ACT No. XXXIII of 1m AN ACT to rtgulalt! Ttluommunications BE IT ENACTED by the President, by and with the ad vice and consent of the House of Rep rese ntatives, in this prescnt Parliament assembled, and by the authority of the same, as follows

I assen t.

Uoo MIFSUD B ONNICI

(L.s.)

President

30th De<:ember. I997

ACT No. XXXIII of 1m

AN ACT to rtgulalt! Ttluommunications

BE IT ENACTED by the President, by and with the ad vice and

consent of the House of Rep rese ntatives, in this prescnt Parliament

assembled, and by the authority of the same, as follows

PART!

PRELIMINARY

( I ) This Act may be cited as the Telecommunicati ons SIot.iIk..!

(Regulation ) Act, 1997

..."

(2 ) This Act shall co me into force on such date as the

Minister respon sible for teleco mmunications may by notice in the

Gaz.cne appoint, and different dales may be so appointed for differe nt

provi ~ion~ or for differenl flU I'JlOSeS of this Act.

[n this Act, unless the context otherwise requ ires-

'"apparatus" means any equipme nt, instrument or other

apparlltus for use in the prov i ~ i on. or in the reception, of

telecommunicat ion services, and incl udes any fillings thereto or

accessories thereof;

"authori sation" in cludes any licence or penllil issued under

this Ac t to install o r operate a IclecOnlnllmic:uions infrastructu re

o r 10 provide a t c le co mrnuni cali o n ~ service as we ll as the

O!gislration of a pcl~on autho ri sin g such person tOll,:. :t~ aforesaid

under secliOfl 12 of th is Act;

"aulhori;;,,:d provider" means any person who holds :l valid

licence or permit to ope rate a tcicCOnUllU nicmions infrastructu re

or provide a telecomm unicat io ns .-.en'ice under thi s Act. o r is

registered under [his Act as a perro n authorised as ufores(lid

" Board" mea ns the Telecommunicati o ns Appea ls Board

established by section 29 of thi s Act

"Corpor.ltion" means the Tdcmaha COfllOration established

by the TelemaJUI Corporation Act;

"designated co mpan y" has the meanin g assigned to il by

section 38 nrl his Act

"electro magne ti c system" lU(:uns any sys tem whereby

mess3ges or sound or light or vis ual images may be uansmilled by

wire activated by electricit y o r by radio waves o r by an y other

e lectro magllCtic e nergy or by optical energy or by a combination

o f any two or more of s uch systems;

"frequency" means the number of complete cycles per second

of a wave of radi oactive s pectrum;

"gmnted" or "issued" , in respect of an authori sation, in cludes

deemed to be g ranted or issued

"rressage" includes conunu nication ;

" Mini ste r" means th e M ini ster re s po ns ible fo r

telecommunications, and includes any other Mi nister delegated

by him for that purpose;

"operative d31e" has lhe meaning assigned to it by section

36 of Ihis Act;

"Qlher service" means a telecommunication service which is

not a public teleoommu nienlion service;

"person" includes any body corporate nnd any body o f

persons whether or not it h:l$ a legal personnli ty distinct from

that of its memrers;

"prescribed" mc::.ns prc~c ri bed by regul::.tions made under

this Act ;

" pri va tl;': telecommunic ation s i nfr:J.~ tru c lllrc'· !I1(:an ~ ::.

telecommunications infrastructure utilised by nn au thorised

provider to provide private telecommunications ~rvico'!s only;

"private tde c ommuniC:ltio ns ser vic(:" menn s a

telc:communiclllion service provided by an authorised provider

for its own usc over a telecommunications infrastructure;

"public land" incl udes any land wh ich is used or intended

for use by the general publ ic. a.~ well as the tenitorial waters of

Malta;

Mpublic te lecommunications infras tru clUre" Ineans a

telecommunica t ions infrastru cture other than a private

teleco mmunicatio ns infrastructure;

"publi c telecommunicati o ns service" means a

telecomm uni cation s ser vice ot her than a private

telc:communicatio n service provided by an authorised providcr

over a telecommunications infrastruct ure;

"Regulator" means the Telecommunications Regulator

designated as such undt:r section 3 of this Act and, to the extent

of the: authority given, includes any person authorised by him for

any purpose;

"relevant business" has the meaning a.~s i gned to it by section

40 of thiS Act;

"telecommunications" means the emission, transmission,

routing and reception of signals. messages. sound or light or of

visual images, by an electro-magnetic system. including cable

television. and pay· per-view but excluding broadcasting as

Aco XlI.,(I WI .

defilll!d in the Broadcast ing Act. 1991;

"telecommunication infrastructure" means the underl ying

physicnl components constituting an electro.nlUgnetic system

intended for telecommunications services and trans mission

C3P3City. such systcm being limited by the nppurten3nt conAeCIing

poillls;

"telecom munications s.;:rvice" menns anyone or more of the

followin g:-

(n) a service consisti ng in the trans mis.~ion . by mcans

of a tel ec ol1ll1lunicati o n .~ infrastru cture. of a ny form of

telecOlllmUnic3t ions. with out reg3rd 10 the COntcnt of the

messages tr:msmined;

(b) a din.:ctory informati on service consisting in the

provision by any means whatsoever o f di rectory information

for tile purpose o((acilitat ing the use o f II service falling within

paragroph (a) of this definition and provided by means of

thnt syste m;

(c) a serviCe" consistin g in the inSlaliaiion, maintennnce.

operotion. adjustment, repair, alterolion, movin g, removal or

repl 3CCment of a te lecommun ications infrastructure;

''telegrnphy'' means the transmissio n of messages from one

place 10 another by means ofan electro-magneti c system. but does

not include spoken messages;

"telepho ny" means the transmission of spoken messages by

an electro-magnetic system;

"telex" means 11 system of telegraphy where the message is

transmitted directly between the sender and recipienl;

"transmission" includes emission, Switchin g and receplion

"uni ve rsal service obligation" means an obligation to provide

tcleconununicntions scn 'ices thai are designated by the Regulator

as basic s.;:rvi ces for social reasons at an affordable price or free of

,"""'.

PART II

REGULATION OF TELECOMMUNICATIONS

1. Telecommunications Regulator

J, (I) There shall be a Telecommunications Regulator, who shal l

be a public office r desi gnated as sueh by the Prime Ministe r.

(2) In the pc: rfonnance of hi.~ fun ctio ns under this Act. or

un der any other law. the Re gulator ~h3 11 be assi ~ted by such personn.:1

in the public service, orotherwi sc engaged for that pu rpose. as may be

deeme d appropriate by the co mpetent authorities and as may be

appointed o r engaged or detailed for duty in accordance with the rule s

and procedures applicable tltt!reto.

( I) Ikun hemm Regolaturtat·Telekomunikazzjonijiet.li jkun

uflicjal pubbliku Ii hekk jinhatar mill·Prim Ministru.

(2) Fit·lweuiq lal.funzjonijiet lieghu taht dan l-Att,jew tatlt

kullligi ohm. ir.Regolatur ikun mghe]un minn dak il·persormel lis-

servizz pubbliku ,jew Ii jkun xort'ohra impjegal ghal dak I.ghan , hekl

kif jista' jilqies Ii jkun xieraq mill-awloritajict kompetemi u held kif

jista' jinhatar jew jigi impjcga!jew imqabbad jaghmcl xogl'lol skond ir-

regoli u l-proeeduri lijapplikaw ghaJ dan.

( I) It shall be the function of the Regulator to regulate, r .......... ,.110<

supervise and monit or teleco mmuni cat io n5 and to e nsure th at Rot_ .. ·

telecom muni cati ons infrastru cture are installed an d operated and

t ~ l ecommun icatiOI1 ~ services are prov ided for the benefit of tltt! u, ers

of te lecommunicatio ns due co nside rati on being given to th e

commercial viabili ty of authorised providef'!;, and in accordance with

the provisions of th is Act.

(2) It shall be the responsibility of the Regulator toensure

co mpliance with the provisions of this Act and with any other relevan t

law; and may iss ue such directi ves as he may deem necessary for that

purpose.

(3) The Regul ator sha11 also have such Other functions reo

sponsibilities and powers as are set out in this Act or as may be pre-

sc ribed or as may be assigned to him by or unde r an y other law.

