Telecommunications Carrier Licence Charges (Annual Charges) Determination (No. 1) 2022

This Act has been repealed and is no longer in force. It is retained for historical reference.

This Determination sets the annual licence charges for Australian telecommunications carriers for 2020–21 (calculated from 2019–20 data). Exempt carriers that were non‑participating in 2019–20 pay $0; all other carriers pay a three‑part charge: a share of general ACMA/ACCC/Minister costs allocated by eligible revenue, a CSPA charge allocated among qualifying RSPs by revenue, and an MBA charge allocated by attributable NBN fixed‑line connections. The specific amounts are in Schedules 1–3; the instrument expires 1 July 2023.

This legislative instrument sets the annual carrier licence charges for a defined group of carrier licences for the relevant year, specifies how those charges are calculated, and fixes numeric amounts used in those calculations. It is a determination made under subsection 14(1) of the Telecommunications (Carrier Licence Charges) Act 1997 (the Act) (s 3). The instrument:

only applies to carrier licences that were in force at the beginning of the 2020-2021 financial year (s 5);
establishes that an exempt carrier licence attracts a $0 charge (s 8);
prescribes a three-part method for ascertaining the charge for all other carrier licences named in Schedule 1 (s 9(2)-(5)), using fixed numeric aggregates and carrier-specific data in Schedules 1-3; and
is conditional in commencement on registration and the prior commencement of a separate ACMA determination; and it is repealed at the start of 1 July 2023 (s 2; s 4).

Mechanically, the charge for a non-exempt carrier named in Schedule 1 is the sum of up to three components (s 9(2)). The first component allocates a pool of ACMA/Minister/ACCC costs (labelled MCA less OTC) across carriers in proportion to each carrier’s eligible revenue for the 2019-2020 financial year (s 9(3)). The second component allocates the Consumer Safeguards Part A (CSPA) program cost across carriers that were qualifying retail carriage service providers (QRCSPs) in 2019-2020, in proportion to each such carrier’s eligible revenue (s 9(4)). The third component allocates the ACCC’s Measuring Broadband Australia (MBA) program costs across carriers that have NBN fixed line connections tested in the MBA, in proportion to each carrier’s fixed line connections (FLC) count in Schedule 3 (s 9(5)).

The instrument also fixes the numeric pools and denominators used in those formulas: MCA (excluding CSPA and MBA) is $29,470,809; OTC (other telecommunications costs recovered elsewhere) is $130,980; TER (total eligible revenue for Schedule 1 carriers) is $24,525,943,678; CSPA program cost is $886,266; TERQRCSP (eligible revenue for QRCSPs) is $19,474,987,193; APC (annual program costs attributable to the MBA) is $1,599,297; and TFLC (total fixed line connections) is 6,899,851 (s 9 notes). Those fixed numbers are used with the carrier-specific ER, ERQRCSP and FLC entries that are listed in Schedules 1-3 to produce each carrier’s annual charge (s 9).

The instrument therefore changes only the annual charge amounts and calculation method for the set of licences covered. It does not, within its text, set payment mechanics, enforcement mechanisms, or penalties; those remain matters addressed by the Act and related instruments, which this instrument cites as its authority (s 3; see also the instrument’s references to other determinations and to the TCPSS Act and other rules in s 7 and the definitions in s 6).

The instrument uses a small set of recurring technical concepts; understanding them is necessary to compute and to interpret incentives and burdens.

Carrier licence and carrier licence charge: The instrument applies to carrier licences defined in the text (s 5) and uses the phrase "carrier licence charge" to mean a charge within the meaning of Part 3 of the Act (s 6). The instrument does not itself re-state Part 3, but it adopts that terminology as its object.
Exempt carrier licence: A licence is exempt if it was held by a carrier that was a "non-participating person" for the eligible revenue period 1 July 2019 to 30 June 2020. An exempt carrier licence pays $0 (s 6 definition; s 8). The term "non-participating person" is cross-referenced to the Telecommunications (Participating Persons) Determination 2015 (s 6).
Eligible revenue (ER) and eligible revenue period: Eligible revenue is used repeatedly to proportion costs. The instrument adopts the definition of eligible revenue from the Telecommunications (Consumer Protection and Service Standards) Act 1999 (TCPSS Act) and uses the ACMA’s assessment under subsection 47(1) of the TCPSS Act as the source of each carrier’s ER for the 2019-2020 year (s 6; s 9 notes).
QRCSP and CSPA: QRCSPs are qualifying retail carriage service providers as defined in the Telecommunications (Consumer Complaints) Record-Keeping Rules 2018; carriers who were QRCSPs in 2019-2020 are subject to the second formula component which allocates CSPA program costs (s 6; s 9(4) notes). CSPA refers to the ACMA program described in the instrument as the Consumer Safeguards Part A program, concerned with complaints data analysis, transparency and reporting (s 6).
MBA, FLC and test segment: MBA is the ACCC’s Measuring Broadband Australia program. The third component allocates MBA costs on the basis of the number of NBN fixed line connections (FLC) attributable to carriers in MBA test segments during 2019-2020 (s 6; s 9(5) notes). The instrument explains that the NBN fixed line network excludes fixed wireless and satellite access networks for these purposes (s 6 note).
Fixed numeric aggregates and denominators: The instrument fixes aggregate costs and denominators that are used in the formulas: MCA $29,470,809, OTC $130,980, TER $24,525,943,678, CSPA $886,266, TERQRCSP $19,474,987,193, APC $1,599,297, TFLC 6,899,851 (s 9 notes). Those numbers are treated as given constants for the calculation year.

The instrument is targeted and limited in scope. It applies to carrier licences that were in force at the beginning of the 2020-2021 financial year (s 5). A carrier licence is the statutory licensing instrument to which the charge attaches (s 6). The practical effect is that:

Carriers named in Schedule 1 are the principal group that will be charged. For those carriers the instrument prescribes the method of ascertaining an annual carrier licence charge and supplies the constants used in the calculation (s 9(2)-(3)).
Carriers that were non-participating persons for the eligible revenue period 1 July 2019 to 30 June 2020 are treated as exempt carrier licence holders and pay $0 (s 6 definition; s 8). The instrument therefore treats carriers differently according to their participating status in the 2019-2020 eligible revenue period.
Carriers that were qualifying retail carriage service providers (QRCSPs) in the 2019-2020 financial year have a second, specific allocation applied to them to fund ACMA’s CSPA program; their share is calculated using their ER for that year and the TERQRCSP denominator (s 9(4)). Thus QRCSP status in 2019-2020 determines whether the CSPA component applies.
Carriers that operated NBN fixed line connections attributable to MBA test segments in 2019-2020 are included in Schedule 3 and carry an allocation of the MBA program cost proportional to their FLC count (s 9(5)). Carriers without NBN fixed line connections in those test segments escape that component.
The ACMA and the ACCC are involved as data providers and as originators of costs that are recovered in the pool. The instrument draws its numeric pools partly from ACMA and ACCC determinations referenced under paragraph 15(1) of the Act (s 9 notes).

Who pays: the carriers named in Schedule 1 that are not exempt (s 9(1)-(2); s 8). Who decides: the instrument is made by the Commonwealth under s 14(1) of the Act (s 3), and it depends on ACMA and ACCC determinations and data to set cost pools and denominators (s 9 notes; s 2 commencement dependency). What behaviour changes: carriers with higher eligible revenue for 2019-2020 or larger numbers of MBA-attributable fixed line connections bear higher shares of the pooled costs; carriers that were non-participating in 2019-2020 pay nothing. The instrument uses past-period metrics rather than contemporaneous metrics to allocate current-year charges (s 9 notes; s 5).

