5Direction—spectrum access charge for relevant spectrum licences

5 Direction—spectrum access charge for relevant spectrum licences

(1) I direct the ACMA, in making a charges determination that relates to relevant spectrum licences to be issued to NBN Co, to: (a) fix the amount of the charges payable by NBN Co for the issue of those licences; and (b) specify the times at which those charges are payable; in accordance with this section.

Note: Subsection 294(1) of the Act provides that the ACMA may, by written instrument, make determinations fixing the amount of spectrum access charges payable by licensees for issuing spectrum licences and specifying the times when spectrum access charges are payable.

Spectrum access charge—inner-metropolitan areas (2) The amount of spectrum access charges payable by NBN Co for issuing one or more relevant spectrum licences that authorise the operation of radiocommunications devices within a designated area that is an inner-metropolitan area (inner-metropolitan charges) must be, in the aggregate: (a) if all relevant spectrum licences are no longer in force at the start of the first anniversary of the first of those licences coming into force—nil; or (b) if any relevant spectrum licence is still in force at the start of the first anniversary of the first of those licences coming into force—$226,441,720. (3) The aggregate amount of the inner-metropolitan charges (if any) must be payable on: (a) if only one relevant spectrum licence is issued—the day which is the first anniversary of that licence coming into force; or (b) if more than one relevant spectrum licence is issued—the day which is the first anniversary of the first of those licences coming into force. Spectrum access charge—outer-metropolitan areas (4) The amount of spectrum access charges payable by NBN Co for issuing one or more relevant spectrum licences that authorise the operation of radiocommunications devices within a designated area that is an outer-metropolitan area (outer-metropolitan charges) must be, in the aggregate, $57,146,840. (5) NBN Co is to be permitted to elect to pay the outer-metropolitan charges in instalments, subject to the terms set out in subsection (6). (6) If NBN Co elects to pay the outer-metropolitan charges in instalments: (a) the aggregate amount of the charges must be payable in 10 equal instalments; (b) the first instalment must be payable prior to: (i) if only one relevant spectrum licence is issued—that licence coming into force; or (ii) if more than one relevant spectrum licence is issued—the first of those licences coming into force; (c) each further instalment must, until the full amount of the charges are paid, be payable in annual instalments on: (i) if only one relevant spectrum licence is issued—each anniversary of that licence coming into force; or (ii) if more than one relevant spectrum licence is issued—each anniversary of the first of those licences coming into force.