This note is not part of the regulations, but is intended to indicate their general effect.
These regulations, which come into force on the 28th day after the date of their notification in the Gazette, replace the Telecommunications Operators (Commerce Commission Costs) Levy Regulations 2002 (the 2002 regulations). They impose levies on telecommunications operators to cover the costs incurred by the Commerce Commission (the Commission) in performing and exercising its functions, powers, and duties under the Telecommunications Act 2001 (the Act) (except certain determinations, where costs are required to be met by parties to the determination, and litigation).
The main differences between these regulations and the 2002 regulations are as follows:
the methodology for allocating the levies is based on the methodology for allocating the new telecommunications development levy, introduced by amendments made to the Act by the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (the 2011 Amendment Act). Under the 2002 regulations, the allocation was based on the methodology for allocating the telecommunications service obligations levy, which was removed by the 2011 Amendment Act:
the levy is payable annually in arrears and is calculated on the basis of the Commission's actual costs for the financial year for which the levy is payable, rather than being payable quarterly in advance and being calculated on the basis of the Commission's estimated costs as under the 2002 regulations:
the Commission's actual costs are apportioned among telecommunications operators according to the proportion of their telecommunications revenues for the financial year, as determined by the Commission and set out in its final liability allocation determination in accordance with section 88(a) of the Act, in relation to the sum of all telecommunications operators' telecommunications revenues set out under that provision:
telecommunications operators that were not trading in the financial year preceding the financial year for which the levy is calculated, or whose telecommunications revenue for that preceding financial year was less than the minimum telecommunications revenue (as defined in section 80 of the Act), are not liable for payment of the levy and not included as telecommunications operators for the purpose of calculating the levy.
Date of notification in Gazette: 22 September 2011.
These regulations are administered by the Ministry of Economic Development.