The instrument primarily prescribes calculation obligations rather than behavioural duties. Its operative duties and entitlements, as stated in the text, are:

Duty to pay: The instrument establishes the amount of carrier licence charge imposed on carrier licences (s 8; s 9(2)). That imposition creates a monetary obligation attaching to each non-exempt carrier licence named in Schedule 1. The instrument does not within its text set out a timetable or method of payment; it confines itself to determining the amount (s 9).
Right to $0 charge for exempt licences: A carrier licence that meets the exempt definition,i.e. held by a carrier that was a non-participating person for the eligible revenue period 2019-2020,has the right to an imposed amount of $0 under s 8. That is an express entitlement in the instrument.
Calculation rights of carriers: Carriers have the right, by reference to the instrument, to compute their imposed charge using the specified formulas and constants in s 9 and the carrier-specific entries in Schedules 1-3. The instrument fixes the denominators and numerators for the relevant program costs and sets out the exact formulas: proportional allocation of (MCA minus OTC) by ER (s 9(3)), allocation of CSPA by ER among QRCSPs (s 9(4)), and allocation of APC by FLC (s 9(5)). The instrument thereby provides carriers with the information needed to calculate their liability.
Cross-references creating administrative rights and duties: The instrument relies on ACMA’s assessment of eligible revenue under subsection 47(1) of the TCPSS Act for the ER figures used in calculations (s 9 notes; s 6). It also relies on ACCC-provided data for FLC counts (s 9(5) notes). Those cross-references imply that the method of ascertainment of the carrier-specific inputs is governed by the ACMA and ACCC assessments and data; the instrument itself does not create or modify assessment procedures.
Temporal and commencement conditions: The instrument only commences after registration and the commencement of a specified ACMA determination; it may therefore create a duty to check commencement conditions prior to calculating obligations (s 2). It is also expressly repealed at the start of 1 July 2023 (s 4), which creates a temporal limit on the duration of the obligations it imposes.
Limited scope for discretion inside the instrument: The instrument fixes numbers and formulas; it does not create ministerial or agency discretion to alter the pools or denominators within the text. Discretion for the underlying numbers is vested in the ACMA and ACCC under paragraph 15(1) of the Act, as acknowledged in the notes to s 9. The instrument therefore encodes outcomes of other statutory processes rather than creating new discretionary mechanisms.

The instrument does not itself set out penalties, enforcement mechanisms, recovery processes, or sanctions for non-payment. Its text is limited to determining the amount of an annual carrier licence charge, the method for ascertaining that amount, the application scope, commencement conditions, definitions, and references to other instruments (see s 1-9). Specific observations from the instrument:

Absence of penalty provisions: There is no clause in this instrument that prescribes penalties, interest, suspension, administrative enforcement powers, or recovery mechanisms for failure to pay a carrier licence charge.
Delegation to parent Act and other instruments: The instrument is made under subsection 14(1) of the Telecommunications (Carrier Licence Charges) Act 1997 (s 3), and it repeatedly references the Act for definitions and authority (s 6; s 9 notes). The Act itself is therefore the legal basis for any enforcement, recovery or compliance machinery, but those provisions are not reproduced in this determination. Practitioners must therefore consult the Act for the operational enforcement consequences of non-payment or late payment.
Role of ACMA and ACCC: The instrument recognises that costs recovered are tied to ACMA and ACCC determinations under paragraph 15(1) of the Act (s 9 notes). If enforcement or collection actions are to be taken by those agencies, such powers would derive from the Act or other administrative instruments rather than from this determination.
Practical implication: For purposes of compliance planning, a carrier should treat the instrument as specifying the monetary amount liable under the Act and should therefore expect that failure to pay that amount will have the enforcement consequences set out in the Act. The instrument itself provides no schedule, payment method or penalty calculation in the event of non-payment; it is therefore necessary to use the Act and any implementing agency notices to determine enforcement steps.

Given the instrument’s silence on penalties and enforcement, any legal advice or decision about recovery, dispute, or enforcement must be rooted in the parent Act and agency guidance, not in this determination’s text.

The instrument explicitly links to a number of other legislative instruments and statutes and relies on external determinations and data sources to define inputs and to justify the amounts recovered. Relevant interactions, as stated in the instrument, are:

Telecommunications (Carrier Licence Charges) Act 1997 (the Act): The instrument is made under subsection 14(1) of the Act (s 3). It uses terms defined in the Act (for example, ACMA’s telecommunications functions and ACMA’s telecommunications powers are noted as defined in the Act) and implements cost recovery outcomes determined under paragraph 15(1) of the Act by the ACMA and the ACCC, and determinations made by the Minister (s 9 notes). The instrument therefore functions as a derivative monetary determination under the Act.
ACMA and ACCC determinations under paragraph 15(1) of the Act: The instrument states that MCA is the total sum of amounts determined under subsection 15(1) of the Act, as specified in the ACMA’s Telecommunications Carrier Licence Charges (Specification of Costs by the ACMA) Determination (No. 1) 2022 and the ACCC’s 2022 Determination under paragraph 15(1)(b), and a Ministerial determination for 2021 (s 9(3) notes). It excludes the portions that relate to CSPA and MBA respectively, demonstrating that the instrument imports the outputs of those separate determinations and then adjusts them into the pools used for allocation.
TCPSS Act and ACMA assessments: Eligible revenue (ER) is defined by reference to the TCPSS Act; the carrier-specific ERs used in the formulas are those assessed by the ACMA under subsection 47(1) of the TCPSS Act for the 2019-2020 financial year (s 6; s 9 notes). Thus the calculation depends on assessment procedures and definitions in the TCPSS Act.
Telecommunications (Participating Persons) Determination 2015: The exempt carrier licence definition depends on whether a carrier was a "non-participating person" in the eligible revenue period, with that term having the same meaning as in the 2015 determination (s 6). This ties the exemption rule to a prior legislative instrument and its criteria.
Telecommunications (Consumer Complaints) Record‑Keeping Rules 2018: The QRCSP concept used in s 9(4) is drawn from the Record‑Keeping Rules 2018; Schedule 2 lists carriers who were QRCSPs in 2019-2020 and their eligible revenue (s 6; s 9(4) notes).
ACCC MBA data: The MBA-related component uses FLC figures derived from ACCC-provided information about NBN fixed line connections in MBA test segments (s 9(5) notes). The instrument therefore depends on ACCC operational data for factual inputs.

The instrument’s text, as provided, contains explicit commencement and repeal mechanics and references to other determinations that explain where its numeric inputs originate. The amendment history visible within the instrument is limited to the following points:

Commencement conditions: The instrument commences on the later of the start of the day after registration on the Federal Register of Legislation and the commencement of the Telecommunications Carrier Licence Charges (Specification of Costs by the ACMA) Determination (No. 1) 2022 (s 2(1)). The instrument further states it does not commence at all unless both events occur (s 2(2) note). This conditionality links its operative date to the ACMA’s separate specification of costs.
Repeal: The instrument is repealed at the start of 1 July 2023 (s 4). The repeal is stated multiple times in the text and in notes. That establishes a firm expiry date for its operation and indicates it is intended as a single-year (or definable-period) instrument rather than an open-ended charging regime.
Application period: The instrument expressly applies to carrier licences that were in force at the beginning of the 2020-2021 financial year (s 5). That application clause fixes the cohort and period to which this determination pertains.
Fixed numeric insertions: The instrument itself inserts fixed numeric aggregates and denominators in s 9 notes (MCA, OTC, TER, CSPA, TERQRCSP, APC, TFLC). Those numeric entries are effectively operational amendments relative to a blank method: they implement the costs determined elsewhere. The instrument therefore can be read as the implementing determination that brings together assessment outputs from other bodies for a defined period.
Cross-referenced determinations as antecedent instruments: The instrument depends on the ACMA and ACCC determinations made under paragraph 15(1) of the Act for the underlying cost amounts; those antecedent determinations are cited but not repeated. Any change to those antecedent instruments would in practice alter the basis for the numbers this instrument uses, but this instrument itself fixes the numbers as given.

