Radiocommunications (Spectrum Access Charges — 800 MHz Band) Determination 2012 (No. 2)
Radiocommunications Act 1992
The AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY makes this Determination under subsection 294(1) of the Radiocommunications Act 1992.
Dated 6th November 2012
Chris Chapman
[signed]
Member
Richard Bean
[signed]
Member / General Manager
Australian Communications and Media Authority
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1 Name of Determination
This Determination is the Radiocommunications (Spectrum Access Charges — 800 MHz Band) Determination 2012 (No. 2).
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:
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.
Ministerial 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 800 MHz band.
800 MHz band means the following frequency ranges:
(a) 825 MHz to 845 MHz; and
(b) 870 MHz to 890 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 in the table in section 5 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 Ministerial 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 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 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 ($)
8100332
103,573
5
636,973.95
8100345
103,573
5
636,973.95
Note In compliance with the Ministerial 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 value of the spectrum in relation to the 800 MHz band (being $1.23/MHz/Pop) 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 8100332, the amount of spectrum access charge is calculated as follows:
$1.23 x 103,573 x 5 = 636,973.95
6 When 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 5 June 2013.
7 Expiry
This Determination ceases to have effect at the end of 17 June 2013.
