An apparatus and a method for determining a bit rate of audio content, and more particularly, an audio content bit rate determining apparatus and a method capable of quickly and correctly identifying audio content compressed at a constant bit rate from among audio content compressed at a variable bit rate and a constant bit rate, are provided. The apparatus includes a first bit rate determiner for determining a bit rate type of audio content having frames with the same frame size by skipping a predetermined number of frames with respect to the audio content, and a second bit rate determiner for determining a bit rate type of audio content having frames with different frame sizes by skipping a predetermined number of frames with respect to the audio content.