The instrument provides no internal history of prior amendments to its own text beyond its repeal date and the immediate commencement preconditions. If this instrument were to be amended prior to repeal, that amendment would have to be effected by a subsequent legislative instrument or by replacing the fixed numbers and Schedules; none of those paths are recorded in the text provided.

The instrument contains no references to litigation, court decisions, or appeals. It does not name any case law and does not record any judicial history relevant to its content. The available text contains only the determination, definitions, formulas, numeric figures and references to other legislative instruments and administrative determinations. Therefore, within the instrument itself there is no litigation history to report.

Practitioners seeking case law on challenges to carrier licence charge determinations, contestation of ACMA or ACCC cost specifications, or disputes over eligible revenue assessments will need to consult external sources and the parent Act’s dispute resolution or review provisions. The instrument does not, in its text, create or record any such proceedings or precedent.

The instrument is short but contains several points that can produce practical surprises for carriers, advisers and administrators. The key "gotchas" grounded directly in the instrument are:

Application limited to licences in force at a specific snapshot date: The instrument applies only to carrier licences that were in force at the beginning of the 2020-2021 financial year (s 5). A licence activated after that snapshot date is not within the charge cohort even if the carrier later held licences. Conversely, licences surrendered after that date but held at the snapshot will be within scope. Practitioners must check licence status at that specific time.
Exemption tied to historical participating status: Exemptions are determined by whether a carrier was a "non-participating person" for the eligible revenue period 1 July 2019 to 30 June 2020 (s 6 definition; s 8). That means exemption is based on a prior-period administrative classification rather than on current behaviour. Carriers that changed participating status after the eligible revenue period are not treated as exempt under this instrument.
Past-period metrics used for current-year charges: The instrument uses 2019-2020 eligible revenue and FLC data for the charge payable under the 2022 determination (s 9 notes). That creates a mismatch between cost causation in the year of charge and the historical activity used for apportionment.
Multiple and overlapping allocation components: Non-exempt carriers will often be subject to up to three allocations: the general ER-proportional share ((MCA − OTC) × ER/TER), the CSPA ER-proportional share for QRCSPs, and the MBA FLC-proportional share for carriers in Schedule 3 (s 9(2)-(5)). A carrier may appear in one, two or all three Schedules, producing multiple additive liabilities.
Fixed numeric denominators and numerators: The instrument fixes denominators and numerators as constants (MCA, OTC, TER, CSPA, TERQRCSP, APC, TFLC) (s 9 notes). Those numbers are definitive for calculation under this instrument and are not subject to recalculation within the text. If ACMA or ACCC later correct the underlying data that produced those constants, this instrument does not provide internal recalculation mechanisms; practitioners should investigate whether a separate instrument is needed to adjust numbers.
OTC as a deduction from the MCA pool: The formula in s 9(3) uses (MCA − OTC) as the recoverable pool, where OTC is described as costs that were recovered from telecommunications charges other than annual carrier licence charges (s 9(3) notes). Practically, that reduces the pool allocated by ER, but the instrument does not explain why certain costs are in OTC or how carriers can verify the classification.

The instrument sets out a concrete, formulaic compliance pathway for carriers named in the Schedules. To comply, follow these steps strictly using the instrument’s provisions and Schedules as the authoritative inputs:

Confirm application and commencement:
- Verify that the instrument has commenced, which requires registration on the Federal Register of Legislation and the commencement of the ACMA’s specified determination (s 2(1)). The instrument does not take effect unless both conditions have occurred (s 2(2) note).
- Confirm your carrier licence was in force at the beginning of the 2020-2021 financial year (s 5). If not, this instrument does not apply.
Determine exemption status:
- Check whether your carrier was a non-participating person in the eligible revenue period 1 July 2019 to 30 June 2020. If so, your carrier licence is an exempt carrier licence and the amount imposed is $0 under s 8. The definition of "non-participating person" is as in the Telecommunications (Participating Persons) Determination 2015 (s 6).
Locate your carrier in Schedules:
- If not exempt, find your carrier’s entry in Schedule 1 to obtain the eligible revenue (ER) value used in the primary formula (s 9(2)-(3)). If you are also listed in Schedule 2, you will use the ER entry there (ERQRCSP) for the CSPA allocation (s 9(4)). If you appear in Schedule 3, find the FLC count to compute the MBA allocation (s 9(5)).
Compute the ER-proportional component:
- Use the formula in s 9(3): (MCA − OTC) × (ER / TER).
  - MCA is fixed at $29,470,809, OTC at $130,980, and TER at $24,525,943,678 (s 9(3) notes).
  - Substitute your ER from Schedule 1 and calculate the product.
Compute the CSPA component if applicable:
- If you are a QRCSP and listed in Schedule 2, compute CSPA × (ERQRCSP / TERQRCSP) where CSPA = $886,266 and TERQRCSP = $19,474,987,193 (s 9(4) notes). Use the ERQRCSP value from Schedule 2 for the numerator.
Compute the MBA component if applicable:
- If you appear in Schedule 3, compute APC × (FLC / TFLC) where APC = $1,599,297 and TFLC = 6,899,851 (s 9(5) notes). Use your FLC figure from Schedule 3.

1 Name

This is the Telecommunications Carrier Licence Charges (Annual Charges) Determination (No. 1) 2022.

2 Commencement

(1) This instrument commences on the later of:

(a) the start of the day after the day it is registered on the Federal Register of Legislation; and

(b) the commencement of the Telecommunications Carrier Licence Charges (Specification of Costs by the ACMA) Determination (No. 1) 2022.

Note: The Federal Register of Legislation may be accessed free of charge at www.legislation.gov.au.

Note: (2) However, this instrument does not commence at all unless both of the events mentioned in paragraphs (1)(a) and (b) occur.

3 Authority

This instrument is made under subsection 14(1) of the Telecommunications (Carrier Licence Charges) Act 1997.

1 Name

This is the Telecommunications Carrier Licence Charges (Annual Charges) Determination (No. 1) 2022.

2 Commencement

(1) This instrument commences on the later of:

(a) the start of the day after the day it is registered on the Federal Register of Legislation; and

(b) the commencement of the Telecommunications Carrier Licence Charges (Specification of Costs by the ACMA) Determination (No. 1) 2022.

Note: The Federal Register of Legislation may be accessed free of charge at www.legislation.gov.au.

Note: (2) However, this instrument does not commence at all unless both of the events mentioned in paragraphs (1)(a) and (b) occur.

3 Authority

This instrument is made under subsection 14(1) of the Telecommunications (Carrier Licence Charges) Act 1997.

4 Repeal of this instrument

This instrument is repealed at the start of 1 July 2023.

5 Application

This instrument applies to carrier licences that were in force at the beginning of the 2020-2021 financial year.

6 Definitions

In this instrument:

ACCC means the Australian Competition and Consumer Commission.

Act means the Telecommunications (Carrier Licence Charges) Act 1997.

carrier licence means a carrier licence to which this Determination applies, as provided by section 5.

carrier licence charge means a charge within the meaning of Part 3 of the Act.

