EXPLANATORY STATEMENT
Telecommunications (Facility Installation Permit – Public Inquiry Charges) Determination 2007
Australian Communications and Media Authority Act 2005
Legislative Provisions
The Telecommunications (Facility Installation Permit – Public Inquiry Charges) Determination 2007 (the Determination) has been made by the Australian Communications and Media Authority (ACMA) to revoke and replace the Telecommunications (Facility Installation Permit – Public Inquiry Charges) Determination 200. 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.
Sub-clause 25(2) of Schedule 3 to the Telecommunications Act 1997 requires that ACMA must not issue a facility installation permit unless a public inquiry in relation to the permit is held.
The Determination specifies the charges payable by telecommunications carriers to ACMA to recover the expenses incurred by ACMA in holding and conducting such public inquiries. The charge has been determined based on ACMA’s hourly rate and a deposit charge associated with the conduct of a public inquiry.
The Determination is named the Telecommunications (Facility Installation Permit – Public Inquiry 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 public inquiry charges 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
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 – Public Inquiry 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 (Facility Installation Permit – Public Inquiry 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 5 – Purpose of this Determination
Section 5 states the purpose of this determination, which is to fix the charges for the holding by ACMA of a public inquiry in relation to an application for a facility installation permit.
Section 6 - Charges
Section 6 specifies the charge, or hourly rate for the charge, to be imposed for the holding by ACMA of a public inquiry in relation to a facility installation permit application 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 payable for holding public inquiry
Item [1] details the deposit payable to ACMA on account of the expenses to be incurred in relation to the holding of a public inquiry in relation to a facility installation permit application.
Item [2] ACMA staff charges
Item [2] details the hourly rate of charge for the activities of ACMA staff in relation to the holding of a public inquiry in relation to a facility installation permit application
Item [3] Other expenses
Item [3] details that other expenses besides those in items 1 and 2 can be charged on a cost basis for the holding by ACMA of a public inquiry in relation to a facility installation permit application.