Proposed remaking of the Telecommunications (Amounts of Annual Charge) Determination 2007
ACMA collects a set amount of revenue each year from carriage service providers (CSPs) that hold telephone numbers. ACMA collects this revenue on behalf of the Commonwealth Government, through the annual numbering charges process established under the Telecommunications (Numbering Charges) Act 1997 (the Act). ACMA administers this process in accordance with the Act, the Telecommunications Act 1997 and five determinations made by ACMA under those Acts.
One of these is the Telecommunications (Amounts of Annual Charge) Determination 2007 (the Determination), which sets the amount of charge imposed on each number. ACMA has been listing the actual amounts of charge in the Determination. This has required ACMA to remake the Determination every year, because the actual amounts of charge have been different in each year. This has resulted in a process that requires significant resources and is time-consuming.
However, section 20 of the Act does not require ACMA to set out the actual amount of the annual charge. It may instead set out how the charge is to be ascertained by setting out the formula used to determine the amounts of charge. Through doing this, the Telecommunications (Amounts of Annual Charge) Determination 2007 would not be required to be remade each year.
The proposal is to remake the Determination so that it includes a defined and certain method for calculating the amount of annual charge instead of the actual amounts of charge. The Determination could then remain valid for up to 10 years.
The proposed approach has no impact on the base number charge because it would be calculated in the same way as it is under the current approach. There would be no loss of transparency because CSPs would be able to refer to the formula in the determination or the base number charge information which will be published on ACMA’s website, for any given year, and use it to calculate their own numbering charge liability. In addition, CSPs may arrange for access to ACMA’s online numbering system which provides estimates of their liability prior to the census date and the final debt after the census date.
ENUM numbers will not be classed as numbers exempted from charge under the remade Determination. The ENUM trial has concluded and consequently the status of the ENUM numbers will be changed to reflect this.
Targeted consultation campaign
ACMA is seeking comments on the proposed remade Determination from CSPs that currently incur annual numbering charges. Although the proposed change to the Determination is minor and machinery in nature and has no direct or indirect effects on business, there is an obligation to consult in the Legislative Instruments Act 2003 (the LI Act) and it is considered good practice to do so.
Submissions are sought by COB Thursday 20 September 2007, and may be sent:
By Email to: email@example.com
By Post to:
Manager Telecommunications Licensing and Numbering Section
Australian Communication Media Authority
PO Box 13112
Melbourne VIC 8010
Further information can be found on the Annual numbering charges page.