CSPA (or Consumer Safeguards Part A) means the program of work undertaken by the ACMA to enhance analysis, transparency and reporting of telecommunications complaints data.

eligible revenue has the same meaning as in the TCPSS Act.

eligible revenue period has the same meaning as in the TCPSS Act.

exempt carrier licence means a carrier licence that was held by a carrier that was a non-participating person for the eligible revenue period that began on 1 July 2019 and ended on 30 June 2020.

MBA means the Measuring Broadband Australia program conducted by the ACCC to monitor and report on the performance of fixed line broadband services delivered over the National Broadband Network (NBN).

NBN fixed line connection means a fixed line broadband service delivered over the NBN fixed line network.

Note: The NBN fixed line network is part of the NBN but does not include a fixed wireless network or satellite access network.

non-participating person has the same meaning as in the Telecommunications (Participating Persons) Determination 2015.

qualifying retail carriage service provider or QRCSP has the same meaning as in the Telecommunications (Consumer Complaints) Record-Keeping Rules 2018.

Note: The Telecommunications (Consumer Complaints) Record-Keeping Rules 2018 are available, free of charge, on the Federal Register of Legislation: www.legislation.gov.au.

TCPSS Act means the Telecommunications (Consumer Protection and Service Standards) Act 1999.

test segment means a class of broadband service that is tested in accordance with specified conditions under the MBA.

Note: The following expressions used in this instrument are defined in the Act:

(a) ACMA’s telecommunications functions;
(b) ACMA’s telecommunications powers.

7 References to other instruments

In this instrument, unless the contrary intention appears:

(a) a reference to any other legislative instrument is a reference to that other legislative instrument as in force from time to time; and

(b) a reference to any other kind of instrument is a reference to that other instrument as in force at the commencement of this instrument.

Note 1: For references to Commonwealth Acts, see section 10 of the Acts Interpretation Act 1901; and see also subsection 13(1) of the Legislation Act 2003 for the application of the Acts Interpretation Act 1901 to legislative instruments.

Note 2: All Commonwealth Acts and legislative instruments are registered on the Federal Register of Legislation.

8 Carrier licence charge – exempt carrier licence

The amount of carrier licence charge imposed on an exempt carrier licence is $0.

9 Method of ascertaining carrier licence charge – other carrier licences

(1) This section applies to a carrier licence that is not an exempt carrier licence.

(2) The amount of carrier licence charge imposed on a carrier licence in relation to a carrier named in an item in Schedule 1 is equal to the sum of the amounts ascertained using the formulas in subsections (3) to (5), as applicable.

Note: The formula in subsection (3) applies to all the carriers named in Schedule 1. In addition, the formula in subsection (4) applies to all the carriers named in Schedule 2 (carriers who were also qualifying retail carriage service providers during the 2019-2020 financial year), and the formula in subsection (5) applies to all the carriers named in Schedule 3.

(3) The amount for the purposes of this subsection is ascertained using the formula:

Open bracket MCA minus OTC close bracket multiplied by start fraction ER over TER end fraction

where:

MCA (maximum charge amount, excluding costs relating to the CSPA and the MBA) is $29 470 809.

Note: This amount is the total sum of the amounts determined under subsection 15(1) of the Act as specified in the following instruments, excluding costs relating to the CSPA and the MBA:

Note: (a) the Telecommunications Carrier Licence Charges (Specification of Costs by the ACMA) Determination (No. 1) 2022, made by the ACMA under paragraphs 15(1)(a), (c) and (ca) of the Act (excluding the portion of the amount determined by the ACMA under paragraph 15(1)(a) that relates to the CSPA);

Note: (b) the 2022 Determination under paragraph 15(1)(b), made by the ACCC under paragraph 15(1)(b) of the Act (excluding the portion of the amount that relates to the MBA); and

Note: (c) the Telecommunications (Carrier Licence Charges) (Paragraph 15(1)(d)) Determination 2021 (No. 1), made by the Minister under paragraph 15(1)(d) of the Act.

OTC (other telecommunications costs) is $130 980.

Note: This amount relates to costs that:

Note: (a) are part of the proportion of the ACMA’s costs for the 2019–2020 financial year that is attributable to the ACMA’s telecommunications functions and powers; and

Note: (b) have been recovered from telecommunications charges (other than annual carrier licence charges).

Note: (The amount determined to be the proportion of the ACMA’s costs for the 2019–2020 financial year that is attributable to the ACMA’s telecommunications functions and powers is $14 521 169 — see section 6 of the Telecommunications Carrier Licence Charges (Specification of Costs by the ACMA) Determination (No. 1) 2022). This figure includes the CSPA costs.

ER (eligible revenue), for the carrier, is the corresponding amount mentioned in the item in Schedule 1.

Note: This amount is the eligible revenue of the carrier for the 2019–2020 financial year as assessed by the ACMA under subsection 47(1) of the TCPSS Act.

TER (total eligible revenue) is $24 525 943 678.

Note: This amount is the total sum of the eligible revenue of all the carriers named in Schedule 1 for the 2019–2020 financial year as assessed by the ACMA under subsection 47(1) of the TCPSS Act.

(4) The amount for the purposes of this subsection is ascertained using the formula:

CSPA multiplied by start fraction ERQRCSP over TERQRCSP end fraction

Note: where:

Note: CSPA (Consumer Safeguards Part A) program cost is equal to $886 266.

Note: This amount is the portion of the costs incurred by the ACMA during the 2019-2020 financial year, as determined by the ACMA under paragraph 15(1)(a) of the Act, that relates to the CSPA.

Note: ERQRCSP (eligible revenue of qualifying retail carriage service provider), for the QRCSP, is the corresponding amount mentioned in the item in Schedule 2.

Note: This amount is the eligible revenue of the carrier, who was also a QRCSP for the 2019–2020 financial year, as assessed by the ACMA under subsection 47(1) of the TCPSS Act. Schedule 2 lists each carrier who was also a QRCSP in the 2019-2020 financial year and their eligible revenue.

Note: TERQRCSP (total eligible revenue of qualifying retail carriage service providers) is $19 474 987 193.

Note: This amount is the total sum of the eligible revenue of all the carriers who were also QRCSPs for the 2019–2020 financial year, as assessed by the ACMA under subsection 47(1) of the TCPSS Act. Schedule 2 sets out the eligible revenue of all carriers who were also QRCSPs for the 2019-2020 financial year.

(5) The amount for the purpose of this subsection is ascertained using the formula:

APC multiplied by start fraction FLC over TFLC end fraction

where:

APC (annual program costs) is equal to $1 599 297.

Note: This amount is the portion of the costs incurred by the ACCC during the 2019-2020 financial year, as determined by the ACCC under paragraph 15(1)(b) of the Act, that are attributable to the MBA.

FLC (fixed line connections) is the number listed for each carrier in an item in Schedule 3.

Note: The FLC figure for each carrier is derived from information provided by the ACCC about the number of NBN fixed line connections operated in a test segment which are attributable to carriers during the 2019-2020 financial year.

TFLC (total fixed line connections) is equal to 6 899 851.

Note: This figure is derived from information provided by the ACCC about the total number of NBN fixed line connections operated in a test segment that are attributable to carriers during the 2019-2020 financial year.

1 Name

This is the Telecommunications Carrier Licence Charges (Annual Charges) Determination (No. 1) 2022.

2 Commencement

(1) This instrument commences on the later of:

(a) the start of the day after the day it is registered on the Federal Register of Legislation; and

(b) the commencement of the Telecommunications Carrier Licence Charges (Specification of Costs by the ACMA) Determination (No. 1) 2022.

