TELECOMMUNICATIONS FEES REGULATIONS
[Short Title]
1. These Regulations may be cited as the Telecommunications Fees
Regulations, 1995.
[Interpretation]
2. In these Regulations, "telecommunications service" has the
same meaning as in section 23 of the Telecommunications Act.
[Fees]
3. (1) A Canadian carrier for which tariffs are filed with the
Commission shall, in respect of a year, pay to the Commission, on receipt
of an invoice sent by the Commission, an annual telecommunications fee
calculated in the manner set out in section 4, unless the Commission has
declared, prior to April 1 of that year, that
(a) pursuant to subsection 34(4) of the
Telecommunications Act, section 25 of that Act does not apply to the
provision of any telecommunications services by that Canadian carrier;
and
(b) the Canadian carrier need not file
tariffs with the Commission.
(2) The annual telecommunications fee shall consist of
(a) an initial amount to be recovered by
an initial payment that is due and payable on June 1 of each year, and
(b) one or more other amounts, where
applicable, to be recovered by one or more supplementary payments and
an annual adjustment amount, each of which is due and payable thirty
days after the day on which the Commission sends an invoice.
4. (1) The annual telecommunications fee payable by a Canadian carrier,
referred to in subsection 3(1), shall be calculated by the Commission by
multiplying the total amount to be recovered by the Commission in respect
of its current fiscal year through telecommunications fees by the ratio of
the Canadian carrier's operating revenues, derived from the provision of
telecommunications services and reported in that Canadian carrier's most
recent annual financial statements, to the aggregate of such operating
revenues of all the Canadian carriers referred to in subsection 3(1).
(2) The total amount to be recovered by the Commission in respect of
its current fiscal year through initial payments is the aggregate of
(a) the costs of the Commission's
Telecommunications Activity, and
(b) the share
(i) of the costs of the Commission's
administrative activities that is attributable to its
Telecommunications Activity, and
(ii) of the other costs that are taken
into account to arrive at the net cost of the Commission's program
that is attributable to its Telecommunications Activity,
as set out in the Commission's Expenditure Plan published in The
Estimates of the Government of Canada.
(3) The Commission shall publish, each year, the total amount referred
to in subsection (2) in a public notice in the Canada Gazette Part I.
(4) The total amount to be recovered by the Commission in respect of
its current fiscal year through supplementary payments is the amount
required to defray any additional costs in respect of its
Telecommunications Activity, and any other costs attributable to that
Activity, that are incurred or to be incurred by the Commission during the
balance of that year.
(5) The total annual adjustment amount in respect of any fiscal year of
the Commission is the amount by which the telecommunications fees
recovered, in accordance with this section, through initial and
supplementary payments for that fiscal year are greater or less, as the
case may be, than the actual expenditures of the Commission for its
Telecommunications Activity and its other expenditures attributable to its
Telecommunication Activity in respect of that year.
5. These Regulations come into force on April 1, 1995.
Date modified: 2002-01-07
|
