Link to law: https://www.comlaw.gov.au/Details/F2014L01782

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Telecommunications (Annual Charge) Determination 2014

Telecommunications (Numbering Charges) Act 1997

The AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY makes this Determination under subsections 20(1) and 22(2) of the Telecommunications (Numbering Charges) Act 1997.

Dated 15 December 2014

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 Charge) Determination 2014.

2 Commencement

This Determination commences on 1 April 2015.

Note All legislative instruments and compilations must be registered on the Federal Register of Legislative Instruments required to be maintained under the Legislative Instruments Act 2003.

3 Revocation

The Telecommunications (Annual Charge) Determination 2007 (No. 2) (FRLI No. F2007L04138) is revoked.

4 Definition

In this Determination:

Act means the Telecommunications (Numbering Charges) Act 1997.

Budget Papers means the papers so known, tabled in the Commonwealth Parliament by the Treasurer in relation to the budget of the Commonwealth for the year to which the papers relate.

census date, for a year, is the day in April determined for the year under subsection 18(2) of the Act.

community service has the meaning given in the Dictionary to the plan or in a corresponding provision of a replacement plan.

geographic number has the meaning given by section 3.3 of the plan or in a corresponding provision of a replacement plan.

incoming only international number has the meaning given in the Dictionary to the plan or in a corresponding provision of a replacement plan.

internal network service has the meaning given in the Dictionary to the plan or in a corresponding provision of a replacement plan.

plan means the Telecommunications Numbering Plan 1997.

replacement plan means a numbering plan made after the commencement of this Determination that replaces the plan.

special services number has the meaning given by section 3.11 of the plan or in a corresponding provision of a replacement plan.

testing service has the meaning given in the Dictionary to the plan or in a corresponding provision of a replacement plan.

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

· carriage service provider

· number

· numbering plan

· standard telephone service.

5 Amount of charge

(1) The amount of charge imposed on a number held at the beginning of the census date is calculated in accordance with the following formula:

where:

AOC means, for the chargeable holding that includes the number, the amount calculated under subsection (2).

N means the quantity of numbers comprising the chargeable holding.

(2) For subsection (1), the value of AOC for a chargeable holding is determined as follows:

AOC = quantity of numbers x lesser of BNC amount and $100 000

where

BNC amount, for a chargeable holding, is the base number charge multiplied by:

(a) the applicable multiplier; and

(b) 10 to the power of (10 – number length).

base number charge means the amount of charge determined by solving the following equation using the method known as the Newton‑Raphson method:

Revenue Target = the sum of (quantity of numbers x the lesser of (BNC amount or $100 000)) for each chargeable holding of every carriage service provider.

Note Following its determination, the base number charge is published by the ACMA on its website (http://www.acma.gov.au).

chargeable holding means one number or a group of numbers held by a carriage service provider, all of which:

(a) have the same amount of digits; and

(b) are of the same service type.

exempt service type, in relation to a number in a chargeable holding, means a number that, under section 6, is exempt from charge.

multiplier means:

(a) for a chargeable holding containing only normal service type numbers — 1;

(b) for a chargeable holding containing only reduced service type numbers — 0.01;

(c) for a chargeable holding containing only exempt service type numbers — 0.

normal service type, in relation to a number in a chargeable holding, means a number that is not a reduced service type or an exempt service type.

number length means the amount of digits in the number concerned.

reduced service type, in relation to a number in a chargeable holding, means a number of any of the following kinds:

(a) incoming only international numbers;

(b) numbers used only for an internal network service;

(c) numbers used only for a testing service.

Revenue Target, for a year, is:

(a) $60 000 000; or

(b) if:

(i) the Budget Papers for the year specify, as the total charge applying under subsection 18(1) of the Act, a revenue target that is a different amount; and

(ii) the ACMA publishes that amount on its internet website as the revenue target for the year;

that amount.

Note The Revenue Target for a year, whether it is $60 000 000 or an amount under paragraph (b), is published by the ACMA on its website (http://www.acma.gov.au).