Note: The Federal Register of Legislation may be accessed free of charge at www.legislation.gov.au.

Note: (2) However, this instrument does not commence at all unless both of the events mentioned in paragraphs (1)(a) and (b) occur.

3 Authority

This instrument is made under subsection 14(1) of the Telecommunications (Carrier Licence Charges) Act 1997.

4 Repeal of this instrument

This instrument is [Repealed] at the start of 1 July 2023.

5 Application

This instrument applies to carrier licences that were in force at the beginning of the 2020-2021 financial year.

6 Definitions

In this instrument:

ACCC means the Australian Competition and Consumer Commission.

Act means the Telecommunications (Carrier Licence Charges) Act 1997.

carrier licence means a carrier licence to which this Determination applies, as provided by section 5.

carrier licence charge means a charge within the meaning of Part 3 of the Act.

CSPA (or Consumer Safeguards Part A) means the program of work undertaken by the ACMA to enhance analysis, transparency and reporting of telecommunications complaints data.

eligible revenue has the same meaning as in the TCPSS Act.

eligible revenue period has the same meaning as in the TCPSS Act.

exempt carrier licence means a carrier licence that was held by a carrier that was a non-participating person for the eligible revenue period that began on 1 July 2019 and ended on 30 June 2020.

MBA means the Measuring Broadband Australia program conducted by the ACCC to monitor and report on the performance of fixed line broadband services delivered over the National Broadband Network (NBN).

NBN fixed line connection means a fixed line broadband service delivered over the NBN fixed line network.

Note: The NBN fixed line network is part of the NBN but does not include a fixed wireless network or satellite access network.

non-participating person has the same meaning as in the Telecommunications (Participating Persons) Determination 2015.

qualifying retail carriage service provider or QRCSP has the same meaning as in the Telecommunications (Consumer Complaints) Record-Keeping Rules 2018.

Note: The Telecommunications (Consumer Complaints) Record-Keeping Rules 2018 are available, free of charge, on the Federal Register of Legislation: www.legislation.gov.au.

TCPSS Act means the Telecommunications (Consumer Protection and Service Standards) Act 1999.

test segment means a class of broadband service that is tested in accordance with specified conditions under the MBA.

Note: The following expressions used in this instrument are defined in the Act:

(a) ACMA’s telecommunications functions;
(b) ACMA’s telecommunications powers.

7 References to other instruments

In this instrument, unless the contrary intention appears:

(a) a reference to any other legislative instrument is a reference to that other legislative instrument as in force from time to time; and

(b) a reference to any other kind of instrument is a reference to that other instrument as in force at the commencement of this instrument.

Note 1: For references to Commonwealth Acts, see section 10 of the Acts Interpretation Act 1901; and see also subsection 13(1) of the Legislation Act 2003 for the application of the Acts Interpretation Act 1901 to legislative instruments.

Note 2: All Commonwealth Acts and legislative instruments are registered on the Federal Register of Legislation.

8 Carrier licence charge – exempt carrier licence

The amount of carrier licence charge imposed on an exempt carrier licence is $0.

9 Method of ascertaining carrier licence charge – other carrier licences

(1) This section applies to a carrier licence that is not an exempt carrier licence.

Note: The formula in subsection (3) applies to all the carriers named in Schedule 1. In addition, the formula in subsection (4) applies to all the carriers named in Schedule 2 (carriers who were also qualifying retail carriage service providers during the 2019-2020 financial year), and the formula in subsection (5) applies to all the carriers named in Schedule 3.

(3) The amount for the purposes of this subsection is ascertained using the formula:

Open bracket MCA minus OTC close bracket multiplied by start fraction ER over TER end fraction

where:

MCA (maximum charge amount, excluding costs relating to the CSPA and the MBA) is $29 470 809.

Note: This amount is the total sum of the amounts determined under subsection 15(1) of the Act as specified in the following instruments, excluding costs relating to the CSPA and the MBA:

Note: (a) the Telecommunications Carrier Licence Charges (Specification of Costs by the ACMA) Determination (No. 1) 2022, made by the ACMA under paragraphs 15(1)(a), (c) and (ca) of the Act (excluding the portion of the amount determined by the ACMA under paragraph 15(1)(a) that relates to the CSPA);

Note: (b) the 2022 Determination under paragraph 15(1)(b), made by the ACCC under paragraph 15(1)(b) of the Act (excluding the portion of the amount that relates to the MBA); and

Note: (c) the Telecommunications (Carrier Licence Charges) (Paragraph 15(1)(d)) Determination 2021 (No. 1), made by the Minister under paragraph 15(1)(d) of the Act.

OTC (other telecommunications costs) is $130 980.

Note: This amount relates to costs that:

Note: (a) are part of the proportion of the ACMA’s costs for the 2019–2020 financial year that is attributable to the ACMA’s telecommunications functions and powers; and

Note: (b) have been recovered from telecommunications charges (other than annual carrier licence charges).

Note: (The amount determined to be the proportion of the ACMA’s costs for the 2019–2020 financial year that is attributable to the ACMA’s telecommunications functions and powers is $14 521 169 — see section 6 of the Telecommunications Carrier Licence Charges (Specification of Costs by the ACMA) Determination (No. 1) 2022). This figure includes the CSPA costs.

ER (eligible revenue), for the carrier, is the corresponding amount mentioned in the item in Schedule 1.

Note: This amount is the eligible revenue of the carrier for the 2019–2020 financial year as assessed by the ACMA under subsection 47(1) of the TCPSS Act.

TER (total eligible revenue) is $24 525 943 678.

Note: This amount is the total sum of the eligible revenue of all the carriers named in Schedule 1 for the 2019–2020 financial year as assessed by the ACMA under subsection 47(1) of the TCPSS Act.

(4) The amount for the purposes of this subsection is ascertained using the formula:

CSPA multiplied by start fraction ERQRCSP over TERQRCSP end fraction

Note: where:

Note: CSPA (Consumer Safeguards Part A) program cost is equal to $886 266.

Note: This amount is the portion of the costs incurred by the ACMA during the 2019-2020 financial year, as determined by the ACMA under paragraph 15(1)(a) of the Act, that relates to the CSPA.

Note: ERQRCSP (eligible revenue of qualifying retail carriage service provider), for the QRCSP, is the corresponding amount mentioned in the item in Schedule 2.

Note: This amount is the eligible revenue of the carrier, who was also a QRCSP for the 2019–2020 financial year, as assessed by the ACMA under subsection 47(1) of the TCPSS Act. Schedule 2 lists each carrier who was also a QRCSP in the 2019-2020 financial year and their eligible revenue.

Note: TERQRCSP (total eligible revenue of qualifying retail carriage service providers) is $19 474 987 193.

Note: This amount is the total sum of the eligible revenue of all the carriers who were also QRCSPs for the 2019–2020 financial year, as assessed by the ACMA under subsection 47(1) of the TCPSS Act. Schedule 2 sets out the eligible revenue of all carriers who were also QRCSPs for the 2019-2020 financial year.

(5) The amount for the purpose of this subsection is ascertained using the formula:

APC multiplied by start fraction FLC over TFLC end fraction

where:

APC (annual program costs) is equal to $1 599 297.

Note: This amount is the portion of the costs incurred by the ACCC during the 2019-2020 financial year, as determined by the ACCC under paragraph 15(1)(b) of the Act, that are attributable to the MBA.

FLC (fixed line connections) is the number listed for each carrier in an item in Schedule 3.

