Radiocommunications (Spectrum Access Charges — 1800 MHz Band) Determination 2013 (No. 1)

Link to law: https://www.comlaw.gov.au/Details/F2013L02006

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Radiocommunications (Spectrum Access Charges — 1800 MHz Band) Determination 2013 (No. 1)
Radiocommunications Act 1992
The AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY makes this Determination under subsection 294 (1) of the Radiocommunications Act 1992.
Dated   21st November 2013
Chris Chapman
[signed]
Member
 
Chris Cheah
[signed]
Member/General Manager
Australian Communications and Media Authority
1              Name of Determination
                This Determination is the Radiocommunications (Spectrum Access Charges — 1800 MHz Band) Determination 2013 (No. 1).
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              Definitions
                In this Determination:
ACMA means the Australian Communications and Media Authority.
Act means the Radiocommunications Act 1992.
licence area means the area or aggregate of areas within which operation of a radiocommunications device is authorised by a spectrum licence.
Pricing Direction means the Radiocommunications (Spectrum Access Charges) Direction 2012 made under subsection 294 (2) of the Act by the Minister for Broadband, Communications and the Digital Economy dated 9 February 2012.
re-issue of a spectrum licence means the re-issue of a spectrum licence in accordance with subsection 82 (1) of the Act to the person to whom it was previously issued, authorising the operation of a radiocommunications device in the 1800 MHz band.
1800 MHz band means the following frequency ranges:
(a)     1710 MHz to 1785 MHz; and
(b)     1805 MHz to 1880 MHz.
4              Population of a licence area for a spectrum licence
The population of a licence area for a spectrum licence mentioned in column 1 of the table in section 6 is the corresponding number mentioned in column 2.
Note      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 is, by this instrument, 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 instrument is made.
5              Unit amount applied
The unit amount applied by the ACMA in calculating the spectrum access charges payable by a licensee mentioned in section 6 is $0.2106/MHz/Pop, where:
(a)           $0.2106 is the value of the spectrum, in Australian dollars, in relation to the 1800 MHz band for re-issue of a spectrum licence for a period of 13 years and 45 days;
(b)          MHz is the bandwidth of spectrum authorised for use in the licence area for a spectrum licence; and
(c)           Pop is the population of a licence area for a spectrum licence.
Note     The unit amount of $0.23/MHz/Pop specified in the Pricing Direction, in relation to the 1800 MHz band, is based on re-issue of a spectrum licence for a period of 15 years. The spectrum licences mentioned in column 1 of the table in section 6 will be re-issued for a period of 13 years and 45 days. Accordingly, the unit amount has been reduced from $0.23/MHz/Pop to $0.2106/MHz/Pop to reflect the value associated with the shorter duration of the re-issued spectrum licences.
6              Spectrum access charges payable by Vodafone Hutchison Australia Pty Limited
                The amount of spectrum access charge payable by Vodafone Hutchison Australia Pty Limited (ACN 096 304 620) for the re-issue of a spectrum licence mentioned in column 1 of 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 ($)

9263505
1,376,021
20
  $5,795,800.45

9263506
2,874,447
20
$12,107,170.76

9263507
1,881,046
20
  $7,922,965.75

9263508
4,576,821
30
$28,916,355.07

9263510
5,678,448
10
$11,958,811.48

 
 
 
 
 

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 above table is calculated by multiplying the adjusted charge for the spectrum in relation to the 1800 MHz band for re-issue of licences for 13 years and 45 days (being $0.2106/MHz/Pop as specified in section 5) by the population of the licence area for the spectrum licence (as determined in accordance with section 4) by the bandwidth for the spectrum licence (as mentioned in column 3).  For example, in relation to licence number 9263505, the amount of spectrum access charge is calculated as follows:
$0.2106 x 1,376,021 x 20 = $5,795,800.45
 
 
7              When a spectrum access charge is payable
                A spectrum access charge fixed by this Determination for the re-issue of a spectrum licence is payable on or before 30 April 2014.
8              Expiry
This Determination ceases to have effect at the end of 3 May 2015 as if it has been repealed by another instrument.