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Application for carrier licence

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					Application for carrier licence


Information for applicants
The Australian Communications and Media Authority (the ACMA) licenses telecommunications carriers. Owners of
a network unit used to supply carriage services to the public are required to hold a carrier licence. Examples of a
network unit include a length of telecommunications cable or a radiocommunications base station that meets the
legislative requirements. Persons that supply carriage services to the public and do not own network units (i.e.
carriage service providers) do not require a carrier licence.
Carriers are subject to specific regulatory obligations in addition to those that apply to carriage service providers.
These carrier obligations are set out in the conditions attached to the licence, the Telecommunications Act 1997
(the Telecommunications Act), the Telecommunications (Consumer Protection and Service Standards) Act 1999,
Telecommunications (Interception and Access) Act 1997, related regulations and any additional conditions
imposed by the Minister for Broadband, Communications and the Digital Economy (the Minister). Unless exempted
by the ACMA, a carrier must join the Telecommunications Industry Ombudsman scheme.



Charges and levies associated with being a carrier
Carriers are also subject to charges levied under the Telecommunications (Carrier Licence Charges) Act 1997.
These consist of an application fee ($2500) and an annual carrier licence charge (ACLC), which recover some of
the ACMA’s costs for regulating the telecommunications industry. The ACLC comprises a fixed amount (the
minimum charge) of not more than $1,000 and a variable amount calculated on the basis of the carrier’s proportion
of eligible revenue for a year (for more information, see the ACMA website). The ACMA invoices carriers annually
for their total ACLC.
Carriers must also contribute to the cost of providing equitable access to telecommunications services for all end-
users. Three initiatives are funded through annual levies on industry:
1. the universal service obligation;
2. the digital data service obligation; and
3. the National Relay Service.
Each carrier’s levy is calculated on the basis of their proportion of eligible revenue for a year (for more information,
see the ACMA website). The ACMA invoices carriers annually for these levies.



Eligibility
The ACMA will only accept carrier licence applications from constitutional corporations, eligible partnerships or
public bodies. The ACMA may refuse to grant a carrier licence to an applicant who previously held a carrier licence
which, under subsection 72(1) or (2) of the Telecommunications Act, was cancelled or, because of the conduct of
an individual involved in the management of the applicant, there was a failure such that the licence was cancelled.



Timeframe
Once a copy of the application is received by the Communications Access Co-ordinator in the Attorney-General’s
Department from the ACMA, then subject to there being no request for further information by the ACMA or further
consultation required with the Communications Access Co-ordinator about the application, the ACMA has 20
business days from when the application was received by the Communications Access Co-ordinator in which to
decide whether to grant a licence.




ACMA form – T033                                        Page 1 of 7                                                July 2009
Unsuccessful applications
The ACMA may or may not grant a carrier licence to an applicant, and in either case will provide a written notice of
the decision.
In general, if the ACMA refuses to grant a carrier licence to an applicant, the applicant may request a
reconsideration of the decision by the ACMA. If the applicant is dissatisfied with the decision on reconsideration, it
can apply for review of that decision by the Administrative Appeals Tribunal.
The applicant may also make a complaint regarding the ACMA’s handling of an application for a carrier licence to
the Commonwealth Ombudsman.



TO APPLY
Submit the following:
• a completed application form plus any necessary supporting information or documentation
• a cheque or record of payment of the carrier licence application fee of $2,500
to:
         Manager
         Telecommunications Licensing, Numbering and Subcables Section
         Australian Communications and Media Authority
         PO Box 13112 Law Courts, Melbourne Vic 8010
The application fee covers the cost of processing the application. The ACMA cannot process an application until
the fee is paid. The ACMA will not refund this fee if the application is refused.
Ensure that your application is complete and legible. The ACMA may ask applicants to supply additional written
information if necessary, and may refuse to consider the application until that information is provided. Applications
which are incomplete or illegible may cause processing delays.
Applicants should refer to the checklist on the last page of this form to ensure their application is complete prior to
submitting to the ACMA.