2. Authorisation for telecommunlcatkms

Infrastructures or services

5, (I) No person shall inSlall or operate a telecomm unication s ':""~.;'":' • __ .o l

infrastructure or provide a telecommunications service in Malta unless

he is an authorised provider.

(2 ) An authorisation groote<! to a pe rson under thi s Act

shall not relieve such pe rson from the requirement of any other li-

cence. pennit or othe r authori salion, o f from any obligation arising

fro m an y other law

Provi ded that. to the exte nt that it is necessary for the

purpose of any installati on, operation or provision as afore said by an

authorised provider, an authorisation grunted under this Act shall be

deemed to include a lice nce issued under section 3 of lhe Wirel es~

Telegruphy Ordinance. and such licence shall be deemed to have been c"" l1li .

iss ued under this Act and be regulated accordingly.

6 . (I) No licence . pe rmit or other 8U1horisation may be

transferred or assigned by the au thorised provide r to anOincr perMIn

without the prior consent in writing of the Regulator.

(2) The Regulator may refuse his consent under this I'eCtion

for" good reason onl y and ~uch refusal shall be co mmuni c:l1ed in writ.

ing.

(3) When.: the au tho ri.'Cd provider is a body corporale or

M other body o f persons. a change in the control of the ownership or

management oftha! body shall be equivalent to the transfer of the au -

thorisation. and shal l be subject to the prior consent oflhe Regulator as

aforesaid.

( I)

Any perso n see king an authorisation by means of a

licence or permit shnll apply to the Regulator on such fonn and in such

manner as may be presc;ibed, or as may be provided or required by the

Regulator. and shall provide to the Regul:llor nil such informat ion as

lIIay i.N;: V' escl'ibed and as the Regulator m.oy reasonably req uire 10

enable him to assess the application.

(2) The appli c ati o n shall i n pa rti c ular s pecify the

telecommunications infrastructure or service or services for which the

application is madc.

(3) Upon receipt of an application as aforesaid the Regu lator

shall cause the fact thai an applicalion has been made to be published in

the Gazette, giving such details as he may deem appropriate to enable

an y person wishing to make representalions to object to the applicalion

or make any Olher submission.

(4) The Regulat or shall cons ider the app lication aft er

conductin g the necessary inves t igati o ns and conside ring any

represenlations or submissions made in respect thereof, and may for

this purpose require from an y person any funher information he may

deem necessary.

(5) Anything to be done under this section shall be done in

such form and manner and within such time as may be presc ribed.

( I ) The Regulator shall complete his investigations within a

reasonable time and shall thereupon make and forward a report to the

M inister whi c h s hall incl ud e a re co mm endat io n whethe r the

authorisation applied for is to be grantcd or not

(2) If the recomme ndat ion is that an authorisati on is to be

gr.UlIed, and the Ministcr agrees with Ihe recommcndaJ:ion, ti1c Regulator

shall approve lhe appiical ion and grant the licence Of permit under his

signature.

(3) If the Regulator is of the opinion that the application

shoul d be re fused for any ohlle reason~ set out in SCdion 9 of this Act

he ~hall inform the Mi nistc r acco rdin gly and refuse the au thorisation.

(4) If the Regulat orrecommends that the application shou ld

be approved but the Miniqe r disagrees with such re co mmendation on

any o flhe grounds indic:Jted in section 9 of t hi.~ Act. th~ application

shall Ix refused but the Minister shall make public the reasons for his

decision.

( I ) The Regul ator may refuse to authori se a pe rson to install

or oper;!te a tele communications infrastru cturc o r to provide a

tcl eco mmunicatio ns se rvice. if he is of the opi nion tha t the gran t of

the authori sation would:-

(a) be 3gainst the public interest. or is inconsistent with

Government policy. and the Mi niste r agrees;

(b) be inconsiste nt with the provisions of this Act or of an y

other law, or with any internati onal com mi tment undertakcn or

in the process of being unde rtake n by Mnlla;

(c) pose a danger or nuisance to the public or damage to

any property, or obstruct or interfere with any lawfully operated

telecommunications system or network.

(2) The Regulator may also refuse to grant the authorisa·

tion applied for if he has grounds to believe that the app licant is nOl a

lit and proper person to hold the authorisat ion applied for, or is not in

a position, becau se of the financial and other specific circ umstan ces

of the applicant, to comply with the provisions of this Act or of any

regu lations made thereunder or with the condi tions of the licence or

penni! if granted.

The Regulator shal l commu nicate in ""TItin g to the

(3 )

app licant the decision to refuse an applicntion and he shall set o ut

briefl y in writing the reasons for such a decision.

(I) There shall be an appeal to the Telecommunications AppuI.rur

Appeals Board. as provided in section 29 ofthis Acl. from any decision ....... or ,.1<$1

to grant or refuse an authorisation unde r the foregoing provisions of

th is Act.

(2) Where an authorisat ion as aforesaid is refl:SCd.the right

of appe:1I shall be compe te nt to the applicant; where an ~ulhori salion

is gmnted the appea l shall be competent to any person who has made

repre sentati ons in writin g to the Regulator a~ provided in section 7

this Act.

II. (I) An a uth ori sation to in stall o r ope rale a c.,..... .... or

telecommunications inrrastructure or to provide a telecommunications u I"":~

servi ce granted under seclion 8 of this Ac t may be granted for an

indefi nite period or for such time, whic h may be made renewablc. a~

m3y be specirled in the licence or permit cORI:!inin!; the aUlhori!>alion,

and may be made subject to such terms, cOllditioll1> and limitations or

resniclions as may be so specirte d.

(2) An authorisation granted as aforesaid may be grnnted

with suc h c:tc lusivc rights as the Re gulator may. with the concurn:nce

of the Minister, specify in the authorisation

Provided that no exclusive rights may be gl'lll1ted. or shall

Il:Jve effect. beyond the year 20 1 O.

( I) A person wishing to provide some other service shall

register wi th the Regulator.

(2) Regislr.ltion shall be made in the rann of lIOlification

given in wri ting to the Regulalor and con taining such information as

will penni! the Regulator 10 establish the n:\tun: ofille se rvice. the iden-

tification of the provider of the service, the part of the country where

the service will be provided, the equipmenl proposed to be used for the

service, and such other infonnation as may be preseribed oras the Regu-

hltor may require.

A person authorised punuant to section 8 of this Act to

operate a public telecommunicalions infrastructure shall. in addition to

complying with the provisions of this Act and of any regulations made

thereunder. as well as with the tenns and conditions of the licence, abide

by any directi ve issued by the Regulator for the purpose of:-

(a) ensuring that the capacity, quantity and features of the

infrastructure are sufficient for providing and maintai ning an

efficient telecommunications infrastructure;

(b) ensuring that the infrastructure is sulflcient for and

compatible with such international telecommunications services

as the Regulator may specify;

(c) making provision for the security of the infrastructure

and of any extension thereof.

14_ A person authorised pursuanl to section 8 of this Act to

- .

provide a public telecommunications service shall -

(a) make available aU such services as may reasonably be

provided to any person wishing 10 subscri be to such services;

(b) ensure th at all rates, c harges, pract ic e s and

classifications are just nnd reasonable

(c ) provide such services efficiently, complying with the

standards for qual it y generally acce pted in the industry

(d) n()(ify the Regu lator and publish by notiCl: in the mcdia

when the services are to be interrupted for the installation or repair

or the chan ging o f equipment

(e) establish an effi cient mechani~m for reccivingcomplaints

and repairing failures in its network and in the services provided.

( f) compl y wi th the provisions of this Act and of any

regulati ons made thereunder as well as wi th the terms and

conditions o f tile authorisat ion: and shal l abide by any directives

of the Regu l ntora~ he may be authorised to issue by or under this

Act.

IS. ( I) There shall be rate mechanisms for the charges to be R .. ~ ....

mad e in respect of te lecom mu nications services and suc h rme

mechanisims shall be such as may be e..~18bl is lled by the Regulatorand

published in the Gazelle.

(2 ) An authorised provider shall submit the rates it pro·

poses to charge in respect of any service it is authorised to provide to

the Regulator for his approval.

(3) If the Regulator approves the proposed rates, he shall

communicate suc h approval lothe authorised provider, and those rates

shall be the rates the authorised provider may charge.

