Telecommunications (Annual Carrier Licence Charge) Determination 2015

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Telecommunications (Annual Carrier Licence Charge) Determination 2015
Telecommunications (Carrier Licence Charges) Act 1997
The AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY makes this Determination under subsection 14(1) of the Telecommunications (Carrier Licence Charges) Act 1997.
Dated 7th July 2015
Chris Chapman
[signed]
Member
Richard Bean
[signed]
Member/General Manager
Australian Communications and Media Authority
1              Name of Determination
                This Determination is the Telecommunications (Annual Carrier Licence Charge) Determination 2015.
2              Commencement
                This Determination commences on the later of:
                 (a)   the day after it is registered; and
                 (b)   the commencement of the Telecommunications (Specification of Costs by the ACMA) Determination 2015.
Note 1:  All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003.  See http://www.comlaw.gov.au
Note 2:  Both of the events mentioned in section 2 must occur before this Determination commences.
3              Cessation
This Determination ceases to have effect at the end of 30 June 2017 as if it had been repealed by another instrument.
4              Application
                This Determination applies to carrier licences that were in force at the beginning of the 2014-2015 financial year.
5              Definitions
                In this Determination:
Act means the Telecommunications (Carrier Licence Charges) Act 1997.
carrier licence means a carrier licence to which this Determination applies, as provided by section 4.
carrier licence charge means a charge within the meaning of Part 3 of the Act.
eligible revenue period has the same meaning as in the TUSMA Act.
Note:      Notwithstanding the repeal of the TUSMA Act on commencement of Part 4 of Schedule 1 to the Telecommunications Legislation Amendment (Deregulation) Act 2015 (the Deregulation Act), the TUSMA Act continues in force subject to that Part and the modifications set out in the table following sub-item 151(2) of Part 4 of Schedule 1 to the Deregulation Act, as if that repeal had not happened (see item 151 of Part 4 of Schedule 1 to the Deregulation Act).   
exempt carrier licence means a carrier licence that was held by a carrier that was a non-participating person for the eligible revenue period that began on 1 July 2013 and ended on 30 June 2014.
non-participating person has the same meaning as in the Telecommunications (Participating Persons) Determination 2013 (No. 2).
TUSMA Act means the Telecommunications Universal Service Management Agency Act 2012.
6              Carrier licence charge – exempt carrier licence
The amount of carrier licence charge imposed on an exempt carrier licence is $0.
7              Method of ascertaining carrier licence charge – other carrier licences
(1)      This section applies to a carrier licence that is not an exempt carrier licence.
(2)      The amount of carrier licence charge imposed on a carrier licence, in relation to a carrier named in an item in Schedule 1, is ascertained using the formula:
 
(MCA - OTC) ×
ER

TER

where:
MCA (maximum charge amount) is $44,226,554.
Note:   This amount is the total sum of the amounts determined under subsection 15(1) of the Act.
OTC (other telecommunications costs) is $5,573,385.
Note:      This amount relates to costs that:
(a)        are part of the proportion of the ACMA’s costs for the 2013–2014 financial year that is attributable to the ACMA’s telecommunications functions and powers; and
(b)        have been recovered from telecommunications charges (other than annual carrier licence charges) or that the ACMA considers are not appropriate to recover from carriers because of the nature of the activities with which the costs are associated.
(The amount determined to be the proportion of the ACMA’s costs for the 2013–2014 financial year that is attributable to the ACMA’s telecommunications functions and powers is $19 860 799 — see section 5 of the Telecommunications (Specification of Costs by the ACMA) Determination 2015.)
ER (eligible revenue), for the carrier, is the corresponding amount mentioned in the item in Schedule 1.
Note:      This amount is the eligible revenue of the carrier for the 2013–2014 financial year as assessed by the ACMA under subsection 96(1) of the TUSMA Act.  Assessments of eligible revenue for the 2013-14 financial year continue to have effect notwithstanding the repeal of the TUSMA Act – see sub-item 151(2) of Part 4 of Schedule 1 to the Telecommunications Legislation Amendment (Deregulation) Act 2015. 
TER (total eligible revenue) is $27 762 384 927.
Note:      This amount is the total sum of the eligible revenue of all the carriers named in Schedule 1 for the 2013–2014 financial year as assessed by the ACMA under subsection 96(1) of the TUSMA Act.  Assessments of eligible revenue for the 2013-14 financial year continue to have effect notwithstanding the repeal of the TUSMA Act – see sub-item 151(2) of Part 4 of Schedule 1 to the Telecommunications Legislation Amendment (Deregulation) Act 2015. 
Schedule 1        Eligible revenue for carrier
(section 7)
 
Item
Name of carrier
ACN/ARBN/ABN
Amount ($)

1
A.C.N. 088 889 230 Ltd
088 889 230
10,296,007

2
AAPT Ltd
052 082 416
196,514,785

3
AARNet Pty Ltd
084 540 518
43,486,086

4
Adam Internet Pty Ltd
055 495 853
35,266,441

5
Agile Pty Ltd
080 855 321
117,028,690

6
Allegro Networks Pty Ltd
101 425 094
3,652,670

7
Amcom Pty Ltd
009 336 341
76,920,788

8
BigAir Cloud Managed Services Pty Ltd (formerly Anittel Communications Pty Ltd)
118 033 051
2,918,580

9
BigAir Group Ltd
098 572 626
24,217,418

10
Chime Communications Pty Ltd
073 119 285
231,882,194

11
Intelligent IP Communications Pty Ltd
115 730 526
3,585,122

12
iPSTAR Australia Pty Ltd
107 338 901
40,060,583

13
Macquarie Telecom Pty Ltd
082 930 916
79,878,216

14
New Skies Satellites Australia Pty Ltd
114 962 248
26,318,307

15
Nextgen Networks Pty Ltd
094 147 403
170,731,144

16
Nextgen Telecom (WA) Pty Ltd
103 173 440
9,349

17
Nextgen Telecom Pty Ltd
095 420 616
553,891

18
Optus Mobile Pty Ltd
054 365 696
3,928,537,254

19
Optus Networks Pty Ltd
008 570 330
1,643,159,437

20
Pipe International (Australia) Pty Ltd
123 898 215
16,452,522

21
Pipe Networks Pty Ltd
099 104 122
81,318,512

22
Primus Telecommunications Pty Ltd
071 191 396
201,295,715

23
Soul Pattinson Telecommunications Pty Ltd
001 726 192
301,152,320

24
Telstra Corporation Ltd
051 775 556
17,882,238,173

25
Telstra Multimedia Pty Ltd
069 279 072
345,248,074

26
Transact Capital Communications Pty Ltd
093 966 888
47,745,098

27
Uecomm Pty Ltd
079 083 195
119,180,964

28
Verizon Australia Pty Ltd
081 001 194
36,608,293

29
Victorian Rail Track
ABN 55 047 316 805
28,773,831

30
Vividwireless Pty Ltd
137 696 461
30,769,041

31
Vodafone Australia Pty Ltd
056 161 043
1,919,436,785

32
Vodafone Hutchinson Australia Pty Ltd
096 304 620
106,165,631

33
XYZed Pty Ltd
092 450 783
10,983,006

 Total
 
$27 762 384 927


 

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