ACT No. VIII of 2014 AN ACT to amend various laws relating to communications and to make provision with respect to matters ancillary thereto or connected therewith.

I assent.

G EORGE A BELA

(L.S.)

President

4th April, 2014

ACT No. VIII of 2014

AN ACT to amend various laws relating to communications and

to make provision with respect to matters ancillary thereto or

connected therewith.

BE IT ENACTED by the President, by and with the advice and

consent of the House of Representatives, in this present Parliament

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

(1) The short title of this Act is the Communications

Laws (Amendment) Act, 2014.

(2) This Act shall come into force on such date as the Minister

responsible for communications may by notice in the Gazette appoint,

and different dates may be so appointed for different provisions and

different purposes of this Act.

PART I

Amendment of the Postal Services Act

This Part amends the Postal Services Act, and it shall be

read and construed as one with the Postal Services Act, hereinafter in

this Part referred to as "the principal Act".

Article 2 of the principal Act shall be amended as follows

(a) in the definition "parcel", for the word "item" there

shall be substituted the word "article";

(b) in the definition "postal operator", for the words

"any person licensed" there shall be substituted the words "any

person authorized";

(c)

the definition "reserved services" shall be deleted;

(d) immediately after the definition "Tribunal" there

shall be added the following new definition

" "universal service" shall have the meaning given

to it in accordance with article 17;"; and

(e)

for the definition "universal service provider" there

shall be substituted the following

" "universal service provider" means the postal

operator providing the universal postal service or parts

thereof within Malta as may be designated by the

Authority by notice in the Gazette;".

Article 8 of the principal Act shall be substituted by the Substitution of

article 8 of the

following

principal Act.

" Individual

(1) An authorization to operate

licences and

or provide postal services shall

general

authorisations.

(a)

in respect of services within

the scope of the universal service in

order to guarantee compliance with the

essential requirements and to ensure the

provision of the universal service, be by

an individual licence granted by the

Authority in accordance with this Act;

or

(b) in respect of services outside

the scope of the universal services in

order to guarantee compliance with the

essential requirements, be by a general

authorization notified to the Authority in

accordance with this Act

Provided that a postal operator authorized

to provide postal services in accordance with

this Act shall only provide such postal

services in accordance with the authorization

that it enjoys.

(2) The procedures stipulated for the

issue and, or granting of any authorization

under this Act shall be transparent, accessible,

non-discriminatory, precise and unambiguous

and shall be made public in advance and

based on objective criteria.".

5. Articles 9, 9A, 10 and 13 of the principal Act shall be

deleted.

6. Article 17 of the principal Act shall be substituted by the

following

" Universal

(1) Users at all points in Malta

service.

shall enjoy the rights to a universal service

involving the permanent provision of a postal

service of a quality as may be prescribed by

the Authority, at affordable prices for all

users.

(2) The "universal service" in the

context of the provision of postal services for

the purposes of this Act means

(a)

that on every working day

and not less than five days a week, save

in circumstances deemed exceptional by

the Authority, there is at least

(i) one clearance, and

(ii) one delivery to the

home or premises of every person

in Malta or, as the Authority

considers appropriate, under such

conditions as it may determine

from time to time, to appropriate

installations; and

(b) that the following services

are provided

(i) the clearance, sorting,

transport and distribution of postal

articles up to two kilograms in

weight;

(ii) the clearance, sorting,

transport and distribution of postal

parcels up to twenty kilograms in

weight;

(iii) services for registered

articles;

(iv) services for insured

articles within Malta and to and

from all countries which, as

signatories to the Universal Postal

Convention of the Universal Postal

Union, declare their willingness to

admit

such

items

whether

reciprocally or in one direction

only;

(v) services,

free

of

charge, for the blind or partially

sighted persons as may be

determined by the Authority; and

(vi) a

basic

counter

service throughout Malta.

(3) The universal service as defined in

this article covers both inland and cross-

border services.

(4) For the purposes of the provision

of a universal service, the minimum and

maximum dimensions for postal articles shall

be those laid in the relevant provisions

adopted by the Universal Postal Union, as

amended from time to time.".

7. Immediately after article 17 of the principal Act, there Addition of new

articles 17A and

shall be added the following new articles 17A and 17B

17B to the

principal Act.