Note: The FLC figure for each carrier is derived from information provided by the ACCC about the number of NBN fixed line connections operated in a test segment which are attributable to carriers during the 2019-2020 financial year.

TFLC (total fixed line connections) is equal to 6 899 851.

Note: This figure is derived from information provided by the ACCC about the total number of NBN fixed line connections operated in a test segment that are attributable to carriers during the 2019-2020 financial year.

5 Application

This instrument applies to carrier licences that were in force at the beginning of the 2020-2021 financial year.

6 Definitions

In this instrument:

ACCC means the Australian Competition and Consumer Commission.

Act means the Telecommunications (Carrier Licence Charges) Act 1997.

carrier licence means a carrier licence to which this Determination applies, as provided by section 5.

carrier licence charge means a charge within the meaning of Part 3 of the Act.

CSPA (or Consumer Safeguards Part A) means the program of work undertaken by the ACMA to enhance analysis, transparency and reporting of telecommunications complaints data.

eligible revenue has the same meaning as in the TCPSS Act.

eligible revenue period has the same meaning as in the TCPSS Act.

exempt carrier licence means a carrier licence that was held by a carrier that was a non-participating person for the eligible revenue period that began on 1 July 2019 and ended on 30 June 2020.

MBA means the Measuring Broadband Australia program conducted by the ACCC to monitor and report on the performance of fixed line broadband services delivered over the National Broadband Network (NBN).

NBN fixed line connection means a fixed line broadband service delivered over the NBN fixed line network.

Note: The NBN fixed line network is part of the NBN but does not include a fixed wireless network or satellite access network.

non-participating person has the same meaning as in the Telecommunications (Participating Persons) Determination 2015.

qualifying retail carriage service provider or QRCSP has the same meaning as in the Telecommunications (Consumer Complaints) Record-Keeping Rules 2018.

Note: The Telecommunications (Consumer Complaints) Record-Keeping Rules 2018 are available, free of charge, on the Federal Register of Legislation: www.legislation.gov.au.

TCPSS Act means the Telecommunications (Consumer Protection and Service Standards) Act 1999.

test segment means a class of broadband service that is tested in accordance with specified conditions under the MBA.

Note: The following expressions used in this instrument are defined in the Act:

(a) ACMA’s telecommunications functions;
(b) ACMA’s telecommunications powers.

7 References to other instruments

In this instrument, unless the contrary intention appears:

(a) a reference to any other legislative instrument is a reference to that other legislative instrument as in force from time to time; and

(b) a reference to any other kind of instrument is a reference to that other instrument as in force at the commencement of this instrument.

Note 1: For references to Commonwealth Acts, see section 10 of the Acts Interpretation Act 1901; and see also subsection 13(1) of the Legislation Act 2003 for the application of the Acts Interpretation Act 1901 to legislative instruments.

Note 2: All Commonwealth Acts and legislative instruments are registered on the Federal Register of Legislation.

8 Carrier licence charge – exempt carrier licence

The amount of carrier licence charge imposed on an exempt carrier licence is $0.

9 Method of ascertaining carrier licence charge – other carrier licences

(1) This section applies to a carrier licence that is not an exempt carrier licence.

Note: The formula in subsection (3) applies to all the carriers named in Schedule 1. In addition, the formula in subsection (4) applies to all the carriers named in Schedule 2 (carriers who were also qualifying retail carriage service providers during the 2019-2020 financial year), and the formula in subsection (5) applies to all the carriers named in Schedule 3.

(3) The amount for the purposes of this subsection is ascertained using the formula:

Open bracket MCA minus OTC close bracket multiplied by start fraction ER over TER end fraction

where:

MCA (maximum charge amount, excluding costs relating to the CSPA and the MBA) is $29 470 809.

Note: This amount is the total sum of the amounts determined under subsection 15(1) of the Act as specified in the following instruments, excluding costs relating to the CSPA and the MBA:

Note: (a) the Telecommunications Carrier Licence Charges (Specification of Costs by the ACMA) Determination (No. 1) 2022, made by the ACMA under paragraphs 15(1)(a), (c) and (ca) of the Act (excluding the portion of the amount determined by the ACMA under paragraph 15(1)(a) that relates to the CSPA);

Note: (b) the 2022 Determination under paragraph 15(1)(b), made by the ACCC under paragraph 15(1)(b) of the Act (excluding the portion of the amount that relates to the MBA); and

Note: (c) the Telecommunications (Carrier Licence Charges) (Paragraph 15(1)(d)) Determination 2021 (No. 1), made by the Minister under paragraph 15(1)(d) of the Act.

OTC (other telecommunications costs) is $130 980.

Note: This amount relates to costs that:

Note: (a) are part of the proportion of the ACMA’s costs for the 2019–2020 financial year that is attributable to the ACMA’s telecommunications functions and powers; and

Note: (b) have been recovered from telecommunications charges (other than annual carrier licence charges).

Note: (The amount determined to be the proportion of the ACMA’s costs for the 2019–2020 financial year that is attributable to the ACMA’s telecommunications functions and powers is $14 521 169 — see section 6 of the Telecommunications Carrier Licence Charges (Specification of Costs by the ACMA) Determination (No. 1) 2022). This figure includes the CSPA costs.

ER (eligible revenue), for the carrier, is the corresponding amount mentioned in the item in Schedule 1.

Note: This amount is the eligible revenue of the carrier for the 2019–2020 financial year as assessed by the ACMA under subsection 47(1) of the TCPSS Act.

TER (total eligible revenue) is $24 525 943 678.

Note: This amount is the total sum of the eligible revenue of all the carriers named in Schedule 1 for the 2019–2020 financial year as assessed by the ACMA under subsection 47(1) of the TCPSS Act.

(4) The amount for the purposes of this subsection is ascertained using the formula:

CSPA multiplied by start fraction ERQRCSP over TERQRCSP end fraction

Note: where:

Note: CSPA (Consumer Safeguards Part A) program cost is equal to $886 266.

Note: This amount is the portion of the costs incurred by the ACMA during the 2019-2020 financial year, as determined by the ACMA under paragraph 15(1)(a) of the Act, that relates to the CSPA.

Note: ERQRCSP (eligible revenue of qualifying retail carriage service provider), for the QRCSP, is the corresponding amount mentioned in the item in Schedule 2.

Note: This amount is the eligible revenue of the carrier, who was also a QRCSP for the 2019–2020 financial year, as assessed by the ACMA under subsection 47(1) of the TCPSS Act. Schedule 2 lists each carrier who was also a QRCSP in the 2019-2020 financial year and their eligible revenue.

Note: TERQRCSP (total eligible revenue of qualifying retail carriage service providers) is $19 474 987 193.

Note: This amount is the total sum of the eligible revenue of all the carriers who were also QRCSPs for the 2019–2020 financial year, as assessed by the ACMA under subsection 47(1) of the TCPSS Act. Schedule 2 sets out the eligible revenue of all carriers who were also QRCSPs for the 2019-2020 financial year.

(5) The amount for the purpose of this subsection is ascertained using the formula:

APC multiplied by start fraction FLC over TFLC end fraction

where:

APC (annual program costs) is equal to $1 599 297.

Note: This amount is the portion of the costs incurred by the ACCC during the 2019-2020 financial year, as determined by the ACCC under paragraph 15(1)(b) of the Act, that are attributable to the MBA.

FLC (fixed line connections) is the number listed for each carrier in an item in Schedule 3.

Note: The FLC figure for each carrier is derived from information provided by the ACCC about the number of NBN fixed line connections operated in a test segment which are attributable to carriers during the 2019-2020 financial year.

