EXPLANATORY STATEMENT
Telecommunications (Charges) Determination 2007
Australian Communications and Media Authority Act 2005
Legislative Provisions
The Telecommunications (Charges) Determination 2007 (the Determination) has been made by the Australian Communications and Media Authority (ACMA) to revoke and replace the Telecommunications (Charges) Determination 2006. The Determination provides updated charges arising from a review of ACMA’s cost recovery fees and charges.
Subsection 60(1) of the Australian Communications and Media Authority Act 2005 provides that ACMA may, by written instrument, make determinations fixing charges for services provided by ACMA and in relation to any matter in which expenses are incurred by ACMA under the Telecommunications Act 1997. A charge must not be such as to amount to taxation.
The Determination is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
Background
ACMA reviewed its fees and charges as part of a scheduled five-yearly review of its cost recovery arrangements. ACMA reviewed its existing fees and charges against cost recovery principles outlined in the Australian Government’s Cost Recovery Guidelines.
The review resulted in updates to a range of existing charges, including charges for services provided by ACMA under the Telecommunications Act 1997.
The Determination specifies the charges payable to ACMA to recover the expenses incurred by ACMA for matters that include:
- considering an application made under subsection 390(1) of the Telecommunications Act 1997 for a connection permit for the connection of customer equipment;
- considering an application made under subsection 390(2) of the Telecommunications Act 1997 for a connection permit for the connection of customer cabling;
- considering an application to an officer of ACMA acting as a certification body for a written statement under paragraph 408 (5)(a) of the Telecommunications Act 1997 ; and
- making an application mentioned in paragraph 457(1)(a) of the Telecommunications Act for the allocation of a number otherwise than in accordance with an allocation system determined under section 463 of the Telecommunications Act 1997.
The Determination is named the Telecommunications (Charges) Determination 2007.
Regulation Impact
ACMA has obtained the advice of the Office of Best Practice Regulation (formerly the Office of Regulation Review) that a Regulation Impact Statement is not required for the Determination as the proposal does not have a significant impact on business or the economy. A Cost Recovery Impact Statement has been prepared which outlines the basis for calculating the charges payable.
Consultation
A consultation paper about the review of ACMA’s existing cost recovery fees and charges was released for public comment on 22 December 2006. The consultation paper proposed the changes to the charges provided in this Determination. The consultation paper was also published on ACMA’s website and was provided directly to telecommunications carriers, carriage service providers and to a range of industry bodies and associations.
ACMA received five submissions on the proposed arrangements.
Commencement of Determination
The Determination commences on 1 July 2007
Notes on Sections
Section 1 – Name of Determination
Section 1 provides for the citation of the Determination as the Telecommunications (Charges) Determination 2007.
Section 2 – Commencement
Section 2 provides that the Determination commences on 1 July 2007.
Section 3 – Revocation
Section 3 revokes the Determination known as the Telecommunications (Charges) Determination 2006.
Section 4 – Interpretation
Section 4 defines some of the key terms in the determination and specifies that terms used in the Determination have the same meaning as the Telecommunications Act 1997. Section 4 provides the definition of on-line application.
Section 5 – Purpose of this Determination
Section 5 states the purpose of this determination, which is to fix charges for a number of services provided by ACMA and expenses incurred under the Acts specified under subsection 60(1) of the Australian Communications and Media Authority Act 2005.
Section 6 - Charges
Section 6 specifies the charges, or hourly rate of charge, for various ACMA telecommunications activities by reference to the attached Schedule 1.
Section 7 - By whom and when is the charge payable
Section 7 specifies when and by whom a charge is payable.
Schedule 1 Charges Payable
Item [1] Charge for Connection Permit – Customer Equipment
Item [1] details the charge for considering an application made under subsection 390(1) of the Telecommunications Act 1997 for a connection permit for the connection of customer equipment.
Item [2] Charge for Connection Permit – Customer Cabling
Item [2] details the charge for considering an application made under subsection 390(2) of the Telecommunications Act 1997 for a connection permit for the connection of customer cabling.
Item [3] Application for Written Statement
Item [3] details the charge for considering an application to ACMA acting as certification body for a written statement under paragraph 408(5)(a) of the Telecommunications Act 1997.
Item [4] Charge for Allocation of Numbers
Item [4] details the charges payable in relation to making an application for allocation of a number otherwise than in accordance with an allocation system determined under section 463 of the Telecommunications Act 1997 and as provided for by section 457 of that Act. This item provides differing charges on-line and written applications.