6 Numbers exempt from charge

The following numbers are exempt from charge:

(a) a number specified in the plan or a replacement plan for use for a community service;

(b) a geographic number other than a number mentioned in subsection 22(1) of the Act;

(c) a number that is an international signalling point code, within the meaning of section 5A.1 of the plan or in a corresponding provision of a replacement plan;

(d) a telex number, within the meaning of section 5.3 of the plan or in a corresponding provision of a replacement plan;

(e) a number that is a special services number in Part 2 of Schedule 4 of the plan or in a corresponding provision of a replacement plan;

(f) a number that is a special services number in Part 3 of Schedule 4 of the plan or in a corresponding provision of a replacement plan;

(g) a number that is a special services number in Part 4 of Schedule 4 of the plan or in a corresponding provision of a replacement plan;

(h) a number that is a four or five digit special services number in Part 6 of Schedule 4 of the plan or in a corresponding provision of a replacement plan.

Example

A carriage service provider has 2 chargeable holdings:

(a) holding Y, that, on the census date, contains 500 numbers, each of which is:

(i) 5 digits in length; and

(ii) an international signalling point code; and

(b) holding Z, that, on the census date, contains 10 000 numbers, each of which is:

(i) 10 digits in length; and

(ii) a normal service type number.

For the purpose of the example, the base number charge for the year is $0.90, determined on the basis of a revenue target of $60 000 000 (there being no Budget Papers specifying a different amount).

Calculation of AOC for holding Y:

AOC = quantity of numbers x the lesser of BNC amount and $100 000;

thus = 500 x the lesser of ($0.90 x 0 x 10^(10 – 5)) and $100 000;

thus = 500 x the lesser of ($0.90 x 0 x 100 000) and $100 000;

thus = 500 x the lesser of $0 and $100 000;

thus = 500 x 0;

thus = $0.

Calculation of AOC for holding Z:

AOC = quantity of numbers x the lesser of BNC amount and $100 000;

thus = 10 000 x the lesser of ($0.90 x 1 x 10^(10 – 10)) and $100 000;

thus = 10 000 x the lesser of ($0.90 x 1 x 1) and $100 000;

thus = 10 000 x the lesser of $0.90 and $100 000;

thus = 10 000 x $0.90;

thus = $9 000.

Calculation of total AOC for the year for the carriage service provider:

AOC = AOC for holding Y + AOC for holding Z;

thus = $0 + $9 000;

thus = $9 000.

Telecommunications (Numbering Charges) Act 1997

The AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY makes this Determination under subsections 20(1) and 22(2) of the Telecommunications (Numbering Charges) Act 1997.

Dated 15 December 2014

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 Charge) Determination 2014.

2 Commencement

This Determination commences on 1 April 2015.

Note All legislative instruments and compilations must be registered on the Federal Register of Legislative Instruments required to be maintained under the Legislative Instruments Act 2003.

3 Revocation

The Telecommunications (Annual Charge) Determination 2007 (No. 2) (FRLI No. F2007L04138) is revoked.

4 Definition

In this Determination:

Act means the Telecommunications (Numbering Charges) Act 1997.

Budget Papers means the papers so known, tabled in the Commonwealth Parliament by the Treasurer in relation to the budget of the Commonwealth for the year to which the papers relate.

census date, for a year, is the day in April determined for the year under subsection 18(2) of the Act.

community service has the meaning given in the Dictionary to the plan or in a corresponding provision of a replacement plan.

geographic number has the meaning given by section 3.3 of the plan or in a corresponding provision of a replacement plan.

incoming only international number has the meaning given in the Dictionary to the plan or in a corresponding provision of a replacement plan.

internal network service has the meaning given in the Dictionary to the plan or in a corresponding provision of a replacement plan.

plan means the Telecommunications Numbering Plan 1997.

replacement plan means a numbering plan made after the commencement of this Determination that replaces the plan.

special services number has the meaning given by section 3.11 of the plan or in a corresponding provision of a replacement plan.

testing service has the meaning given in the Dictionary to the plan or in a corresponding provision of a replacement plan.

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

· carriage service provider

· number

· numbering plan

· standard telephone service.

5 Amount of charge

(1) The amount of charge imposed on a number held at the beginning of the census date is calculated in accordance with the following formula:

where:

AOC means, for the chargeable holding that includes the number, the amount calculated under subsection (2).

N means the quantity of numbers comprising the chargeable holding.