" Designation

(1) The Authority may by notice

of universal

in the Gazette designate one or more postal

postal service

operators to provide different elements of the

providers.

universal service and, or cover different parts

of the national territory, and in so doing the

Authority shall also determine the rights and

obligations applicable to the postal operator

concerned

Provided that the Authority may, by

notice in the Gazette, withdraw, amend or

suspend any designation made under this sub-

article, provided that prior to the effective

date of any such withdrawal, amendment or

suspension, the Authority may, where

applicable, designate another postal operator

in respect of the service affected by any such

withdrawal, amendment or suspension.

(2) The Authority may ensure the

provision of universal services by procuring

such services in accordance with the

applicable public procurement rules and

regulations, by competitive dialogue or

negotiated procedures with or without

publication of a contract notice.

(3) A universal service provider shall

meet the following requirements with respect

to provision of the universal service

(a)

guarantee compliance with

the essential requirements;

(b) ensure that an identical

service is offered to users under

comparable conditions;

(c)

ensure that the service is

made available without any form of

discrimination whatsoever whether

arising from political, religious, racial,

gender or ideological considerations;

(d) ensure that the service is not

interrupted or stopped except in cases of

force majeure; and

(e)

ensure that the service

evolves in response to the technical,

economic and social environment and to

the needs of users.

(1) A postal service is within the

Postal services

within the

scope of the universal service if

scope of the

universal

(a)

the service is within the

service.

description of the universal service, or

(b) the service would be within

the description of the universal service

but for the fact that -

(i) in the case of a

service consisting of the clearance

and delivery of postal articles, the

clearance or delivery is not made

on every working day as required

in article 17(2)(a), or

(ii) the service is not

provided throughout Malta, or

(iii) the service is not

provided at an affordable price in

accordance with a uniform tariff

applicable

throughout

Malta

pursuant to article 21, or

(c)

the Authority determines

that the postal service is of a kind that,

having regard to postal service users,

could reasonably be said to be

interchangeable with a service of a

description set out in article 17.

(2) In this article any reference to a

service includes a part of that service.".

8. Articles 18 and 20 of the principal Act shall be deleted.

Deletion of

articles 18 and

20 of the

principal Act.

9. Article 21 of the principal Act shall be amended as Amendment of

article 21 of the

follows

principal Act.

(a)

in paragraph (f) thereof, for the words "under similar

conditions;" there shall be substituted the words "under similar

conditions.", and

(b)

paragraph (g) thereof shall be deleted.

10. In article 23 of the principal Act, for the words "amend the Amendment of

First Schedule", there shall be substituted the words "amend the article

23 of the

principal Act.

Schedule".

11. In the proviso to sub-article (1) of article 66 of the Amendment of

principal Act, for the word "items" there shall be substituted the word article

66 of the

principal Act.

"articles".

12. Article 75 of the principal Act shall be deleted.

Deletion of

article 75 of the

principal Act.

13. In paragraph (e) of article 77A of the principal Act, for the

words "to him" there shall be substituted the words "to it".

14. Subarticle (2) of article 80 of the principal Act shall be

substituted by the following

"(2) Any modifications, adaptations and limitations to

any individual licence shall be made by the Authority in

accordance with the provisions of this Act.".

15. Subarticle (2) of article 81 of the principal Act shall be

amended as follows

(a)

paragraph (h) thereof shall be deleted, and

(b) paragraphs (g) to (u) thereof shall be renumbered as

paragraphs (h) to (t).

16. The First Schedule to the principal Act shall be amended

as follows

(a)

sub-paragraph (a) of paragraph 1 thereof shall be

deleted and sub-paragraph (b) shall be renumbered as the whole

paragraph 1 thereof;

(b)

paragraph 2 thereof shall be amended as follows

(i) for the words "allocate costs to each of the

reserved and to the non-reserved services respectively in

the following manner:", there shall be substituted the

words "allocate costs in the following manner:"; and

(ii) sub-paragraph (b)(iii)

thereof

shall

be

substituted by the following

"(iii)when neither direct nor indirect

measures of cost allocation can be found, the cost

category shall be allocated on the basis of a

general allocator computed by using the ratio of all

expenses directly or indirectly assigned or

allocated, on the one hand, to each of the universal

services and on the other hand, to the other

services;"; and

(c)

the First Schedule shall be renamed as "the

Schedule".

17. The Second Schedule to the principal Act shall be deleted.

Deletion of the

Second

Schedule to the

PART II

principal Act.