(4) If the Regulator does not approve the proposed rates he

shall so notify the authorised provider setting oull he reasons for such

rejection; and the authorised provider l1UIy either appeal from such

decision to the Teleco mmunications Appeals Board, under section 29

of this Act or propose othe r rates acceptable to the Regulator

Provided that if a notice of reject ion is not served. within

thirty days after thei r submission, the rates submi tted shall be deemed

to nave been approved.

(5) An authorised provider of telecommunications services

shall forward to the Regulator, and the Regu lator shall. unless he reo

jects any of them. regisler the tenns and conditions, including approved

tariffs, for the provisio n of such services; and upon regislralion. lhe

terms and condi tions SO regil'tered shall be binding o n the authori ~d

provi<kr and on an y person accepting the prov ision of such ~rvice

Pro vided th:u such terml' and conditioll!>. indudillg appro ved

tariffs. may be changed from time to time. subj cc t to :lIly approval by

the Reg ul:ltor n:qui rcd by th is section and to their reg i .~trot ion by tt-.

Re gulat or-

Prov idl.-d funiler that an y rejection of a term or condition by

the Re gulat or as provided in this subseCi ion shall also be subject to

appc:lI and 1 he provi ~i o ll s of subsection (4) of this section shall. /!II/Ill/is

mU/lUrdi.f . apply.

(6) The terms and condition!> registered by the Rcgulator

under this sectio n shall be open to inspection by the public during nor-

mal office hours.

(7) A person aut ho ri sed to pro vide a tel ecommuni cat ions

service may not engage in any cross-s ubsidisation with respect to such

services as such person provides in competition with other authorised

providers, or to subsidiaries or affi1i:ucd businesses.

(8 ) Whe re any of the provisions of subsectio n (7) o f this

section is contravcned. such contravcntion shall be dealt with e:'lclu·

sivcly by the Regulatorirrespec!ive of whether it constitutes unfair trall-

Art :'IXX I or 19904. ing for the purposes of the Competition Act. 1994. The Rcgulator may

co nsult the Commission for Fair Trading as 10 the measures to be taken

in the circumstances; and the authorised provider shall comply with

any directives the Regulator may iss ue on the mailer.

(9) The obligations and duties of authorised providers as set

OUT in This Act shall be wiThout prej udi ce to any tenn or cond iTion

cOlllained in the authorisation adding any obligaTion or dUTY on The au·

thorised provider. and any such addi tional obligation or dUTY shall havc

effect as if it were imposed by this Act.

Any aUThorisation granTed unde r this Ad shal1 tenninate. and

cea.o;e to be valid, in whole or in part as the case m3Y require, upon -

(a)

The c:'Ipiration of the tenn specified in The authorisaT ion;

(b) the h:lppcning of :In eve nt or circu mslUnce whi ch

accord ing to the uuthoriS3tion C3uses lhe tennination thereof

(c) a renunciation there to by The holder of Tile authorisation

(d)

the revocation thereo f by The Regulator

(e) the in ~o lvency, liquidalion or bank ruptcy of the

authorised provider. or a composition with the ct\."ditors of ~u ch

provider.

(I) An au thorisation granted unde r this Act ma y Dt

revoked by the Re gulat or with the approval c,f the Millistl;:r. either ill

whole or in pan. for any of the following reasons

(a) if the authorisation has been granted on the ba.~is of

information which was incomplete or inco~rccl in any material

respect

(b) if the authorised provider fail s to act on the authorisation

for a period exceeding 180 days from the date of issue of the

authorisation, or suspends such activit y for a period exceeding

180days

Provided that the Regulator may extend the period aforesaid

for a good and val id reason;

(c) if the aUlhorised provider is in breach of an obligation

imposed by or under this Act or contained in the authorisalion

which in tnc opinion of the Regulator is important enough to

justify the revocation of the authorisation, and. where the breach

is capable of remedy. the authorised provider has failed to remedy

the breach within such reasonable time as the Regulator may have

given him for that purpose;

(d) the happen ing of any event or circumstance which, in

accordance with the authorisation, authorises the Regulator to

revoke it;

and upon revocation. in whole or in part, the au thorisation shall cease

to be a valid aut horisation.

(2) Whenever the Regulator considers that there is suffi -

cient reason for the revocation of an aut horisation he may suspend

such authorisation but, before any revocation, he shall infonn the au-

thorised provider o f his intelllions and of the reasons tt.erefor, by 00-

tice in writing. and shall give him an opportunit y of making represen-

tations in such manner and within such reasonable time as may be

specified in the notice. The Regulator may also requesl lhe authorised

providc rlo remedy any breach or matter with in a time gi ve n as afore-

said; and if the breach is remedied within the said time. and to the

satisfaction of the Regulator. the authorisation shall not be revoked.

(3) The revocat ion of an authoris:uion sha ll not re1ie v~ the

alilhorisl.-d provider of an y liability arising from anything done prior to

the revocation.

J . C enera l r rtl\'L~i ulIsA ppl icah le 10 Aulho riscd I'rOl'idcrs

( I ) Every authorised pro vide r n:quiring the allocation of a

fn:q uency ~ha l l app ly for ~ uc h licence or other :mth orisation as may be

requ ired for that purpose under the Wireless Tcic:gr::aphy Ordi n:mcc.

(2) Any obligation condition or limitation imposed by or under

the oUid Ordinance in connection with the allocation orthe fllln:lgemcnt

o f a freque ncy for the provision of a te lecommunications service in

accordance with this Act shall. wi lhout prejudice to anyth ing contained

in the said Ordinance. Ix: dee med to be obligations. conditio ns and

limitations imposed by Ihis Act.

( I) The Reg ulator shall establish a numbering plan for

telecommun ications services and allocate numbers to ~utho rised

providers accordingly.

(2) The numberi ng plan may be clunged or mod ified by the

Regulator as he may from time to time deem necessary or appropriate

and the numbers a1 locat~d may be withdrawn and re-allocated to give

effect to any such chan ge or modification

Provided that no undue prejudice shall be ca used thereby to

authorised providers.

0) No authorised pmvider shall Ullc any numberi ng ~ySlem

for the provision o f telecommunications services otberv.ise than in

accordance with an allocation made under this section.

( I) An authorised provider shall allow another authorised

provider to interconnect with its own infrastructure.

(2) The terms and conditions under which such inte rconnec·

ti on will be allowed shall be a matte r for agreemnent between the par-

ties: but in the absence of suc h an agreeme nt wi thin ninety days from

lhe date on which a reqtk:SI for interconnection is made. the provide r

requesting intercon nection m:ly ref~ r the mailer to the Regulator under

section 22 of this Act.

(3) In detcnnining any such dispute the Regulalor shall fol-

low tht- following guiclelines:-

(a) The aut hori~d providt':r providing the intercon necti on

shall be allowed to-

nl COVOlr the full allocated co~u for such provis io n

(i )

on a histori cal hasis plus an addi tional rclUm on capital

e mpl oyed;

(ii ) recover the OOt!-time costs incu rred in providing

the required interconTk:ction;

(iii) make tnc usage charges re lated to the util;~at i on

of the infr:lstructurc and the network elements and resources

requested. such charges to incl ude capacity ba~d charges

and/or tr:lffi c rebled charges,

(b) Atl lho ri o;erl rmvirien; may n O! be required to construct

any telecommunications infraslructure excl usively forthe pllJ1XlSe

of making the requested interconnection. but may be required to

make such limi ted extensions to their infr:lstructures as may

reasonably be required for such pu rpose.

( I) Every authorised provider shal l allow the RegUlator. I......,.ond

and every person authorised by him for the purpose. such access to ..............

any premises. instal lation. files. accounting rtCOrds and any infonnation

under the control of the provider as may be reasonably required by the

Regulator, requested to take place durin g normal business hou rs for

the purpose of investigati ng any matter re levant to compliance with

this Act. any regulations made thereunder any tenns and conditions of

the licence or any direc::tive issued or given by the Re gulator or in

order to ensure such compliance.

(2) lne Regulator shal l give fi ftee n days notice to the au-

thorised provider of any inten tion to act under subsection ( I ) of this

section. giving reasons fOf the request

Provided that this subsection shall not apply where the ac-

cess to an installation is urgently necessary to prevent or remove an

interference with a te lecommunications service or damage to persons

or propeny.

(3) Where an authori sed provide r wishes to have any

information provided by him to be treated as confidential by the

Regulutor. he shall submit such infonnation under seal and request

the Regulatoflo treat it as such. The Reg ulator shall com pl y with such

a request unless he co nsiders the confiden tiality requested to be

impracticable in the light of the requiremen ts of this Act or of any

regu lations made thereunder or of any other law.

