Commonwealth Numbered Regulations - Explanatory Statements

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TELECOMMUNICATIONS (PUBLIC MOBILE LICENCE CHARGE) REGULATIONS 1992 NO.386

EXPLANATORY STATEMENT

Statutory Rule 1992 No. 386

Issued by the Authority of the Minister for Transport and Communications

Telecommunications (Public Mobile Licence Charge) Act 1992

Telecommunications (Public Mobile Licence Charge) Regulations

The Government decided in November 1991 that a third public mobile telecommunications service (PMTS) licence would be issued to provide for greater competition in the mobile communications market. The selection of the third PMTS carrier is currently being conducted by the Department of Transport and Communications.

The licence will be granted in December, and the recipient will be permitted to commence operation on or after 1 July 1993. The third PMTS carrier will compete with the Australian and Overseas Telecommunications Corporation (AOTC) and Optus Communications in the provision of mobile telecommunications services.

The Telecommunications (Public Mobile Licence Charge) Act 1992 (the Act) provides the mechanism by which the Government may receive a monetary sum for the third and any subsequent PMTS licences.

Paragraph 5(b) of the Act provides for a charge to be imposed on the grant of a public mobile licence. In all cases, other than in which tenders were called, the charge payable in respect of the grant of a public mobile licence is such amount as is calculated in accordance with the Regulations. Section 7 of the Act provides that the Governor-General may make Regulations for the purposes of the Act.

The Regulations provide, a formula by which the amount to be paid for a PMTS licence is calculated.

Regulation 1 provides for citation of the Telecommunications (Public Mobile Licence Charge) Regulations.

Regulation 2 defines terms used in the Regulations.

Regulation 3 provides that for the purposes of paragraph 5(b) of the Act, the amount of the charge payable for the grant of a public mobile licence is the amount equal to the amount calculated in accordance with the following formula:

amount offered by applicant
number of licences

The Regulation defines these terms. The 'amount offered by applicant' is defined as the sum of the prices for each licence for which the person is an applicant, being the prices given to the Secretary under subclause 6(2) of the Telecommunications (Allocation Public Mobile Licences) Determination (No. 1) of 1992 by the grantee or negotiated with the Secretary under subclause 7(3) of the Determination.

The 'number of licences' means the number of licences to be granted to the grantee in response to those applications.

The Regulations commence on Gazettal.


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