Payment methods

Credit card
Payments by MasterCard or Visa only may be made electronically via ANZ eGate®.
1. Obtain a client identifier and payment reference number by providing your contact details to:
        Telecommunications Licensing, Numbering and Subcables Section
        Australian Communications and Media Authority
        Tel: (03) 9963 6800
        Fax: (03) 9963 6979
           Email: carriers@acma.gov.au
2. Access the ‘Credit Card Payments’ web page and make your payment.
3. Send a copy of your receipt to the ACMA together with your application.



BPAY
1. Obtain the ACMA’s biller code and a customer reference number from the ACMA’s Telecommunications
Licensing, Numbering and Subcables Section (see above for contact details).
2. Log on to your internet banking site or call your phone banking service. Select the BPAY or bill payment option
and follow the instructions.
3. Send a copy of your receipt to the ACMA together with your application.




ACMA form – T033                                        Page 2 of 7                                                July 2009
Cheque
1. Make cheques payable to ‘Collector of Public Monies, Australian Communications and Media Authority’.
2. Send your cheque to the ACMA together with your application.



Direct deposit

1. Make a payment at your bank to:
           ABN: 55 386 169 386
           Financial Institution: ANZ
           Branch: Belconnen Mall
           BSB: 012-951
           Account No: 837924272
           Account name: ACMA Official Administered Receipts Account

2. Send a copy of the remittance advice to the ACMA together with your application.
3. You must also fax or email a copy of the remittance advice to:
        Attn: Collector of Public Monies
        Fax: (02) 6219 5410
        Email: remittances@acma.gov.au

Enquiries
           Telecommunications Licensing, Numbering and Subcables Section
           Australian Communications and Media Authority
           Tel: (03) 9963 6800   [Ask about ‘carrier licensing’]
           Fax: (03) 9963 6979
           Email: carriers@acma.gov.au



References
Before completing this application form, applicants should read the Guide to Carrier Licence and Nominated Carrier
Declaration (see the ACMA website).
Applicants should also familiarise themselves with the Acts of Parliament relevant to carrier licensing (available on
the Comlaw website):
        1. Telecommunications Act 1997
        2. Telecommunications (Consumer Protection and Service Standards) Act 1999
        3. Telecommunications (Interception and Access) Act 1979
        4. Telecommunications (Carrier Licence Charges) Act 1997




ACMA form – T033                                      Page 3 of 7                                              July 2009
Carrier licence application form

Print clearly. An illegible, unclear or incomplete application form                 Direct enquiries about carrier licences to:
may cause processing delays.
                                                                                    Telecommunications Licensing, Numbering and Subcables Section

Send the completed form to:                                                         Australian Communications and Media Authority

Telecommunications Licensing, Numbering and Subcables Section                       Tel: (03) 9963 6800
                                                                                    Fax: (03) 9963 6979
Australian Communications and Media Authority
                                                                                    Email: carriers@acma.gov.au
PO Box 13112 Law Courts, Melbourne VIC 8010


Section 1: Applicant details
Name of applicant                                                               ACN or ARBN (IF APPLICABLE)



Registered business or trading name of applicant (IF APPLICABLE)                ABN (IF APPLICABLE)



Postal address                                                                  Contact person

                                                                                    NAME



                                                                                    POSITION


                                                POSTCODE
                                                                                    TELEPHONE (    )


Registered office address (IF DIFFERENT)                                            MOBILE



                                                                                    FAX (      )



                                                                                    EMAIL

                                                POSTCODE




Section 2: Payment method

     Credit card
     BPay
     Cheque (payable to Collector of Public Monies)

     Direct deposit (attach remittance advice, and fax or email to Collector of Public Monies)


Section 3: Legal status of applicant
     Constitutional corporation
     Provide a copy of the certificate of registration of the corporation.
     Eligible partnership
     Provide a copy of the certificate of registration of each corporation that is party to the partnership and a copy of the partnership agreement,
     deed or other arrangement.
     Public body
     Provide EITHER:

        1)    a statement as to the legislation that established the applicant as a public body; or
        2)    where the public body is an incorporated company, a copy of the certificate of incorporation of the company together with a
              statutory declaration by a director that states:
              a)   the capacity in which the statutory declaration is made; and
              b)   (i) that all the stock or shares in the capital of the company is beneficially owned by the Commonwealth, a State or a Territory;
                      or
                   (ii) for a company limited by guarantee, that the interests and rights of the members in or in relation to the company are
                      beneficially owned by the Commonwealth, a State or a Territory.
     For definitions of these categories, see section 7 of the Telecommunications Act.



