Hutchison Australia Pty Ltd

 (1) The amount of spectrum access charge payable by Vodafone Hutchison Australia Pty Ltd (ACN 096 304 620) for the re-issue of a spectrum licence with a licence number mentioned in column 1 of the table at item 4 of the Schedule is the corresponding amount mentioned in column 4 of that table.

 (2) A charge mentioned in subsection (1) is payable on or before 16 June 2017.

Schedule

1. Telstra 3G Spectrum Holdings Pty Ltd – spectrum access charges

2. Optus Mobile Pty Limited – spectrum access charges

3. Vodafone Australia Pty Ltd – spectrum access charges

4. Vodafone Hutchison Australia Pty Ltd – spectrum access charges

Endnotes

Endnote 1 – About the endnotes

The endnotes provide information about this compilation and the compiled law.

Endnote 2 (Abbreviation key) sets out abbreviations that may be used in the endnotes.

Endnote 3 (Legislation history) provides information about each law that has amended (or will amend) the compiled law.  The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

Endnote 4 (Amendment history) provides information about the amendments at the provision (generally section or equivalent) level and includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law. 

It also includes information about any misdescribed amendment (that is, an amendment that does not accurately describe the amendment to be made).  If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.  If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history