TFLC (total fixed line connections) is equal to 6 899 851.

Note: This figure is derived from information provided by the ACCC about the total number of NBN fixed line connections operated in a test segment that are attributable to carriers during the 2019-2020 financial year.

1 Name

This is the Telecommunications Carrier Licence Charges (Annual Charges) Determination (No. 1) 2022.

2 Commencement

(1) This instrument commences on the later of:

(a) the start of the day after the day it is registered on the Federal Register of Legislation; and

(b) the commencement of the Telecommunications Carrier Licence Charges (Specification of Costs by the ACMA) Determination (No. 1) 2022.

Note: The Federal Register of Legislation may be accessed free of charge at www.legislation.gov.au.

Note: (2) However, this instrument does not commence at all unless both of the events mentioned in paragraphs (1)(a) and (b) occur.

3 Authority

This instrument is made under subsection 14(1) of the Telecommunications (Carrier Licence Charges) Act 1997.

4 Repeal of this instrument

1 Name

This is the Telecommunications Carrier Licence Charges (Annual Charges) Determination (No. 1) 2022.

2 Commencement

(1) This instrument commences on the later of:

(a) the start of the day after the day it is registered on the Federal Register of Legislation; and

(b) the commencement of the Telecommunications Carrier Licence Charges (Specification of Costs by the ACMA) Determination (No. 1) 2022.

Note: The Federal Register of Legislation may be accessed free of charge at www.legislation.gov.au.

Note: (2) However, this instrument does not commence at all unless both of the events mentioned in paragraphs (1)(a) and (b) occur.

3 Authority

This instrument is made under subsection 14(1) of the Telecommunications (Carrier Licence Charges) Act 1997.

4 Repeal of this instrument

This instrument is repealed at the start of 1 July 2023.

5 Application

This instrument applies to carrier licences that were in force at the beginning of the 2020-2021 financial year.

6 Definitions

In this instrument:

ACCC means the Australian Competition and Consumer Commission.

Act means the Telecommunications (Carrier Licence Charges) Act 1997.

carrier licence means a carrier licence to which this Determination applies, as provided by section 5.

carrier licence charge means a charge within the meaning of Part 3 of the Act.

CSPA (or Consumer Safeguards Part A) means the program of work undertaken by the ACMA to enhance analysis, transparency and reporting of telecommunications complaints data.

eligible revenue has the same meaning as in the TCPSS Act.

eligible revenue period has the same meaning as in the TCPSS Act.

exempt carrier licence means a carrier licence that was held by a carrier that was a non-participating person for the eligible revenue period that began on 1 July 2019 and ended on 30 June 2020.

MBA means the Measuring Broadband Australia program conducted by the ACCC to monitor and report on the performance of fixed line broadband services delivered over the National Broadband Network (NBN).

NBN fixed line connection means a fixed line broadband service delivered over the NBN fixed line network.

Note: The NBN fixed line network is part of the NBN but does not include a fixed wireless network or satellite access network.

non-participating person has the same meaning as in the Telecommunications (Participating Persons) Determination 2015.

qualifying retail carriage service provider or QRCSP has the same meaning as in the Telecommunications (Consumer Complaints) Record-Keeping Rules 2018.

Note: The Telecommunications (Consumer Complaints) Record-Keeping Rules 2018 are available, free of charge, on the Federal Register of Legislation: www.legislation.gov.au.

TCPSS Act means the Telecommunications (Consumer Protection and Service Standards) Act 1999.

test segment means a class of broadband service that is tested in accordance with specified conditions under the MBA.

Note: The following expressions used in this instrument are defined in the Act:

(a) ACMA’s telecommunications functions;
(b) ACMA’s telecommunications powers.

7 References to other instruments

In this instrument, unless the contrary intention appears:

(a) a reference to any other legislative instrument is a reference to that other legislative instrument as in force from time to time; and

(b) a reference to any other kind of instrument is a reference to that other instrument as in force at the commencement of this instrument.

Note 1: For references to Commonwealth Acts, see section 10 of the Acts Interpretation Act 1901; and see also subsection 13(1) of the Legislation Act 2003 for the application of the Acts Interpretation Act 1901 to legislative instruments.

Note 2: All Commonwealth Acts and legislative instruments are registered on the Federal Register of Legislation.

8 Carrier licence charge – exempt carrier licence

The amount of carrier licence charge imposed on an exempt carrier licence is $0.

9 Method of ascertaining carrier licence charge – other carrier licences

(1) This section applies to a carrier licence that is not an exempt carrier licence.

Note: The formula in subsection (3) applies to all the carriers named in Schedule 1. In addition, the formula in subsection (4) applies to all the carriers named in Schedule 2 (carriers who were also qualifying retail carriage service providers during the 2019-2020 financial year), and the formula in subsection (5) applies to all the carriers named in Schedule 3.

(3) The amount for the purposes of this subsection is ascertained using the formula:

where:

MCA (maximum charge amount, excluding costs relating to the CSPA and the MBA) is $29 470 809.

Note: This amount is the total sum of the amounts determined under subsection 15(1) of the Act as specified in the following instruments, excluding costs relating to the CSPA and the MBA:

Note: (a) the Telecommunications Carrier Licence Charges (Specification of Costs by the ACMA) Determination (No. 1) 2022, made by the ACMA under paragraphs 15(1)(a), (c) and (ca) of the Act (excluding the portion of the amount determined by the ACMA under paragraph 15(1)(a) that relates to the CSPA);

Note: (b) the 2022 Determination under paragraph 15(1)(b), made by the ACCC under paragraph 15(1)(b) of the Act (excluding the portion of the amount that relates to the MBA); and

Note: (c) the Telecommunications (Carrier Licence Charges) (Paragraph 15(1)(d)) Determination 2021 (No. 1), made by the Minister under paragraph 15(1)(d) of the Act.

OTC (other telecommunications costs) is $130 980.

Note: This amount relates to costs that:

Note: (a) are part of the proportion of the ACMA’s costs for the 2019–2020 financial year that is attributable to the ACMA’s telecommunications functions and powers; and

Note: (b) have been recovered from telecommunications charges (other than annual carrier licence charges).

Note: (The amount determined to be the proportion of the ACMA’s costs for the 2019–2020 financial year that is attributable to the ACMA’s telecommunications functions and powers is $14 521 169 — see section 6 of the Telecommunications Carrier Licence Charges (Specification of Costs by the ACMA) Determination (No. 1) 2022). This figure includes the CSPA costs.

ER (eligible revenue), for the carrier, is the corresponding amount mentioned in the item in Schedule 1.

Note: This amount is the eligible revenue of the carrier for the 2019–2020 financial year as assessed by the ACMA under subsection 47(1) of the TCPSS Act.

TER (total eligible revenue) is $24 525 943 678.

Note: This amount is the total sum of the eligible revenue of all the carriers named in Schedule 1 for the 2019–2020 financial year as assessed by the ACMA under subsection 47(1) of the TCPSS Act.

(4) The amount for the purposes of this subsection is ascertained using the formula:

Note: where:

Note: CSPA (Consumer Safeguards Part A) program cost is equal to $886 266.

Note: This amount is the portion of the costs incurred by the ACMA during the 2019-2020 financial year, as determined by the ACMA under paragraph 15(1)(a) of the Act, that relates to the CSPA.

Note: ERQRCSP (eligible revenue of qualifying retail carriage service provider), for the QRCSP, is the corresponding amount mentioned in the item in Schedule 2.

