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Elon Musk's SpaceX Starlink satellite broadband provider deemed liable for Telco Development Levy for the first time

Technology / news
Elon Musk's SpaceX Starlink satellite broadband provider deemed liable for Telco Development Levy for the first time
By Tim Reckmann from Hamm, Deutschland - Starlink Lieferumfang, CC BY 2.0, https://commons.wikimedia.org/w/index.php?curid=106327251
Source: Tim Reckmann, Creative Commons

The liability threshold is on the gross telco revenue for the relevant period, with the levy calculated on qualified revenue after allowed deductions. The listed telcos will have gross revenues above the threshold ($10m), including those related to other entities that, when combined, exceed the threshold.

Popular Low Earth Orbit (LEO) satellite broadband provider Starlink, operated by Elon Musk's SpaceX, needs to pay its share of the annual Telecommunications Development Levy (TDL), the Commerce Commission says.

For the first time, Starlink NZ Unlimited Liability Company, Starlink Internet Services Pte Ltd, Swarm NZ Ltd, and Swarm Technologies Inc, are deemed as local SpaceX qualifying liable persons or QLP, under the TDL legislation the Commission administers.

Established under the Fifth National Government in 2011, the TDL pays for commercially non-viable telecommunications infrastructure and services. This includes broadband for rural areas and improvements to the 111-emergency service. 

The TDL is not popular with telcos, with Spark, for example, saying it would pass on the cost to consumers. That was in 2015 when the TDL was at its original $50 million level. It has since been reduced to $10 million in 2020, and stands at $12 million this year.

Now it's SpaceX Starlink's turn to come to the TDL party.

“For the first time, Starlink’s revenue has reached the threshold where it needs to join other telcos in contributing to the TDL and subsiding services in the public interest. Starlink’s levy share will be proportionate to its qualified revenue of $74 million for this year,” Tristan Gilbertson, Telecommunications Commissioner, said.

The TDL is levied on providers that have revenue over a minimum $10 million threshold. SpaceX soaring revenue in New Zealand on the back of over 37,000 customers has placed it in the number eight spot among New Zealand telcos this year.

Of the total nearly $12 million a year, the SpaceX NZ Group of QLPs will be up for 1.52 per cent of the total, or $181,786.64.

The top TDL payers in New Zealand are Spark, One NZ, Chorus and 2degrees, which the Commission is asking to stump up 84 per cent of the $12 million total for the current round.

The Commission's allocation table below indicates a range of providers with less than the $10 million qualifying minimum revenue pay a proportion of the TDL. We have asked the Commission for an explanation and will update the story when one arrives.

Update A Commission spokesperson explained like so:

"The liability threshold is on the gross telco revenue for the relevant period, with the levy calculated on qualified revenue after allowed deductions. The listed telcos will have gross revenues above the threshold ($10m), including those related to other entities that, when combined, exceed the threshold."

 

ComCom's TDL allocation for providers operating in New Zealand

Provider Revenue Share of Revenue Levy Payment
Spark group $1,397,790,784 28.87% $3,443,551.78
One New Zealand Group Ltd $1,096,706,000 22.65% $2,701,809.13
Chorus group $928,332,000 19.17% $2,287,008.43
2Degrees group $636,729,000 13.15% $1,568,624.79
Tuatahi First Fibre Ltd $136,507,000 2.82% $336,294.19
Enable Service Ltd $112,739,000 2.33% $277,740.12
Connexa Ltd $108,416,000 2.24% $267,090.12
Fortysouth Group LP $84,999,670 1.76% $209,402.41
SpaceX NZ group $73,790,000 1.52% $181,786.64
Sky Network Television Ltd $52,376,000 1.08% $129,031.81
Mercury NZ group $51,138,000 1.06% $125,981.91
Kordia Ltd $26,852,669 0.55% $66,153.36
Northpower Fibre Ltd $17,808,000 0.37% $43,871.21
Vector Communications Ltd $17,525,000 0.36% $43,174.02
Lightwire Ltd $16,986,000 0.35% $41,846.16
Cello Group Ltd $12,975,000 0.27% $31,964.79
Devoli group $12,248,803 0.25% $30,175.75
Vital group $11,003,037 0.23% $27,106.72
Voyager Internet Ltd $10,341,000 0.21% $25,475.75
Inspire Net group $9,158,000 0.19% $22,561.35
Feenix Communications Ltd $6,930,000 0.14% $17,072.52
Plan B group $5,810,638 0.12% $14,314.90
Wireless Nation Ltd $4,351,000 0.09% $10,718.98
MyRepublic Ltd $4,027,000 0.08% $9,920.79
Todd Corporation group $3,339,161 0.07% $8,226.25
Transpower New Zealand Ltd $3,000,000 0.06% $7,390.70
Total Industry $4,841,878,762 100% $11,928,294.57

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14 Comments

"TDL pays for commercially non-viable telecommunications infrastructure and services" - just wondering  what NZ owned telecommunications infrastructure and services , other than users terminal is in use . It seams they ;ve built their own infrastructure. Expecting another unwinnable court fight against Musk

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1

It's not about what services starlink uses, it's about how those non-viable services are funded.

Yes Musk hasn't had much luck in court lately, i expect that's why he's cosied up to Trump to tilt the legislation in his favour.

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1

Starlink is providing an increasingly popular viable service: why should it be taxed to support unpopular non viable competitors?

 

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2

you think they shouldn't have to fund the 111 service?

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1

I didn't say that, don't try & put words in my mouth.

& it looks like Starlink is already essential emergency communications in any case

https://www.consumer.org.nz/articles/starlink-satellite-internet-should… 

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1

I didn't say it should have to fund unpopular competitors, don't try and put words in my mouth.

The government uses the annual levy to pay for telecommunications infrastructure including the relay service for the deaf and hearing-impaired, broadband for rural areas, and improvements to the 111 emergency service.

You say they shouldn't have to pay the tax/levy.

Ergo, you think they shouldn't have to support the 111 service

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3

SpaceX is already one of the biggest contributors out here in rural areas. Now the state wants to take money away from that.

A fine is a tax for doing wrong. A tax is a fine for doing good.

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4

Yeah, let's subsidise this particular company above the competition because... freedum?

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1

1. It's not a "subsidy" to not pay a levy.
2. libertarian did not suggest that Starlink _alone_ shouldn't pay the levy.

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0

It seems really unfair to levy starlink for services reaching uneconomic customers when they provide the best quality service for those customers.

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5

yes ironic isn't it, but do you carve out a loophole in the law just for starlink, to save them $180K, what about the other mobile providers one and spark who have been part of the solution for rural customers?  Suddenly there's no one left paying it.  Perhaps it's not needed post LEO satellites.

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0

Bit surprised if Starlink isn't getting subsidised from the TDL to provide broadband for rural areas.  

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2

yeah if you can't get RBI seems you can get $2K grant which i expect most people will spend on starlink these days.

https://crowninfrastructure.govt.nz/rural/rus/

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1

I've got no problem contributing to the levy when the money is being put to good use. We all benefit from it.

The Rural Connectivity Group is funded by it and they have done fantastic work and really made a major difference to the cellular coverage in NZ. It has been a game changer for everyone.

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2