ACMA form – T033                                                      Page 4 of 7                                                               July 2009
Section 4: Applicant information
Provide an attachment that outlines the following information about the applicant, and copies of any supporting documents:

1.    organisational structure, including directors, major shareholders and links with overseas and/or other Australian companies
2.    whether the applicant has any foreign ownership, control or direction
3.    any relationship between the applicant and another person in connection with the production and supply of facilities
4.    background and history of the applicant, as it relates to this application
5.    any current or proposed research into new technologies and development of those technologies
6.    whether the applicant (or any director, secretary or any other person involved in the management of the applicant) has been disqualified.
7.    membership of the Telecommunications Industry Ombudsman scheme, or the date the applicant will apply for membership.


Section 5: Type of network owned or proposed to be owned by the applicant
Note: Relevant definitions are found in Part 2 of the Telecommunications Act.


Provide an attachment to your application that contains the following information:
1.    a general description of the network and technology that is proposed to be used to supply carriage services to customers
2.    a diagram of the proposed network configuration (including identification of any facilities/infrastructure in the network that are not owned by
      the applicant)
3.    the type of radio spectrum to be used (if applicable) or if the applicant is already authorised to use radio spectrum as a part of its network
      unit or units, details of the relevant licence or third party authorisation


Select the category of network unit owned, or proposed to be owned, by the applicant:

Category 1
      a single line link (e.g. optical fibre cable, copper cable) connecting distinct places (e.g. two different properties) in Australia, and having a
      length of greater than 500 m.

Category 2
      multiple line links connecting distinct places in Australia and having an aggregate length of greater than 5 km.

Category 3
      designated radiocommunications facilities:
             a base station for the supply of public mobile telecommunications services
             a base station that is part of a terrestrial radiocommunications customer access network
             a fixed radiocommunications link that is double-ended interconnected
             a satellite-based facility
             a radiocommunications transmitter or receiver of a kind specified in a ministerial determination under section 31 of the
             Telecommunications Act. Specify the determination:
       ______________________________________________________________________________________________________________

Category 4
      facilities specified in a ministerial determination under section 29 of the Telecommunications Act. Specify the determination: ___________
       ______________________________________________________________________________________________________________


Section 6: Type of services proposed
Provide an attachment to your application that describes the intended geographic coverage of the network and the proposed market(s) to be
serviced (e.g. small businesses, household consumers, wholesale).

Select the type(s) of carriage services you propose to provide:
      local telecommunications services                                                       satellite telephone services
      long-distance national telecommunications services                                      internet access
      international telecommunications services                                               encrypted services
      voice over internet protocol (VoIP) services                                            entertainment services, e.g. pay TV, video on demand
      public mobile telecommunications services
      other (please specify): ____________________________________________________________________________________________




ACMA form – T033                                                                Page 5 of 7                                                          July 2009
Section 7: Compliance information
1. Part 13 of the Telecommunications Act—Protection of communications.
This part of the Telecommunications Act provides for protection of communications by means of provisions which create offences for the use or
disclosure of certain information by carriers, carriage service providers, emergency call persons and their respective associates.
            The applicant will:
                   protect the confidentiality of information regarding the contents of communications and the affairs or personal details of persons
                   using the network
                   not disclose such information other than for authorised purpose
                   maintain records of any disclosures
                   provide to the ACMA annually within two months of the end of the financial year a statement on the number and types of
                   disclosures made during the financial year.
2. Part 14 of the Telecommunications Act—National interest matters.
This part of the Telecommunications Act imposes obligations on carriers and carriage service providers in relation to national interests.
            The applicant:
                   will put in place measures to prevent telecommunications networks and facilities from being used to commit offences
                   will give law enforcement agencies such help as is reasonably necessary in enforcing the criminal law and laws imposing
                   pecuniary penalties, protecting the public revenue and safeguarding national security
                   is aware that it may be requested to suspend supply of carriage services to an individual if requested to do so by a law
                   enforcement agency.
3. Telecommunications (Interception and Access) Act 1979.
This Act imposes obligations on carriers and carriage service providers to provide interception capability with respect to the carriage services
provided.
            The applicant will:
                   contact the Communications Access Co-ordinator* and obtain a copy of the Interception Capability Obligations
                   lodge an Interception Capability Plan within 90 days of being granted a licence and by 1 July of every subsequent year
                   nominate a delivery point for interception-related information
                   meet certain costs in regard to interception and special assistance.