(2) For subsection (1), the value of AOC for a chargeable holding is determined as follows:

AOC = quantity of numbers x lesser of BNC amount and $100 000

where

BNC amount, for a chargeable holding, is the base number charge multiplied by:

(a) the applicable multiplier; and

(b) 10 to the power of (10 – number length).

base number charge means the amount of charge determined by solving the following equation using the method known as the Newton‑Raphson method:

Revenue Target = the sum of (quantity of numbers x the lesser of (BNC amount or $100 000)) for each chargeable holding of every carriage service provider.

Note Following its determination, the base number charge is published by the ACMA on its website (http://www.acma.gov.au).

chargeable holding means one number or a group of numbers held by a carriage service provider, all of which:

(a) have the same amount of digits; and

(b) are of the same service type.

exempt service type, in relation to a number in a chargeable holding, means a number that, under section 6, is exempt from charge.

multiplier means:

(a) for a chargeable holding containing only normal service type numbers — 1;

(b) for a chargeable holding containing only reduced service type numbers — 0.01;

(c) for a chargeable holding containing only exempt service type numbers — 0.

normal service type, in relation to a number in a chargeable holding, means a number that is not a reduced service type or an exempt service type.

number length means the amount of digits in the number concerned.

reduced service type, in relation to a number in a chargeable holding, means a number of any of the following kinds:

(a) incoming only international numbers;

(b) numbers used only for an internal network service;

(c) numbers used only for a testing service.

Revenue Target, for a year, is:

(a) $60 000 000; or

(b) if:

(i) the Budget Papers for the year specify, as the total charge applying under subsection 18(1) of the Act, a revenue target that is a different amount; and

(ii) the ACMA publishes that amount on its internet website as the revenue target for the year;

that amount.

Note The Revenue Target for a year, whether it is $60 000 000 or an amount under paragraph (b), is published by the ACMA on its website (http://www.acma.gov.au).

6 Numbers exempt from charge

The following numbers are exempt from charge:

(a) a number specified in the plan or a replacement plan for use for a community service;

(b) a geographic number other than a number mentioned in subsection 22(1) of the Act;

(c) a number that is an international signalling point code, within the meaning of section 5A.1 of the plan or in a corresponding provision of a replacement plan;

(d) a telex number, within the meaning of section 5.3 of the plan or in a corresponding provision of a replacement plan;

(e) a number that is a special services number in Part 2 of Schedule 4 of the plan or in a corresponding provision of a replacement plan;

(f) a number that is a special services number in Part 3 of Schedule 4 of the plan or in a corresponding provision of a replacement plan;

(g) a number that is a special services number in Part 4 of Schedule 4 of the plan or in a corresponding provision of a replacement plan;

(h) a number that is a four or five digit special services number in Part 6 of Schedule 4 of the plan or in a corresponding provision of a replacement plan.

Example

A carriage service provider has 2 chargeable holdings:

(a) holding Y, that, on the census date, contains 500 numbers, each of which is:

(i) 5 digits in length; and

(ii) an international signalling point code; and

(b) holding Z, that, on the census date, contains 10 000 numbers, each of which is:

(i) 10 digits in length; and

(ii) a normal service type number.

For the purpose of the example, the base number charge for the year is $0.90, determined on the basis of a revenue target of $60 000 000 (there being no Budget Papers specifying a different amount).

Calculation of AOC for holding Y:

AOC = quantity of numbers x the lesser of BNC amount and $100 000;

thus = 500 x the lesser of ($0.90 x 0 x 10^(10 – 5)) and $100 000;

thus = 500 x the lesser of ($0.90 x 0 x 100 000) and $100 000;

thus = 500 x the lesser of $0 and $100 000;

thus = 500 x 0;

thus = $0.

Calculation of AOC for holding Z:

AOC = quantity of numbers x the lesser of BNC amount and $100 000;

thus = 10 000 x the lesser of ($0.90 x 1 x 10^(10 – 10)) and $100 000;

thus = 10 000 x the lesser of ($0.90 x 1 x 1) and $100 000;

thus = 10 000 x the lesser of $0.90 and $100 000;

thus = 10 000 x $0.90;

thus = $9 000.

Calculation of total AOC for the year for the carriage service provider:

AOC = AOC for holding Y + AOC for holding Z;

thus = $0 + $9 000;

thus = $9 000.