( I) Where adispute arises between an au thorised provider

and another authorised provider or any olher person re lating to a

telecommunications infrastl1Jcture or service . tile ma"er may be referred

to the Regularor by any of such persons .

(2) Upon receipt of any refe rence as aforesaid. or upon

Ofherwise becoming :lw~re of ~ny such dispute wh ich he believes ought

to be in vestigated. the Reg ulator shall noti fy the panies conccOled that

the m~lIer is under inves tigation allowing them a reasonable time within

whic h to produce the rc levalll information and mak e t heir

represe ntations .

. (3) Having du ly examined and considered the facts placed

before him and such other information as he may require. the Regulator

nlay issue such directives as are within his powers and as he may deem

appropriate.

4. Subst'ri tw!rs' Interests

(I) It shall be the duty of the Regulator to protect the

interests of the subscribers to a telecommunications service.

(2) Every person who subscribes. or wishes to subscribe (0 a

telecommunications service provided by an authorised prov ider may,

by application in writing. request the Regulator to investig:lIe any com-

plaint made by him and contained in the said app lication. conceming

the quality of tile service to which he subscribes or wishes to subscribe.

or the tentlS and conditions under which such service is provided or

wit h respect to any apparatus provided 10 hi m or acquired by him in

connection with the said service.

(3) The complain! shal l be addressed to the Regulator and

shall contain a brief statement containing all the relevant facts .

(4) The complaint shall be communicated to the authorised

providercompJained against. whoshall be given an opportunity to make

representatio ns within a reasonable time as may be appropriate in the

circumstances.

(5) The Regulator shalilhen examine the complaint,and such

other facts as he may deem necessary for reaching a conclusi on and

may take such measures and issue such directives as are withi ll his

powers as he may deem app ropriate.

24 . (I) Except as provided by or under this Act .a subscriber or

other user of a lelccommunications service may not be denied a service

provided by an auth orised provider. or have any s uch service

discontinued.

(2) A service as afore said may be den ied or disco ntin ued

for:l rea.~on allowed by regu lations made under this Act or contained

in the terms and condit ions of service submitted to and approved by

the Regulator.

A te rm o r co nd it io n for the prov isio n of a f<I~ll.y ,. """ ....

,,,.1;,,",,,

telecommuni cat ions scrv i (,.~. even if agreed to by a subsc riber. shall

be null and without effect to the ex tent Ihm il is inconsiste nt with any

provision of thi s Act or of an y regula liol1s made Ihcreuocler or wi lh

the terms and conditions of the authori sati on on [he strength of which

the service is provided .

Further .' unctions or the Regulator

S.

No apparatus may be offered for sale. provided.

(I)

installed or used by any perso n unl ess it canfonns to suc h techni cal

standards and specifications as may be prescribed and unless it has

been approved individually or pursuant 10 a type acceptance by the

Regulator or by an entity recognised as an expeR in the matter which

has bee n aut horised by the Regulator to give such approval or iss ue

type acccptances.

(2) In this section "type acceptance" means a description

for a type of apparatus which is approved for the purposes specified

therein , and containing suc h details as may identify the apparatus so

approved .

(3) The Regu lator may at any time req uire an apparatus

to be te sted at such place and time and in such manner as he may

direct .

(I) No perso n shall carry out any work s or perform any Qu.a!ifoc.""'.

othe r act. Of be en trusted to carry out such works or perfon n such act,

for the construction, repair. maintenance, alteration or control of an y

telecommun icatio ns infrastruct ure or apparatus unless he possesses

such q ualificat ions to carry out such works or perfonn such act as

may be prescribed.

(2) Regulations prescribi ng the qualifications aforesaid

may also specify the tests 10 be employed for ascertain ing whether a

person possesses the necessary qu alifications .

(1) The Regu lator shall carry out such research, studies

and consullat ions as may be necessary for any one or more of the

following purposes:-

(a) monitorin g local and internati onal developme nts in the

field of tc1 CCQmmun ielltions;

(b) ident ifying means of impro ving efficiency and standard.~

in teleco mmuni cations;

(c) co-ope ratin g with foreign telecOtlnnunic:uions aut horities

(d) adv ising the Minister in the formulat ion of policies in

the fi eld of teleco mmunications.

(2) With tht' conc urn.ncc of the Minister. the Regulator may

do all such thing~ as he may deem necessary or appropriate to ensure

:ldequ:lte :lnd effi cie nt tclt:eommunic3lions services in M:lII3.

6. Appeals

( I) There shall be a Telecommun ications Appeal s Boord.

consiSling of three members. of whom one. who shall be the chairperson.

shall be a person who has prnctised as nn :ldvoc:lte for nOl less than

seven years.

(2) The members of the Board shall be appointed by the

Minister for a period indicated in the ir 1ellcr of appointment . and may

be SO appointed for further periods as the Minister may deem appropriate.

(3) A membe r of the Board may be challenged or abslllin for

any of the reasons for which a judge may be challenged or abstain in

accordance with section 734 of the Code of Organil.3tion and Civi l

Procedure. [n any such case the Minister shall appoint a person. having

the qualifications of the membe r challenged or abstaining. to sit as a

member of the Board in substitution of the said member.

(4) A member o f the House of Representat ives or of a Local

Council shall be disqualified from being appointed or continuing to be

a member of the Board for so long as he holds that offi ce.

(5) The Ministe r shal1 also designate a publ ic office r to serve

as Secretary to the Board.

(1)

An :lppeal shall lie to the Telecommunications Appeals

Bo3fd·

(a) in accordance with section 10 of this Act

(b) against :lny rejection or refusal unde r section IS of this

Act;

(c) against any decision revoking an authorisation under

sect ion 18 of this Act;

(d) against any decision given by the Re gu lator in any

dispute between authori~d providers under section 20 of this

Act;

(e) against any decision given by the Regulator on the

complaint of a subscriber under section 23 of this Act;

(I) in such cases M may be prescribed.

(2) The right 10 appeal shall be competent to any person

aggrieved by the decision, or as provided in section 10 of this Act.

(3) The Board shall give reasons for its decision and shall

cause such decisions to be made public omilti ng, if it deems it

appropriate for reasons of commercial confidentiality, the names of

the persons involved.

(1) The Board shall be competent to hear and decide any

appeal made to it in accordance with the provisions of this Act and

any regu lations made thereu nde r; and subject to section 32 of this Act,

the decisions of the Board shall be final and binding.

(2) For the exercise of its funct ions, the Board may sum-

mon any person to appear before it and give evidence and produce

documents; and the chairperson shall have the power to administer

the oath, The Board may also appoi nt ex perts to advice the Board on

any technical issue that may be relevant to its decision.

(3) For the purposes aforesaid the Board shall have the same

powers as are COmpetent to the First Hall, Civil Court according to

law.

(4) The proced ure to be followed before the Board, the time

wi thin which and th e manner in which an appeal to the Board is to be

made shall be such as may be prescribed ; and subject thereto. and to

any other applicable provision of this Act, lhe Board may establish its

own procedure.

Any party to an appeal to the Board who feels aggrieved Appui ,,, ,he

by a decision of the Board, or the Regulator if he feels dissatisfied C,..., ,>f " WO ol

with any such decision, m:;.y on a question of law appeal to the Court

of Appeal by means of an application filed i n the registry of that Court.

in the case of an appeal by the Regulator w it hin thirty days from the

date of the Boord's decision, and in the ca.'\e o f any other person withi n

thirty days from the date on which that decision h:as been notified to

R~gulalions

7. ( I) The Minister may. eilber on the recomme ndation of

the Regulator or on his own initiative. make regu l:ations to give better

effect to any of the provisions of this A~1 :and in particular. but without

prej udi ce to the generality of the above. to provide for·

(a) the mann er in which a telecommunic:ations infrastructure

or ~ppar:ltus is to be installed. operated. maintained. pM(.'Cted or

cont rolled;

(b) the lec hnical sUlndards or specifications to be observed

with respect to telecommunications infrastructure or apparatus;

(e) the measures to be taken to ensure co mpliance with

internat ional an d other standards o r eq uipmen t used in the

telecommunications industry. in particular those established by the

International Telecommunications Un ion (ITU);

(d) the means to be used and the meas ures to be adopted,

whether by prohibition or otherwise, in order to ensure public and

private sufety and lto prevent danger. damage or nuisance;

(e) the quality and standard of telecommunications services

to be provided by an authorised provider

(f) the estab lishment an d maintenance of an efficient

assistance service for subscribers;

(g) the complaint processiDg procedure to be adopted and

imple mented by authorised providers of a te leco mmunications

service;

(h) any matter re l31ed to the: intert:onnectiun of networks or

telecommunications infrastructure;

(1 ) any mat ter related to disputes resolution prov ided for in

section 22 of this Act.

