At the end of June each year, the Commerce Commission identifies a group of telecommunications service providers that fulfil particular criteria in the Telecommunications Act 2001, making them qualifying liable persons (QLPs) who are required to provide specified information[1]. In accordance with section 83 of the Telecommunications Act 2001, this specified information is due 60 working days after the end of the financial year (30 June). This information is used to identify the qualifying liable person’s qualified revenue.
Qualified revenue is basically a company’s annual operating revenue for providing telecommunications services, less a few important deductions. The Commerce Commission uses the qualified revenue total to determine how much of the TDL each qualifying liable person has to pay.
A QLP’s specified information estimating their qualified revenue for the 2012/13 financial year, must be provided to the Commission by 20 September 2013. The following information (which can be downloaded on the main 2012/13 TDL page) is provided to assist qualifying liable persons to complete their qualified revenue return in accordance with section 83:
- The List of Qualifying Liable Persons identifies the parties that qualify to pay a portion of the 2012/13 TDL.
- The Specified Information Instructions provide general information disclosure guidance for qualifying liable persons, and details essential process steps, the status of common revenue streams, and audit assurance requirements.
- The Specified Information Templates provide a series of standard forms in Microsoft Excel format for qualifying liable persons to use when completing their qualified revenue return.
- The relevant statutory references outline the statutory framework enabling the TDL qualified revenue process, and identify the obligations placed on qualifying liable persons and the Commerce Commission.
Having received the specified information from each qualifying liable person under section 83, the Commission then confirms the qualified revenue totals. Each qualifying liable person’s individual total is configured as a percentage of the total qualified revenue earned by all qualifying liable persons in the year under review. This percentage becomes the percentage of the TDL ($50 million for the 2012/13 financial year) the qualifying liable person is required to pay.
If you have any questions, please forward them via email to: telco@comcom.govt.nz
[1] Information which is specified by the Commission under section 83(1)(a) for the purpose of enabling the Commerce Commission to make its determination in accordance with section 88(a) of the Telecommunications Act 2001) to the Commission.