* The Communications Access Co-ordinator is located in Canberra, and may be contacted by telephone on (02) 6250 5430 or by email at
cac@ag.gov.au to discuss these obligations.
Declaration by applicant’s agent
I declare that:
     1.     The applicant is able to apply for the licence within the meaning of section 52 of the Telecommunications Act 1997.
     2.     I have the authority to sign this application on behalf of the applicant.
     3.     The applicant is aware of (and if necessary has sought professional advice on) and undertakes to comply with, the applicant’s
            obligations under the Telecommunications Act 1997, the Telecommunications (Consumer Protection and Service Standards)
            Act 1999 and, where the applicant is providing voice services, the Telecommunications (Emergency Call Service)
            Determination 2002.
     4.     The information provided in this application and in any enclosures is true and correct in every detail.
     5.     The applicant acknowledges that this application does not constitute an application for a radiocommunications licence or licences, and
            separate action by the applicant will be required if radiofrequency spectrum access is sought.
     6.     The applicant acknowledges that it is the applicant’s responsibility to ascertain the suitability and availability of spectrum for its
            purposes.
     7.     I am aware that under section 136.1 of the Criminal Code Act 1995 it is an offence to knowingly make a false or misleading statement
            to a Commonwealth entity in connection with the making of an application.




 SIGNATURE OF AGENT                                                                   PRINT FULL NAME




 DATE                                                                                 POSITION IN ORGANISATION

Note: The information that must be provided on or with this form is being sought for the purpose of considering applications for carrier licences
under the Telecommunications Act 1997. Applicants should note that the name of the applicant will be included on the register maintained by
the ACMA under section 84 of the Telecommunications Act 1997. By virtue of the same section the register will be open to inspection by the
public.
Other information is requested on this application form to enable the ACMA to perform a number of its telecommunications functions under
section 8 of the Australian Communications and Media Authority Act 2005, in particular those under paragraphs 8(1)(a), (c), (f) and (j). The
ACMA may also make information available to other Government agencies and departments in accordance with Part 7A of the Australian
Communications and Media Authority Act 2005.
ACMA form – T033                                                        Page 6 of 7                                                                  July 2009
Checklist for carrier licence application
(To be completed prior to submitting application to the ACMA)




Have you:


           read the ACMA’s online Guide to Carrier Licence and Nominated Carrier Declaration, fact sheets on carrier
           and service provider regulation, and carrier charges and levies?


           enclosed payment or receipts of payment for the application fee and followed the payment instructions?


           provided documentation to support the legal status of the applicant, e.g. a certificate of company
           registration (as required for Section 3)?


           supplied statements about organisational structure, foreign ownership, current or proposed research,
           relationships with other entities, and background information about the applicant (as required for
           Section 4)?


           provided information about the proposed network and technology to be deployed (as required for
           Section 5)?


           attached information describing the geographic coverage of the network and the market(s) proposed to be
           served (as required for Section 6)?


           provided statements about the applicant’s ability to comply with Parts 13–14 of the Telecommunications
           Act 1997 and the Telecommunications (Interception and Access) Act 1979 (as required for Section 7)?


           noted the requirement to provide an Interception Capability Plan to the Communications Access
           Co-ordinator (at the Attorney-General’s Department) within 90 days of becoming a carrier and by 1 July of
           every following year?


           read the declaration at the end of the form and signed and dated it where appropriate?




ACMA form – T033                                         Page 7 of 7                                              July 2009

				
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