Regul ations made under this section may also·

(2)

(a) requ ire authori sed providers to keep such operational.

accouming, financial , .~lari stical and tcchni cal n:cord.~ a~ may be

specified in the regu lation.~ , and to furnish to the Regulator such

Sltllemcnts, r([u ms and ot her information as the Regulator may

requin: for the carrying out of his fu nc ti on ~ undcr thi.~ Act or a~

may be specified in lhe r.:gu lations

(b) p re.~clibc measures to be taken by authori M:d providers

for th e purpose o f ensuring t he inv io la b il it y o f lhe

tC'lecommunicalions tran~m itlcd and thcirconfidcmiaJily and lilc

protection o f privacy in relati on to any telecommu nications

scr.'ices;

(c) prescribe the measures to be take n by 3Ulhorised

prov idcrs as may be required to be taken by any imernational

c ommitmen t taken by the Government;

(d) presc ribe th e fees to be paid by lin authori!;Cd provider

for or in respect of any authorisation under this Act, including

registnltion under sectioo 12 o f th is Acl as we ll as lhe fees to be

paid to the Regulator for services rcnden:d by him

(e) req ui re an authorised provider to publish orcause to be

published a di rectory of subscribers and provide for any mailer

re lati ng to such directories;

(f) provide for any matler Ihal is to be or may be prescribed.

or in respect of whic h regulations are to be or may be made,

under any o f the provisio ns of this Act.

(3) Regulations made under this section may a1so-

(a) req uire an authori sed provide r to p rovide

telecommunications services designated by lhe Regu lalor as

univel1ml service Obligations at such terms and conditions as may

be therein specified. including terms and conditions under which

services are to be provided at no pro fit or lit a reasonable loss to

the authorised provider

(b) where the obligalion to provide un iversal se rvi ce

obligations is imposed on more than one authorised provider and

the addilional costs for the provision of such ser.'ice. by any one

or more of such prov iders, is hi gher than the additional reve nue

derived therefrom, Ihe Regulator may make provisio n for such

fu nding mechanisims as he may deem necessary and appropriate

to ensure th:l1 the burde ns resulting frolll suc h obligations are

shared fairly by all authorised pro viders

required to provide

~ uch service.

8. Offenees a nd I'enalties

Any person who ·

(I )

(a) provides any td ecomrnunicntions service or in ~talls or

operates an y telecommunications infrastructure inslall:uion or

apparatus wi thout authorisation under and in accordance with

nny of the provisio ns of this Act or in violation or breac h of any

condition. restricti on or limitation im posed by or under this Act

or in the instnllnent containing the authorisation: or

(b) sells or offers for sale or provides or in ~ tall s or uses any

installation o r apparatus which does not conform with such

tec hnical standards or specifications as are required or estabJished

by or under this Act, or which he kn ows, or has reasonable cause

10 believe, to be defective or incompatible with the services for

which it was sold, provided. instal led or used: or

(c) co nstru cts, repai rs, mnintains. alters o r controls llny

apparatus or installation without having the qual ifications

required for thaI purpose by or under this Act: or

(d) uses any telecommunications infrastructure or apparatus

supplied by an au thorised provider for a purpose other than that

for which il was supplied, or neglects toobserve instructions which

nre issued by an authorised provider for the proper use of it

telecommunications infrastructure or apparatus or makes any

improper use thereof,

shall be guilty of an offence under this Acl and shall be liable 10 a fine

(mu/w) not eltcccding five thousand liri an d in the case of a continuing

offence to a further fi ne (mu/fa ) nOl eltceeding fi ve hundred liri for each

day during which the offence continues.

(2) An y person who furni shes infont13lion to ,he Regulator

which he knows , or has reasonablc cause to believe, 10 be false, or

impedes or obSlrucl the Reg ulator, in the perfonnance of any fu nct ion

under this Act ,shall be guil ty of an offence undcrthis Act ,and shall ,on

conviclion. be liable 10 a fine (mu/ra ) not cltceeding ten thousand liri or

to imprisonment for a period not exceeding six months. or to both such

fine and imprisonmenl.

(3) An y person who, being II person employed or detailed for

duty with or attached 10 an y authorised provider .

(a) gives any information with regard to any message with

which he becomes acquainted by reawn or hi s office to any person

not e nti tled to re(.1;ive s uch information; or

(b) wilfully alte rs or suppresses any message or the

designation of the person to whom it is transrniued or to whom it

is addressed. without a good cause: or

(c) wilfully omits. delays or obstructs the transmission o r

delivery of any message or cancels or destroys any message or

an application for the transmission of any message withoot a good

cause; or

(d) wilfully represents a message as having been sent by a

person mher than the sender or as being addressed 10 a person

othe r than the addressee. or a n application for the transmissio n

of a message as ha ving been made by a person other than the

applicant. without good cause; or

(e) wilfully cancels or destroys an y message not addressed

10 him or an application for the transmission of a message. without

good cause; o r

(f) unlawfully withdraws from the control of an authorised

provider, or of an individual cmployed or detailed for duty with.

or attached to, an authorised provider, a message addressed to

anorher person,

shall be guilty of an offence under this Act and sha ll be liable on

conviction to a fine (mulra) not e)( ceeding ten thousand lid or

toimprisonment for a period not e)(cecding si)( months, or to both s uch

fine and imprisonment.

(4) Any person who assaults or obstructs o r impedes any

officer, employee o r agent of an authorised provider in the e)(ercise of

his duties with s uch authorised provider shall be guilty of an offence

under duties with s uch a uthorised provider shall be guilty of an of-

fence under this Act. and shall. on conviction be liable to a fine (multa)

not excecding one thousand liri or to imprisonment for a pe riod not

exceeding one month, o r to both such fine and imprisonment.

(5) Without prejudice to the foregoing provisions of th is

seetion .any person who contrave nes or fails to comply with any

provision of this Act or of any re gulations made or di rection given

thereunder shall be guilty of an offence against this Act, and shal l, 011

convi Clio n, be liable 10 a fi ne (mu/ttl) not exceedin g o ne hundred liri

and in case ofa cont inuing ofTt:ncc lo a fulthe r fi ne (mu/w) nO( excet:di ng

twenty liri fo r every day durin g whi ch tile offe nce conti nues.

( I ) No proceedings for all Y offe nce under thi s Act shall be

inst ituted without theCOllsent in wr iting oflhe Regu latoror at hi s requCSt.

(2) NO(wi thstand ing an yt hin g contained in the C rim inal

Code, un appeal to the Court of competen t juri sdiction shall lie to the

prosec utio n again st ally judgeme nt delivered ill any proceedil1gs with

re spect to an offencc under thi s Act.

PA RT III

R epeal, Savings and Tra nsitory P rov isio ns

(I ) With e ffccl from s uch date as the Minister may by nO(ice

in the Gazeue ap poi nt , being adale late r Ihan the date Oil whi ch thi s Act

shall come into force, and subject to the following provisions of this

Act. the Te1emal ta Corporation Act is hereby repealed .

(2) The date appoinled by the Ministe r for such repeal is in

this Act also referred to as the "operative date"

(3) Notwithstandin g any othe r provisio n o f this Act ,

Telemalta Corporatio n shall. unt il the operative date continue to function

aod operate as is pro vided in the Act repealed by this sectio n and shall

thereafte r cease to exist, subject to the foll Owing proviSions o f this Act.

