EXPLANATORY STATEMENT
Telecommunications (Nominated Carrier Declaration Application Charge) Determination 2007
Australian Communications and Media Authority Act 2005
Legislative Provisions
The Telecommunications (Nominated Carrier Declaration Application Charge) Determination 2007 (the Determination) has been made by the Australian Communications and Media Authority (ACMA) to revoke and replace the Telecommunications (Nominated Carrier Declaration 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.
Under section 77 of the Telecommunications Act 1997, a carrier may apply to ACMA for a nominated carrier declaration in relation to one or more specified network units. In accordance with section 78, each application must be accompanied by the charge (if any) determined by ACMA.
The Determination specifies the charge to accompany an application to ACMA for a nominated carrier declaration.
The Determination is named the Telecommunications (Nominated Carrier Declaration 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 in fees for registration 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 (Nominated Carrier Declaration 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 Nominated Carrier Declaration Application Charge) Determination 2006.
Section 4 – Nominated carrier declaration application charge
Section 4 specifies the charge to accompany an application for a nominated carrier declaration. It also states that the charge is payable at the time of application.