Telecommunications (Facility Installation Permit - Application Charge) Determination 2007

Administered by Department of Communications and the Arts

Legislation au F2007L00349 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

Telecommunications (Facility Installation Permit – Application Charge) Determination 2007

Australian Communications and Media Authority Act 2005

 

Legislative Provisions

 

The Telecommunications (Facility Installation Permit – Application Charge) Determination 2007 (the Determination) has been made by the Australian Communications and Media Authority (ACMA) to revoke and replace the Telecommunications (Facility Installation Permit – Application Charge) 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. 

 

Clause 21 of Schedule 3 to the Telecommunications Act 1997 provides that a carrier may apply to ACMA for a permit authorising the carrier to carry out the installation of one or more facilities.  Such a permit is called a facility installation permit.  

 

Clause 23 of Schedule 3 to the Telecommunications Act 1997 requires that an application for a facility installation permit must be accompanied by the charge (if any) fixed by ACMA in relation to so much of ACMA’s expenses in connection with dealing with the application as do not relate to the conduct of a public inquiry in relation to the permit.

 

The Determination specifies the charge to accompany an application for a facility installation permit made by a carrier.  The charge has been determined based on ACMA’s hourly rate and the estimated time taken in the consideration and issue of a permit.

The Determination is named the Telecommunications (Facility Installation Permit – Application Charge) 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 change to the application charges in this Determination. The consultation paper was also published on ACMA’s website and was provided directly to telecommunications carriers and 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


Attachment 1

 

Notes on Sections

 

Section 1 – Name of Determination

Section 1 provides for the citation of the Determination as the Telecommunications (Facility Installation Permit – Application Charge) 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 (Facility Installation Permit – Application Charge) 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 5 – Purpose of this Determination

Section 5 states the purpose of this determination, which is to fix charges for services provided by ACMA in relation to ACMA’s expenses in connection with dealing with an application for a facility installation permit and as do not relate to a public inquiry held in relation to that application.

 

Section 6 - Charges

Section 6 specifies the charge, or hourly rate for the charge, to be imposed on an application for a facility installation permit 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 or deposit is payable.

 


Schedule 1 Charges Payable

Item [1] Deposit to accompany an application

Item [1] details the deposit to accompany an application for a facility installation permit.

Item [2] Facility Installation Permit - Charge

Item [2] details the charge for the activities of ACMA staff in connection with dealing with an application for a facilities installation permit and as do not relate to a public inquiry in relation to the permit.

 

Overview

The Telecommunications (Facility Installation Permit – Application Charge) Determination 2007 was enacted by the Australian Communications and Media Authority (ACMA) under subsection 60(1) of the Australian Communications and Media Authority Act 2005. This Determination aimed to update the charges associated with applications for facility installation permits in telecommunications, replacing the 2006 version. It arose from a review of ACMA's cost recovery fees and charges against the principles outlined in the Australian Government’s Cost Recovery Guidelines. The primary objective was to ensure that the charges reflect the actual expenses incurred by ACMA in processing permit applications, excluding those related to public inquiries. The Determination was made in accordance with the Legislative Instruments Act 2003 and came into effect on 1 July 2007. A consultation paper was released for public comment in December 2006, and five submissions were received, providing feedback on the proposed changes.

Scope and Application

The Telecommunications (Facility Installation Permit – Application Charge) Determination 2007 applies to carriers seeking to obtain a facility installation permit from the Australian Communications and Media Authority (ACMA) under the Telecommunications Act 1997. The Determination specifies the charge that must accompany an application for such a permit, which is determined based on ACMA’s hourly rate and the estimated time taken in the consideration and issue of the permit. This legislation operates at the Commonwealth level, and the charge must not amount to taxation. The Determination revokes and replaces the Telecommunications (Facility Installation Permit – Application Charge) Determination 2006 and applies nationally across Australia. The charge is updated to reflect a review of ACMA’s cost recovery fees and charges, with no significant impact on business or the economy as advised by the Office of Best Practice Regulation. The Determination is a legislative instrument for the purposes of the Legislative Instruments Act 2003.

Key Provisions

The Telecommunications (Facility Installation Permit – Application Charge) Determination 2007 (the Determination) primarily concerns the charges associated with applying for a facility installation permit under the Telecommunications Act 1997, as administered by the Australian Communications and Media Authority (ACMA). Section 6 (charges) specifies the charge for an application for a facility installation permit, which is determined by reference to ACMA’s hourly rate and the estimated time taken to process the application. Section 7 outlines when and by whom the charge must be paid, requiring it to accompany the application. The Determination also includes a schedule detailing the specific amounts of the charges (Schedule 1, Item [1] and Item [2]). The Determination imposes specific obligations on parties applying for a facility installation permit. Section 7 mandates that applicants must pay the specified charge when submitting their application, ensuring that ACMA receives the necessary funds to cover its costs related to processing the application. The charge is determined based on ACMA’s cost recovery principles and is calculated to reflect the time and resources required to review and approve the permit application. Failure to comply with the requirements of the Determination may result in consequences. Although the Determination does not explicitly outline offences or penalties for non-compliance, it is implicitly understood that not adhering to the charge payment requirement could lead to the application being considered incomplete or invalid. This may result in the application being rejected or delayed, potentially impacting the applicant's ability to proceed with their intended telecommunications facility installation. The Determination ensures that ACMA can recover its costs effectively while maintaining a streamlined process for permit applications.

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