(4) Notwithstanding the provisions of s ubsection (I) of this

section, all regulatio ns and O(her s ubsidiary legislatio n made under the

Act repealed by that subsectiol1 shall remain in force and shall have

eITect as if made unde r this Act and shall fo r all effects and purposes be

treated accordingly

( 1) An y li cence or a uthorisation lawfUlly iss ued o r granted

before the o perative date under the Te1emalta Corporatio n A ct and in

force on the ~id dale , shall, unt il s uch dnte continue to have effect as is

provided by o runderthe ~id Act and, lhereafter. shall continue 10 remain

in force and to have effect in re s pect of an ything that require s

authori salion under thi s Act. as if they had been issued o r g ranled under

this Act, with such modification, adaptations and li mitations as may be

ncces.~ry or appropriat e for that purpose, and shall be s ubject 10 the

provisio ns of thi s Act as if they had bee n so issued or granted.

(2) Without prejudice to the foregoing provisions of this

section, with effeet from the operative dale -

(a) the Regulator, as successor to Tclemalta Corporation,

shall acquire all righL~, including ri ghts of action, and a.~sume al l

obligations and l iabili til!.~ of tile said Corporation arising from or

related to any licence or authorisation, and relmive aglttmt:nts,

kept in force under this section: and

(b) nil fees due under or in respect of any such licence or

authorisation, and falling due on or after the operative date, shall

becomt: due and be payable to tilt Regulator on account of the

Governmen t,

38, (I ) Notwithstanding any OIner provision of this ACI, tne " .. to .............

Regulator may issue 10 a designated company an aut horisation under .. lbiJ..-.I

Purt II of this Act under such terms and conditions, and grantir.g such ,,-y-

powers andexc!usivity as he may, with the concurrence of the Minister,

agree with such company, and provide for all such matters as he may,

with the concurrence of the Minister. deem appropriate and any

instrument containing such authorisation and other matters refen ed to

above, shall have fu ll force, effect and validity

Provided that no ex.c1usivity may be gran ted urtderthis subsection

cx.cept as provided in section II of this Act.

(2) In this Act "designated company" means a company

des ignated as such by the Minister for lne purposes of this section by

nocice published in the Gazette.

( I) Minkejja kull dispozizzjon i ohra ta' dan I-AIt , iT- ,,""'"", ..... poi

lill.k"""""')1

Regolatur jisla' johrog favur ku mpannija msemmija. aWloriU3Zzjoni

tar'll il-Taqsima II ta' dan I-Att taht dawk ii-patti u kond iujon ijiet, u Ii

jaghli dawk is-sctghat u drittijiet fa ' es k luzivil~ kif hu jista', bil-rtehim

ta].Ministru ,jiftiellem rna' dik il . kumpannija, u ji pprovdi dwar dawk

il-hwejjeg kollha kif hu jisla' , bil -ftehim lal -Ministru, iqis xie rqa; u

kull strument Ii jkun fi h dik I-awlorizzazzjoni u daw k il-hwe.ijeg I-ohra

fuq irnscmmija, ghandu jkol1hom sehh, effell u ... alidil~ shah

Jida ebdaeskluiivita rn a tista' linghala tahtdan is-subattikolu

hl ief kif provdul tl -artikol u II ta ' dan I-All .

(2) F d:m I- A 11 . ··).;umpJnllija msc rnn-u ja" llisser kumpannija

mscrnmija bh.1la tali lIli II · fI.'l iniSlru gllall -linijict In' dan I·un i)';olu b' avv ii

pubbliknl lil -Gancna.

( I) With effect from the operativc date, the provisions of EffO<1 <i-'_

~i;~~42 <i

section 40, 41 and 42 of this Act shall have effect

Provided that the said sections shall not appl y to any licence or

authorisation k.ept in force after the operati ve dale by section 37 of

this Act.

(2) Notwithstanding anything conlained in any OIher law,

or in any deed , contract, instrument or other document whatsoeve r,

the provisions of this Act shall have effect, and in the event of any

con niet between any proviSion of sections 40,41 or42 of this Act and

the provisions of any other law, or anything contained in any deed,

contract, instrument or OIherdocument , whatsoever, the provisions of

the said sections shall prevail.

(I ) Wit h effect fro m the opt":r:uive date, the who le of the

relevant business shall be transferred to and vest in the design:ucd

company by vinue of th i.~ Act.

(2) The ··rclevn nr busincss" mcnns the hu siness ofTelclllaltu

Corporation . including 311 the asS(:1S and liabi lities thereof (subjeet to

the proviso to subsection (I ) of se<:tion 39 o f this Act). also as funher

described in the follow ing provis ions of this ACI .

1be relevant business shall , wi thout prejudice to the

(3)

ge nerality of lhe foregoing. comprise all propeny of any description,

movable and immovable. and all liabilities and obligations o f the

Corporation aforesaid relming 10 ils business as on the operative date.

as well as an y accessory or ancillary right, including hypothecs ,

privileges, pledges. suretyships or other rights securing any other right

or obligation

Pro vided that the payment due 10 the Govern ment under

secti on 24 of the Telemalta Corporation Act shall cease to be due on

and after the operative date.

(4) [n respect o f any immovable propeny or other immovable

thin g and of any rights in or over such propeny. including any privilege

or hypotheC comprised in the relevant business. the trans fer to and

vesting thereof in the designated co mpany shall take effect in regard to

third panies upon the registrati on in the Public Registry of a note

containing the name of the designated company and the operat ive date

and the fact tllat the relevant busi ness has been transferred from

Telemalta Corporation to the designated compan y by vinue of this

se<:tion.without any further compliance with the requirements of the

law as to the paniculars and other indication of the thi ng. propen y or

ri ght comprised in the re leva nt busi ness or wi th any other formality or

requirement; and the propcny may thereupon be registered in the Land

Registry in the name of the designated company on the strength of the

said note.

(5) The transfer of an y right. liability or other obligation or

any propeny or other thin g as aforesaid -

(a) shall not operate as a novation in any such right. liability

or obligation. and an y suc h right liability or oblig:uion shall

continue to have effect a~ if there were no change in the holder,

creditor or debtor thereof. and as if they had always been rights.

liabilities or obligal ions of the design med company ;

(b) shall nOI openue a breach o f covenant or cond ition.

whether statutory or contractual or give rise 10 any forfeiture;

(c) ~ hall not in validate, relea.'\C from or discharge an y

contract or securit y;

(d ) shall not give ri!'>C to the payme nt of any laudemium,

pre mium, penalt y or other payment whmsocver.

(6) NOI:hing in this section shall predude the designated

company from causing the entry in any appropriate register at the Public

Registry or the Land Registry, or in an y note registered or enrolled in

t hose registries, such refe rence or other anno tation as may be

appropriate in the circumstances.

, ,-,,,

(I ) Without prejudice 10 Ihe gencrality of the provisions Ad)io ..... dTw,

....... """"""'.

of section 40 of this Act , upon the transfer of the relevant business as

provided in Ihat section -

(a) every contracl relaling to the relevant business in fo rce

on the opo;! rative date and to which Telernalta Corporation is a

party shall, on and after that date, continue to have effect and to

be cons[/"ued as if •

(i) the designated company had been a party thereto

instead of the Corporation ;

(ii) for any re ference (howeve r worded and whelhe r

express or implied) to the Corporntion there were substituted,

as respects anyt hing falling 10 be done on or afte r the

operative date, a reference to the designated company;

(iii) for any reference (howeve r worded and whether

express or implied) to the Board. or a member of the Board,

o f the Corporation or any officer or servant thereof. there

were substituted. as respects anything to be done on or afte r

the operative date. a reference 10 the board, directors ,director,

officer or servant of the designated company, as the case

may require;

and the provisions o f sub-paragraphs (ii) and (iii) o f this paragraph

shall appl y to any OIher conlfllCI or documenl relating to the relevant

business and in force on the operative datc as they apply in relation to

a contract to wh ich Telemalta Corporation is a party;

(b) any security which before the opemtive date was held

by the Corporation as security for the payment or discharge of

any debt, liability or obligation shall. on and after the operative

date. be held by and be available to the designated company as

~curit)' for the payment or di~harge o f such debil, liability or

obligation;

(c) nny judgeme nt or award obtai ned by or agains t the

Corporation in re lation \0 the relevant bu ~ i nc ss before thl: opc:rntjve

dale and nOl fully .~t i sfied on that date shall. on or afte r that dale.

be enforceable by or 3gainsllhe designated company.

