Radiocommunications (Spectrum Access Charges – 2.3 GHz Band) Determination 2014

Link to law: https://www.comlaw.gov.au/Details/F2014L01410

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Radiocommunications (Spectrum Access Charges – 2.3 GHz Band) Determination 2014
Radiocommunications Act 1992
The AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY makes this Determination under subsection 294(1) of the Radiocommunications Act 1992.
Dated: 22nd October 2014
Chris Chapman
[signed]
Member
Brendan Byrne
[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 2014.
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.frli.gov.au.
3              Definitions
                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.
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 Instrument have the same meaning as in the Act, including:
·         ACMA
·         spectrum licence
                                     
4              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 5 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.
Note 2  Table 1 is in section 5 of this Determination.
5              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 following table 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

 
1939152
7,294
35
$7,658.70

 
1939153
7,294
35
$7,658.70

 
1931954
11,726
35
$12,312.30

 
1931955
11,726
35
$12,312.30


Note         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 population of the licence area for the spectrum licence, determined by the ACMA, by the bandwidth authorised for use in the spectrum licence.  For example, in relation to the spectrum licence with licence number 1939154, which authorises the use of 35 MHz of spectrum, the amount of spectrum access charge is:
                $0.03/MHz/Pop x 11 726 persons x 35 MHz = $12 312.30
 
6              When spectrum access charge is payable
                A spectrum access charge fixed by this Determination is payable on or before 18 December 2014.
7              Expiry
                This Determination ceases to have effect at the end of 24 July 2015, as if it had been repealed by another instrument.