Radiocommunications (Spectrum Access Charges – 2.3 GHz Band) Determination 2015 (No. 1)

Link to law: https://www.comlaw.gov.au/Details/F2015L00494

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Radiocommunications (Spectrum Access Charges – 2.3 GHz Band) Determination 2015 (No. 1)
Radiocommunications Act 1992
 
The AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY makes this Determination under subsection 294(1) of the Radiocommunications Act 1992.
Dated: 27th March 2015
Chris Chapman
[signed]
Member
Richard Bean
[signed]
Member /General Manager
Australian Communications and Media Authority
1              Name of Determination
This Determination is the Radiocommunications (Spectrum Access Charges – 2.3 GHz Band) Determination 2015 (No. 1).
2              Commencement
This Determination commences on the day after it is registered.
Note           All legislative instruments must be registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.comlaw.gov.au
 
3              Expiry
This Determination expires at the end of 24 July 2015, as if it had been repealed by another instrument.
4              Definitions
(1)   In this Determination:
2.3 GHz band means the range of frequencies between 2302 MHz and 2400 MHz.
Act means the Radiocommunications Act 1992.
licence area, for a spectrum licence, means the area within which operation of a radiocommunications device is authorised by the spectrum licence.
licence number means the licence number of a spectrum licence mentioned in paragraph 9(3)(a) of the Radiocommunications (Register of Radiocommunications Licences) Determination 1997.
Pricing Direction means the Radiocommunications (Spectrum Access Charges) Direction 2012 made under subsection 294(2) of the Act.
re-issue of a spectrum licence means the re-issue of a spectrum licence in accordance with subsection 82(1) of the Act.
                      Note          In accordance with paragraph 13(1)(b) of the Legislative Instruments Act 2003, other expressions in this Determination have the same meaning as in the Act, including:
·         ACMA
·         spectrum licence
 
(2)   Unless the contrary intention appears, an expression used in this Determination and in the Pricing Direction has the same meaning in this Determination as it has in the Pricing Direction.
 
                            Note        The Pricing Direction is available on the ACMA’s website.  See http://www.acma.gov.au
 
5              Population of licence area for a spectrum licence
                For the purposes of paragraph (c) of the definition of $/MHz/Pop in section 5 of the Pricing Direction, the ACMA determines the population of a licence area for a spectrum licence with a licence number mentioned in column 1 of an item in the table in section 6 of this Determination to be the corresponding number mentioned in column 2.
Note 1  The population of a licence area for a spectrum licence is the estimated number of people residing in the area to which the spectrum licence relates.  In compliance with the Pricing Direction, the population of the licence area of a spectrum licence is, by this Determination, determined at the time the spectrum access charge for the re-issue of the spectrum licence is determined, having regard to available population data at the time this Determination is made.
6              Spectrum access charge payable by Telstra Corporation Limited
                The amount of spectrum access charge payable by Telstra Corporation Limited (ACN 051 775 556) for the re-issue of a spectrum licence with a licence number mentioned in column 1 of an item in the table below is the corresponding amount mentioned in column 4.
 
 
Column 1
Licence number
Column 2
Population of licence area
Column 3
Bandwidth (MHz)
Column 4
Amount of spectrum access charge

1.         
1939149
80 121
35
$84 127.05

2.         
1939150
80 121
35
$84 127.05
 


Note 1      In compliance with the Pricing Direction, the amount of spectrum access charge payable for the re-issue of a spectrum licence mentioned in the table is calculated by multiplying the unit value of the spectrum in relation to the 2.3 GHz band ($0.03/MHz/Pop) by the bandwidth authorised for use in the spectrum licence and then multiplying that amount by the population of the licence area for the spectrum licence, determined by the ACMA.  For example, in relation to the spectrum licence with licence number 1939150, which authorises the use of 35 MHz of spectrum, the amount of spectrum access charge is calculated as follows:
                $0.03 x 35 MHz x 80 121 persons = $84 127.05
Note 2      Column 3 is included for information only.
7              When spectrum access charge is payable
                A spectrum access charge fixed by this Determination is payable on or before 26 May 2015.