(2) Where by the operation of the provisions of thi s Act " ny

righL liability or obligation becomes a righl .liabi lity or obligat ion of

the designated company, thai company and any other person shall, on

and aftcrthe. opcTlllive date. have the same rights, powers and remedies

for ascertaining oren forcing that righl.liability or obligmion as if it had

at all times been a ri ght, liabi lity orobl ig:llion of lhedesignalecompany,

and any legal proceedings, or arbitr:lIion proceed ings, or applications

10 any aUlhori ty, !'Cooing immediate ly before the operative date by or

against the Corporalion,shall.on and afte r that date, be conlinued by or

against the designated company.

(I) When the relevant business is trons ferred as provided

40 of this Act, the Minister may, by order in the Gazette,

in

section

..... ~"" '"- ............. elltend to the designated company any provision of law wh ich prior to

such ttansfl;!r applied to Telcmalta COI'pOrati on, subject to such conditions

and such modificatio ns and reser\'m ions and in such manner and for

such ti me as he may deem approp riate, and lhe Minister may also by a

subsequent order in the Gazelle add to, alter, vary or revoke any pre vio us

orde r, without prejudice 10 Ihe mak ing o f a new orde r under this

subsection.

The transfer of the relevant business to the designated

(2)

company shall be ue mpt from the payment of income tM and of duty

on documents.

T he Wireless Telegraphy Ordinance ( hereinafter

43,

( I)

referred to as " Ihe prinCipal law") shall have effect subjeci to the

amendmenls sct out in the following provisions of this section.

(2)

In the definilion of " Minister", in seclion 2 of Ihe

principal law for the words "public officer"', there shall be substituted

the words "public officer or any officer of a body corporate established

by law'",

(3) Seclion 3 of the principal law shall be amended as

follows:·

(a) in subsecti on ( I) thereof·

(i) for the words "of the Minister. in the case of a

wire less teleg ra phy apparat us othe r th an a bro ad cast

receiving apparatus orofthe Commissioner of Police in the

c a~e of a broadcast recdying apparatus" there shall be

substituted the words "of the Minister"; and

(ii) the words "or of the Comrni$.~ ioner of Police. as

the case may be" shall be deleted;

(b) in sub.o:ection (2) thereof, for the words ":lUlhori ty

issuing the licence" there shall be substituted the word " Mini!;(er" ;

(c) in subsections (4)and (5) thereoffor the words "authority

which issued the licence" there shall, in ooth cases, be substi tuted

lhe word "Minister"; and

(d) immediately after subsection (5) thereof there sha ll be

added the foll owing new subsection:-

"(6) The Minister shall have the ri ght to demand from any person

who deals or has dealt in t he sale of wireless telegraphy apparatus

information relating to the storing. purchase and sale of such

npparatus and to the person or persons to whom such apparatus

may have been sold by such dealer; and if the perso n from whom

such information has been demanded fails to give the information

requested, or gives false or incorrect infonnation, and it is shown

that wireless telegraphy apparatus which should have been in his

possession ha~ not been s ufficie ntly accounted for by s uch

person. it shall be presumed that such apparatus was sold by him

in contravention of me provisions of this section; and the burden

to prove otherwise, in all civil or criminal proceedings, shall lie

on such person.",

(4) For secti on 6 o f the principal law there shall be

substituted the following:-

"6. ( I) A person committing an offence against this pan of this

Ordinance shall be liable, on co nviction. to a fi ne (mu/ta) of not

less than one hundred lin and not excceding one thousand liri in

respect of each apparatus, and on a second or subseque nt

conviction to a fine (multa) of not less than one hundred liri and

not exceeding two thousand liri or to imprisonment for a period

no t exceeding twelve mo nth s, or 10 both s uch fi ne and

imprisonment; and upon the demand ofthe prosec ution the Court

may order the apparatus to be forfei ted and de li vered to the

Minister

Provided thot nOf with~tand i ng the above provi s ion.~, the

Minister. with regard to 0 first olTenee. llIay enter into an agreemen t

in writing with the offender whereby the said offe nder pays a ~ l,lIn

of one hundred liri. and upon the signing of that agn.'C ment by the

Minister and the offe nder and the payment of the said sum is

effected, all climinal liability of the offende r wi th respect to that

offence shall be elttinguishcd: provided funher that the Minister

moy make any such agreeme nt subjec t to the surrender. by the

offender in favour of the Government . of the apparatus to which

the offence refers.

NOIwith, landing the foregoing provis i on~ of this kction.

(2)

no ·act ion shall be raken aga inst an y person who. hov ing been in

possession of a wireless telegraphy lice nce and having failed to

pay the prescribed ff..'C for the renewal thereof. shall pay, within

thiny days. or such longer pe ri od as the Minister may allow, from

an intimation in writing so to pay. into an office indicated in the

intimation. a penalty equol to twice the licence fee in the case of

licence ff..'es up to twelve liri. and twenty-five liri in the cose of

fees over twe lve liri, in addit ion to thl: fee due for the renewal of

the licence.

In the even t that a penalt y is due under subsection (2) of

(3)

this section or a fine has been imposed under sub!M!ction ( I) of this

section. a licence issued unde r this Ordinance to the person so

liable shall not be renewed unless, together with the prescribed

fee. there shall also be paid any penalty or fee due as aforesai d:'.

In section 8 of the principal law

(S)

(a)

for the words "under this Pan of this Ordinance," there

shall be subst ituted tnc words " unde r this Part of this Ordinance

and with the provisions of the Merchant Shipping Act or with any

regulations made there under," ' and forthe words "with suc h rules:"

there shall be substi tuted the wo rds "with such rules and

regulat ions:": and

in the proviso thereof for the words " Provided that the

(b)

Ministe r may e)l.enlpt from the obligations imposed by this Pan of

this Ordinance" there shall be substituted the words "Provided that

the Ministe r may exempt. ill whole or in part. from the obligotions

imposed by this Pan of th is Ordinance" and for the words "the

provision of a wireless tclegrnphy apparatus is unnecessary or

unreasonab1e." ,here shall be substituted tilt! words "it is appropriate

so to do: '.

(6) In section 9 of the principal law forth!:: words "poyable

in respect of such cltamination:" there shall be substit uted the words

"payable in respect o f such examination. the co ndit io ns for the issue or

n:cogniti on of cert ificates for opermoo and walchers and the cond i-

tions for the replace mcnt, suspe nsion. cancellation. and alteration of

ce rtifi cates for operators and watchers:",

(7) In sectio n 12 of the principal law immediately after

subscction (2) tht!reoL there shall be: add t:d the follow ing new subsec-

Thissection shall not apply toOl Maltese ship bareboat

"(3)

charter registered in a forei gn registry. while it is so reg istemi.".

44_ Forpuragraph (b) of SCClion 2 oflilC: Fixed Electrieal Power ~ '"

and Telegraph Communicalions Systcms Ordinance there shall be CIJI.'1.

substituted the following:-

"(b) in the case of wo rk s in co nne ction with any

telephone or tele graph Gerv ice, the Regulator designnte-d a~

such under the Telecommunicati ons (Regulation ) Act, 1997,

and any person authorised by the said Reg ulator to install or

operate a telecom mun ications infrastructure or provide a

telecommunications service under the said Act;".

Passed by the House o f Representatives at Sitting No. 168 ofthc 16th December,

1997. MYRJAM SPITERI DEBONO

S/Maur

R ICHARD J . CA UCHI

Clerk /0 the House oj Representatives

{l) L-Ordinanza dwar il-Telegrafija minghajr Fili (haw n

aktar 'j] quddiern rnscjha " il -ligl pri nCipali") ghan du jkollha effett

suggeua ghal dawk l-e mendi ki f murija fid-dispoiilljon ijiet ta' dan 1-

artikolu.

(2) Fit-tifsira ta' "Ministru" Il-artikolu 2 tal -ligi prinCipaJi

minllok il-kl iem "uflicjal pubblik u" ghandhom jidhlu I-klicm "ufficjal

pubbliku jew xi ufficjal la' korp guridi ku mwaqqaf bil-ligi".