Note: This amount is the eligible revenue of the carrier, who was also a QRCSP for the 2019–2020 financial year, as assessed by the ACMA under subsection 47(1) of the TCPSS Act. Schedule 2 lists each carrier who was also a QRCSP in the 2019-2020 financial year and their eligible revenue.

Note: TERQRCSP (total eligible revenue of qualifying retail carriage service providers) is $19 474 987 193.

Note: This amount is the total sum of the eligible revenue of all the carriers who were also QRCSPs for the 2019–2020 financial year, as assessed by the ACMA under subsection 47(1) of the TCPSS Act. Schedule 2 sets out the eligible revenue of all carriers who were also QRCSPs for the 2019-2020 financial year.

(5) The amount for the purpose of this subsection is ascertained using the formula:

where:

APC (annual program costs) is equal to $1 599 297.

Note: This amount is the portion of the costs incurred by the ACCC during the 2019-2020 financial year, as determined by the ACCC under paragraph 15(1)(b) of the Act, that are attributable to the MBA.

FLC (fixed line connections) is the number listed for each carrier in an item in Schedule 3.

Note: The FLC figure for each carrier is derived from information provided by the ACCC about the number of NBN fixed line connections operated in a test segment which are attributable to carriers during the 2019-2020 financial year.

TFLC (total fixed line connections) is equal to 6 899 851.

Note: This figure is derived from information provided by the ACCC about the total number of NBN fixed line connections operated in a test segment that are attributable to carriers during the 2019-2020 financial year.

This instrument is repealed at the start This instrument is repealed at the start of 1 July 2023.

1 Name

This is the Telecommunications Carrier Licence Charges (Annual Charges) Determination (No. 1) 2022.

2 Commencement

(1) This instrument commences on the later of:

(a) the start of the day after the day it is registered on the Federal Register of Legislation; and

(b) the commencement of the Telecommunications Carrier Licence Charges (Specification of Costs by the ACMA) Determination (No. 1) 2022.

Note: The Federal Register of Legislation may be accessed free of charge at www.legislation.gov.au.

Note: (2) However, this instrument does not commence at all unless both of the events mentioned in paragraphs (1)(a) and (b) occur.

3 Authority

This instrument is made under subsection 14(1) of the Telecommunications (Carrier Licence Charges) Act 1997.

4 Repeal of this instrument

This instrument is [Repealed] at the start of 1 July 2023.

5 Application

This instrument applies to carrier licences that were in force at the beginning of the 2020-2021 financial year.

6 Definitions

In this instrument:

ACCC means the Australian Competition and Consumer Commission.

Act means the Telecommunications (Carrier Licence Charges) Act 1997.

carrier licence means a carrier licence to which this Determination applies, as provided by section 5.

carrier licence charge means a charge within the meaning of Part 3 of the Act.

CSPA (or Consumer Safeguards Part A) means the program of work undertaken by the ACMA to enhance analysis, transparency and reporting of telecommunications complaints data.

eligible revenue has the same meaning as in the TCPSS Act.

eligible revenue period has the same meaning as in the TCPSS Act.

exempt carrier licence means a carrier licence that was held by a carrier that was a non-participating person for the eligible revenue period that began on 1 July 2019 and ended on 30 June 2020.

MBA means the Measuring Broadband Australia program conducted by the ACCC to monitor and report on the performance of fixed line broadband services delivered over the National Broadband Network (NBN).

NBN fixed line connection means a fixed line broadband service delivered over the NBN fixed line network.

Note: The NBN fixed line network is part of the NBN but does not include a fixed wireless network or satellite access network.

non-participating person has the same meaning as in the Telecommunications (Participating Persons) Determination 2015.

qualifying retail carriage service provider or QRCSP has the same meaning as in the Telecommunications (Consumer Complaints) Record-Keeping Rules 2018.

Note: The Telecommunications (Consumer Complaints) Record-Keeping Rules 2018 are available, free of charge, on the Federal Register of Legislation: www.legislation.gov.au.

TCPSS Act means the Telecommunications (Consumer Protection and Service Standards) Act 1999.

test segment means a class of broadband service that is tested in accordance with specified conditions under the MBA.

Note: The following expressions used in this instrument are defined in the Act:

(a) ACMA’s telecommunications functions;
(b) ACMA’s telecommunications powers.

7 References to other instruments

In this instrument, unless the contrary intention appears:

(a) a reference to any other legislative instrument is a reference to that other legislative instrument as in force from time to time; and

(b) a reference to any other kind of instrument is a reference to that other instrument as in force at the commencement of this instrument.

Note 1: For references to Commonwealth Acts, see section 10 of the Acts Interpretation Act 1901; and see also subsection 13(1) of the Legislation Act 2003 for the application of the Acts Interpretation Act 1901 to legislative instruments.

Note 2: All Commonwealth Acts and legislative instruments are registered on the Federal Register of Legislation.

8 Carrier licence charge – exempt carrier licence

The amount of carrier licence charge imposed on an exempt carrier licence is $0.

9 Method of ascertaining carrier licence charge – other carrier licences

(1) This section applies to a carrier licence that is not an exempt carrier licence.

Note: The formula in subsection (3) applies to all the carriers named in Schedule 1. In addition, the formula in subsection (4) applies to all the carriers named in Schedule 2 (carriers who were also qualifying retail carriage service providers during the 2019-2020 financial year), and the formula in subsection (5) applies to all the carriers named in Schedule 3.

(3) The amount for the purposes of this subsection is ascertained using the formula:

where:

MCA (maximum charge amount, excluding costs relating to the CSPA and the MBA) is $29 470 809.

Note: This amount is the total sum of the amounts determined under subsection 15(1) of the Act as specified in the following instruments, excluding costs relating t

Plain English Summary

Deep Dive

What it does

Main concepts

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Amendment history

Litigation history

Gotchas

How to comply

Current sections

Name

1 Name

Commencement

2 Commencement

Authority

3 Authority

Repeal of this instrument

1 Name

2 Commencement

3 Authority

4 Repeal of this instrument

This instrument is repealed at the start of 1 July 2023.

5 Application

6 Definitions

7 References to other instruments

8 Carrier licence charge – exempt carrier licence

9 Method of ascertaining carrier licence charge – other carrier licences

This instrument is repealed at the start of 1 July 2023.

1 Name

2 Commencement

3 Authority

4 Repeal of this instrument

This instrument is [Repealed] at the start of 1 July 2023.

5 Application

6 Definitions

7 References to other instruments

8 Carrier licence charge – exempt carrier licence

9 Method of ascertaining carrier licence charge – other carrier licences

Application

5 Application

Definitions

6 Definitions

References to other instruments

7 References to other instruments

Carrier licence charge — exempt carrier licence

8 Carrier licence charge – exempt carrier licence

Method of ascertaining carrier licence charge — other carrier licences

9 Method of ascertaining carrier licence charge – other carrier licences

Source text: opening excerpt

1 Name

1 Name

2 Commencement

2 Commencement

3 Authority

3 Authority

4 Repeal of this instrument

1 Name

2 Commencement

3 Authority

4 Repeal of this instrument

This instrument is repealed at the start of 1 July 2023.

5 Application

6 Definitions

7 References to other instruments

8 Carrier licence charge – exempt carrier licence

9 Method of ascertaining carrier licence charge – other carrier licences

This instrument is repealed at the start This instrument is repealed at the start of 1 July 2023.

1 Name

2 Commencement

3 Authority

4 Repeal of this instrument

This instrument is [Repealed] at the start of 1 July 2023.

5 Application

6 Definitions

7 References to other instruments

8 Carrier licence charge – exempt carrier licence

9 Method of ascertaining carrier licence charge – other carrier licences