Radiocommunications (Spectrum Licence Tax) Determination 2014

Link to law: https://www.comlaw.gov.au/Details/F2014L00957

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Radiocommunications (Spectrum Licence Tax) Determination 2014
Radiocommunications (Spectrum Licence Tax) Act 1997
The AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY makes this Determination under subsections 4(1) and 7(1) of the Radiocommunications (Spectrum Licence Tax) Act 1997.
Dated              30th June 2014
 
 
 
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 Licence Tax) Determination 2014.
2              Commencement
                This Determination commences on the day after it is registered.
Note      All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.frli.gov.au.
 
3              Revocation of previous Determination
The Radiocommunications (Spectrum Licence Tax) Determination 1999 [F2005B00895] is revoked.
4              Initial holding date
         (1)   For a spectrum licence in force on 11 October 2014, that day is the initial holding date for the licence.
         (2)   For a spectrum licence that comes into force on 11 October in a year after 2014, that day is the initial holding date for the licence.
         (3)   For any other spectrum licence, the initial holding date for the licence is the first 11 October that happens after the licence comes into force.
5              Working out spectrum licence tax
         (1)   Subject to subsections (2) and (3), the amount of tax on a spectrum licence is worked out using Schedule 1.
         (2)   Spectrum licence tax is not to be imposed on a spectrum licence that authorises the use of spectrum in the frequency range mentioned in item 6 of Table 1 in Schedule 1 until 11 October 2015.
         (3)  If a spectrum licence authorises the use of spectrum in either of the following frequency ranges:
                        (a) 2570 – 2585 MHz;
                        (b) 2605 – 2620 MHz;
the amount of spectrum licence tax determined for that licence in accordance with Schedule 1 is to be reduced by one third.
Schedule 1        Working out spectrum licence tax
(section 5)
Part 1          Base amounts
                The base amount for the frequency range mentioned in an item in table 1 is the base amount specified in the item in relation to the frequency range.
                Table 1
Item
Frequency range
Total specified spectrum
Base amount ($)

1
703–748 MHz
758–803 MHz
90 MHz
45,653

2
825–845 MHz
40 MHz
20,320

 
870–890 MHz
 
 

3
1710–1755 MHz
90 MHz
45,653

 
1805–1850 MHz
 
 

4
1755–1785 MHz
60 MHz
30,435

 
1850–1880 MHz
 
 

5
1900–1980 MHz
140 MHz
71,016

 
2110–2170 MHz
 
 

6
2302–2400 MHz
98 MHz
49,711

7
2500–2570 MHz
2620–2690 MHz
140 MHz
71,016

8
2570–2620 MHz
50 MHz
25,363

9
3425–3492.5 MHz
100 MHz
50,670

 
3542.5–3575 MHz
 
 

10
26.5–27.5 GHz
1 000 MHz
188,511

 
 
 
 

Note  Each frequency range in Table 1 comprises 1 or more of the following:
(a)   spectrum designated in a written notice under section 36 of the Radiocommunications Act 1992 to be allocated by issuing spectrum licences with respect to a particular area;
(b)   spectrum specified in a spectrum re-allocation declaration made by the Minister under subsection 153B (1) of the Radiocommunications Act 1992.
 
Part 2         Method statement                                                          
Step 1A   Step 1A is to be used when working out spectrum licence tax for the initial holding date for the licence, and for each anniversary of the initial holding date except the last anniversary.
                For each relevant frequency range in relation to a licence, take the base amount for that frequency range and multiply it by:
Step 1B   Step 1B is to be used only when working out spectrum licence tax for the last anniversary of the initial holding date for the licence.
                For each relevant frequency range in relation to the licence, take the base amount for that frequency range and multiply it by:
Step 2      Add together the amounts worked out in step 1A or 1B for each relevant frequency range and round the result to the nearest dollar (an amount ending in 50 cents is to be rounded up).
Step 3      The amount of spectrum licence tax payable for the spectrum licence is the greater of:
                (a)    the amount worked out in step 2; and
               (b)    $7.
Part 3          Definitions
 
For the purposes of this Schedule:
 
area population, for a spectrum licence, means the population of the area covered by the spectrum licence, as reported in the 2011 census.
Australian population means the population of Australia, as reported in the 2011 census.
days, for step 1B, means the number of days in the period:
                 (a)     starting on the last anniversary of the initial holding date for a spectrum licence; and
                 (b)     ending when the licence ends.
relevant frequency range, for a spectrum licence, means a frequency range mentioned in an item in Table 1 which includes some or all of the spectrum covered by the licence.
SL bandwidth, for a relevant frequency range in relation to a spectrum licence, means the actual amount of the spectrum covered by the spectrum licence falling within that range.
total specified spectrum, for a frequency range mentioned in an item in Table 1, means the amount of spectrum specified in that way in the item.