(3)

L-artikolu 3 tal-ligi prinCipali ghandu jigi emendat kif

gej:-

(a)

fis-subart ikolu (I) tiegh u-

(i) minno k il-kliell! "tal -Min istru , fil-kai ta' appamt

tal -Ielegrufija minghajr fili Ii majkunx apparut ghar-ricezzjoni

In x' xandi r jew tal- K urnrn issarj u tal -Pul iIija fi I-hz la' appam!

gflar-ricenjoni lax-xandir" ghandh om jidhlu I-kliem "tal -

Ministru "; u

(ii ) il -kliem "jew lal-Kummi ssarju tal -PlIl i1.ija, skond

il-kaz" ghandhom jilhassru ;

(b) fis -slIbanikolu (2) ti eg hu. minnok il- kli em "I-awlorilll

Ii lohrog di n il-litenla" ghandhom jidl'llu I-kliem "il-Minislru";

fis ,slIba n ikoli (4) u (5) lieghu minnok il-kliem "mill -

(e)

aWlorillili tkun harget il-l itenu" u "tal·awlorilli li Ikun hargCI il .

Iiccn7.a'· ghandhom j idhlu I_kl ic m "mill-MiniSlru" u "tal-Ministru"

~spellivament; u

(d ) minnufih waru s-s ubaJ1 ikolu (5) lieghu ghaoo u jii.died

is-subani kolu Ii gej:-

"(6) II-MiniSlrujkollu I-jedd lijillob minn ku ll persuna

Ii tik kummcreja jew Ii ki enci likk. ummcrcja rapparat 1011-

Ic legrafija minghaj r fili, laghrif dwar il-magazzinar, xiri u

hejgh la' dak I-apparat u lal-persuna jew persuni Ii li lhom

dak I-apparut ikun gic mibjugh minn dik il -persuna; u jekk ii,

pcrsuna Ii minn ghandha t-Iaghrif ikun gic mitlub, jongos Ii

jaghli I-taghrif millub,jew jaghti taghriffalzjew mhux korrell,

II jigi muri Ii l·apparal lat -telegrafija minghajr fili Ii kell u j ku n

fi l-pussess lieghu ma jinghatax rendikonl xieraq minn dik il-

persuna ,jigi prezum Ii dak I-appaml ik un gie mibjugh minnu

in konlmvcnzjoni too-di spozizzjonijiclla' dan l-an ikolu: II r-

responsabbillilli lingicb prova mod ichor, null proeedimcnt

Civili jew krim inal i, laga' rug dik il-persuna ....

Minnok I, anikolu 6 lal·ligi principali ghanduj idhol dan

(4)

"6 ( I) Pers una Ii Ikun hatja la' real kontra din il-pani la'

di n I-Ordinanzajehc l. meta jinsab hati. multa 101' mhux ingas minn

mitllira u mh ux iljcd minn elfl im dwar kull apparJI, u rnela jinsab

hali Hieni darbajew wara,mu lta la ' mhu x inqas lIIinn min lira u

mhux ii jed minn .::Ifejn lira jew prigunerija ghal zmic n la' mhux

izjed minn Inax-il xnha r , jew dik ii-multo u dik il-priguncrija

Ilimkien ; u fuq taiba lal-prosekulZjoni I-Qoni li Sla' LOrdna Ii I·

appamt jigi kkonflskat u kkuns innm lil1 Minimu

Izda minkejja d-dispozizzjon ijiet ta' qabel, il · Ministru jisla'

dwar rcm Ii jsir ghall-ewwel darba,jaghmel ftchim bil-miklub mal -

hati Ii penJ1cu; ticghu dak il-hali jhallas is-somma ta' mitt lim, U

malli dak il-ftehim jigi ffinnm mill-Ministru u mill-hm i u jsir ii-

hlas ta' dik is-somma, kull rcsponsabbilta krimi nal; tal-hat i dwar

dak if-reat ghandha tintemrn: ilda wkoilli I-Ministru jista' jaghmcl

kull ftehim bhal dak suggCII ghalli I-hati jeedi favur iI -Gvem I-

apparat Ii d waru jkun sar ir-reat.

(2) Minkejja d-dispoii1.Zjonijiel ta' dan ]-anikolu,cbda

aujoni rna ghandha littiched kontra xi persuna i1li , gllax ikollha

liCcn1.a t3H elegrafija rninghajr fili u tonqos Ii thal los id-driu

stabbilil ghal-ligdid laghha, tha llas, fi i mien tletin jum,jew dak iI-

perjodu itwal Ii I-Ministru jista' jippermelti , mit-taiba bil-miklub

biex thallas, rufficcju indikat r dik it-taiba , penali Ii Ikun daqs

darbte j n id-dritt tal-licenza fil- kai: ta' drittij ict tal-licenza sa Inax-

il lim , u harnsa u ghoxri n lim fil-kai ta' drillijict ta' iijed minn

tnax-il1im, b'iieda mad-dri n dovut ghat-tigdid tal-liCcnza.

Meta tkun dovuta penali tallt is-subanikolu (2) ta'

(3)

dan I-an ikolu jew tkun dovuta multa imposta tallt is-subartikolu

( I) ta' dan l-artikolu, licenza mahruga taht di n I-Ordinanza lill-

persuna Ii minnha limn dovuta rna ghandhiex tkun dovuta sakenun ,

flimkien mad-drin stabbilit. rna thal1asx ukoll il-penali jew iI-mulla

dovula kif imsemmi ....

(5)

A -art ikolu 8 tal-ligi prinCipali

(a) minnok il -klie m "taht din it-T aqsima t a' din 1-

Ordinanza," ghandhom jidhlu I-kliem "taht din it-Taqsima ta' di n

I-Ordinanza u mad-dispozizzjonijicl la' I-Att dwar il -Bastimcnti

Merhntili jcw rna ' xi regolamenti Ii jkunu sana tahlu," u minnok

il-kliem "skood da ..... n ir-regolamenti:" ghandhom jidhlu l-klicm

"skond dawn ir-regoli u rcgol amenti :"; u

(b) fil-proviso tieghu ITI innok il-kliem "Ucla I-Ministru jisla '

jehles mill-obbligu mchlieg fd in it,Taqsima la' din I-Ordinanza"

ghandhomjidhlu I-kliem "Iida I-Ministru jista' jehles mill-obbligi

kollha mehtiega fdin it-Taqsima ta' din l-Ordinanza jew minn

pani minnhorn~ u rninflok il-kiicm "I -uzu la' apparal la' Iclegrafija

minghajr fili mhu,'( mchlleg jcw lila jkun,'( skond ir-TaSuni ."

ghnndhom jidhlu I-klicrn "ikun ,'(iemq Ii jaghmcl hekk ,"

FI·anikolu 9 lal -ligi prin(ipali Illinflok il-klicm "Ii

(6)

gh;mdhorn jithal!su gl'lal da n I-dnmi :" ghandhom jidhlu I-kliem "Ii

ghnndhom jilhall su ghal dan '-eiami. il-Iwndizzjonijicl ghall-hrug jew 1

gharfien la' (el1ifikati ghal o~raturi u gl'lassiesa I.II-kondi zzjonijict ghas_

50sliluzzjoni. sos~ n sjoni, Ihassi r u altcTazzjoni la' (c nHikali la'

ope raluri u ghassicsa:",

(7) FI-anikolu 12 lal . ligi p Tintipali, minnufih wara $-

subartik ol u (2) lieghu. ghandu jiidicd is-s ubartikolu gdid Ii gcj

"(3) Dan I-artikolu m'ghandu,'( japplika dwnr bastiment

Malli b'regislfUZzjoni taO barebo(l/ charter fregislru barrani

sakemm ikun hckk regislral ....

44, Minflok il-par:!grafu (b) ta' I-artikolu (2) la' I-Onlinanza dwar

I-Irnpjami IllS-Sistema la' Komunikazzjoni la' I,Eleuriku u lat-Telegrafu

ghandu jidhol li gej:-

"(b) fit-kai la ' )!.oghlijiet Ii gl'landhom x'jaqsmu rna' ,'(i

servizz la' lelefon jew lelegrafija, ir-Regolatur hell imscjjah tal'lt

I-Au Ill' 1- 1997 bie,'( jirregola I-Te1ekomunikazzjoni, U kul! ~rsuna

awtorizzat mill - istess Rego latur bie,'( ji nstalla jew jope ra

infnlstl1lUura la' lelekomu nikazzjoniji et jew bie)!. j ippro\'di servizz

ta ' lelekomunikazzjon ijiellal'lt dak I-AU;".

Mghoddi nUII- Karnra lad-De putati fis-Sedu m Nru . 168 tas-I G ta' Dicembru . 1997 .

M 'iRI"'" SPITERI DEBOSO

Speaker

R ICIIARD J. C AUCIU

Shim" I<I/-Kamm tm/-Dfprl//Ili