Operator Licence Fees - National Information & Communications Technology Authority

Part VI of the NICTA (Operator Licensing) Regulation, 2010

Referring to Nicta Operator Licensing Regulation, 2010: Part VI Operator Licence Fees, Schedules 1 & 2.

Licence Fees

The fees to be paid in respect of each category of operator licence are –
1. the applicable application fee set out in Schedule 2 – Fees to accompany the application for the licence; and
2. an annual licence fee calculated in accordance with this section.
The annual licence fee for an operator licence shall be an amount fixed from time to time by the Minister responsible for treasury matters in respect of that licence as an amount the Minister considers to be a reasonable contribution towards NICTA’ s forecast expenditure as estimated in the NICTA budget.
In fixing annual licence fees under Subsection (2), the Minister shall have regard to
1. the principles specified in Section 35 of the Act (NICTA Act 2009); and
2. the NICTA budget; and
3. the information provided under Subsection (4) and
4. such other matters as the Minister considers relevant.
For the purposes of fixing the applicable annual licence fee payable each individual licensee shall submit to NICTA-
1. within three months from the end of its financial year, its latest annual financial statements audited by a registered company auditor or in such other form as approved by NICTA; and
2. such other information as NICTA may request.
The fee to be paid for the renewal of an individual licence is the applicable application fee.
Other fees payable to NICTA in connection with operator licences are set out in Schedule 2.
The licence fees payable for operator licences shall be paid to NICTA by such means, at such times, and in such manner as NICTA may from time to time determine.
If a person fails to pay any licence fee or levy payable under the Act by the due date,
NICTA may –
1. impose an additional charge for late payment, calculated daily at a rate of 5 percentage points above the Kina Facility Rate per annum on the amount unpaid from the time when the fee or levy became payable until it is paid; and
2. suspend the licence until all outstanding payments are made.
Except on payment of the applicable fee, NICTA shall not –
1. issue or renew an individual licence; or
2. register an applicant under a class licence.

Fees Payable under Existing Licences

This section applies where, immediately prior to the Succession Date, an existing licence includes an obligation to pay annual licence fees determined in accordance with Subsection 19J (5) of the Telecommunications Act, 1996 (an “existing obligation”).
For the period that an existing licence continues in force, an existing obligation is replaced by an obligation to pay annual licence fees of an amount fixed from time to time by the Minister responsible for treasury matters in respect of that licence as an amount that the Minister considers to be a reasonable contribution towards NICTA’s forecast expenditure as estimated in the NICTA budget.
In fixing annual licence fees under Subsection (2), the Minister shall have regard to –
1. the principles specified in Section 35 of the Act; and
2. the NICTA budget; and
3. the information provided under Subsection (4) and
4. such other matters as the Minister considers relevant.
For the purposes of fixing the applicable annual licence fee payable, each existing licensee shall submit to NICTA –
1. within three months from the end of its financial year, its latest annual financial statements audited by a registered company auditor or in such other form as approved by NICTA; and
2. such other information as NICTA may request.
For the purposes of Section 304(4)(b) of the Act, the one or more ICT licences issued shall include an obligation to pay –
1. where the quantum and timing of payments are specified in the existing licence, those amounts and timing; and
2. where an existing licence contains an existing obligation , annual licence fees of an amount fixed from time to time by the Minister responsible for treasury matters in respect of that licence as an amount that he considers to be a reasonable contribution towards NICTA’s forecast expenditure as estimated in the NICTA budget.

Exemption from Licence Fees

Subject to Section 35 of the Act, the Minister responsible for treasury matters, acting on advice from NICTA, may by notice in the National Gazette –
1. exempt the payment of a fee; or
2. substitute a reduced fee, otherwise payable under the Act.
An exemption or a reduced fee under Subsection (2) –
1. may relate to-
  1. any type of licence or licensee specified in the notice; or
  2. any use to which the licence may be put; or
  3. any combination of the matters referred to in Sub paragraphs (i) and (ii); and
2. may further be subject to compliance with any conditions as are specified in the notice; and
3. shall continue in force for such period as is specified in the notice or until the revocation of such notice by a subsequent notice.

Reference to previous Regulators

Any reference in an existing licence to the ICCC in relation to any fee payable under that licence or any other matter regarding such licence shall be construed as a reference to NICTA.
Any reference in an existing licence to PANGTEL in relation to any fee payable under that licence or any other matter regarding such licence shall be construed as a reference to NICTA.

Schedule 1 – Licence Categories

Table A. Network Licences

TABLE A. NETWORK LICENCES
l. Facilities rights A network licence is required to construct, maintain, own, operate or otherwise make available any or all of the following facilities –
Facility	Market Segment	Duration of Licence	Type of Licence
Earth Stations VSATs Satellite Control Stations Line Links Radio-communications Links Switching Centres Exchange Nodes Towers, masts, antennas, tunnels, ducts, pits, or poles Other (not exempt under the Act)	International	Up to 15 Years	Individual
	National
	Provincial
	District
	Private Use	N/A	Class
2. Network services A network licence is required to supply any of the following network services –
Network service	Market Segment	Duration of Licence	Type of Licence
Bandwidth services Public cellular mobile services Switching services International gateway services Facilities access services Broadcasting distribution services Space services Other (not exempt under the Act)	International	Up to 15 Years	Individual
	National
	Provincial
	District
	Private Use	N/A	Class

Table B. Applications Licences

TABLE B. APPLICATIONS LICENCES
An applications licence is required to supply any of the following applications services –
Applications service	Market Segment	Duration of Licence	Type of Licence
International connectivity services	International	Up to 15 Years	Individual
PSTN telephony services Public switched data services Public cellular services Internet access services IP telephony services Directory services Messaging services Audiotext hosting services Public payphone services Other (not exempt under the Act)	National		Individual
	Provincial		Individual
	District		Individual
	Community Service	N/A	Class

Table C. Content Licences

TABLE C. CONTENT LICENCES
A content licence is required to supply any of the following content services –
Content service	Market Segment	Duration of Licence	Type of Licence
Free TV broadcast	National	Up to 10 Years	Individual
	Provincial
	District
Subscription TV broadcast	National
	Provincial
	District
Radio broadcast	National
	Provincial
	District
TV or radio broadcast	Narrow-casting Service	N/A	Class
TV or radio broadcast	Community service	N/A	Class

Schedule 2 – Fees

Item	Kina
Application fee (commercial, other than not for profit)	5000
Application fee (solely not for profit)	500
Application to vary conditions of licence	500
Change of particulars of licence	200
Copies or extracts from public register	2.50 per page
Replacement of licence, certificate or permit (lost, destroyed, etc) certified by NICTA	25 per page