Amendment of the Malta Communications Authority Act

This Part amends the Malta Communications Authority Amendment of

Act, and it shall be read and construed as one with the Malta the

Communications

Communications Authority Act, hereinafter refsub-articleerred to in Authority

this Part as "the principal Act".

Article 2 of the principal Act shall be amended as follows

Amendment of

article 2 of the

principal Act.

(a)

the definition "

"advisory

committee"

or

"committee" " shall be deleted;

(b) immediately after the definition "BEREC" there

shall be added the following new definition

" "Board" means the Board of the Authority

composed of the Chairman and members appointed in

accordance with article 3;";

(c)

the definition "Chairman" shall be substituted by the

following

" "Chairman" means the Chairman of the Authority

and includes, in the circumstances mentioned in article

3(3), the Deputy Chairman or other person appointed to act

as Chairman;";

(d) in the definition "contractor" for the words "in

accordance with article 5(5):" there shall be substituted the

words "in accordance with article 5(3):"; and

(e)

the

definitions

"Director

General"

and

"Directorates" shall be deleted.

Article 3 of the principal Act shall be amended as follows

Amendment of

article 3 of the

principal Act.

(a)

sub-article (1) thereof shall be substituted by the

following

"(1) There shall be a body, to be known as the

Malta Communications Authority, the affairs and business

of which shall be carried out by a board composed of a

Chairman and not less than four and not more than six

other members, in accordance with the provisions of article

5.";

(b) in sub-article (2) thereof, for the words "members of

the Authority", there shall be substituted the words "members of

the Board";

(c)

in sub-article (3) thereof, for the words "members of

the Authority", there shall be substituted the words "members of

the Board";

(d)

sub-article (4) thereof shall be amended as follows

(i) for the words "member of the Authority",

there shall be substituted the words "member of the

Board";

(ii) in paragraph (c) thereof, for the words

"member of the Authority", there shall be substituted the

words "member of the Board"; and

(iii) the proviso to paragraph (c) thereof shall be

substituted by the following

"Provided that the Minister may waive the

disqualification of a person under this paragraph if

such person declares the interest and the Minister

considers that there are valid reasons for such a

waiver

Provided further that if the Minister decides

to grant such waiver, the declaration of the person

stating his interest, the waiver and reasons therefor

shall be published in the Gazette.";

(e)

sub-article (5) thereof shall be amended as follows

(i) for the words "member of the Authority",

there shall be substituted the words "member of the

Board"; and

(ii) in paragraph (b) thereof, for the words

"member of the Authority", there shall be substituted the

words "member of the Board";

(f)

sub-article (6) thereof shall be substituted by the

following

"(6) A member of the Board may only be removed

from office by the Minister for any one or more of the

following reasons

(a)if the member due to infirmity of mind or

of body or of any other cause is effectively unable

to continue to discharge his duties as a member;

(b)if the behaviour or performance of the

member brings into question his suitability or

ability to continue as a member, in particular for

behaviour that affects or may affect his reputation,

independence or autonomy, or the reputation,

independence or autonomy of the Authority;

(c)if the member has been convicted of a

criminal offence affecting public trust, or of theft or

fraud, or of knowingly receiving property obtained

by theft or fraud or of bribery or of money

laundering, provided that the Minister may suspend

the member if he is being investigated for a criminal

offence; or

(d)if the member fails to perform his duties

for a prolonged period without any valid

justification

Provided that notwithstanding the above, it shall be

a cause for the removal of a member if that member for any

reason fails to perform his duties, including attending for

Board meetings, for a continuous period exceeding six

months.";

(g) sub-articles (7) and (8) thereof shall be renumbered

as sub-articles (8) and (9);

(h) immediately after sub-article (6) thereof there shall

be added the following new sub-article

"(7) If the Minister removes a member of the

Board from office, such removal shall be made public by

no later than the effective date of removal from office. At

the same time, the Minister shall provide the member

concerned with a statement of reasons for his removal, and

the member shall have the right to request that the

statement of reasons for his removal be made public, in

which case the Minister shall publish such statement.";

(i)

in sub-article (8) thereof, as re-numbered, for the

words "member of the Authority", wherever they occur, there

shall be substituted the words "member of the Board"; and

(j)

sub-article (9) thereof, as renumbered, shall be

amended as follows

(i) for the words "member of the Authority"

there shall be substituted the words "member of the

Board";

(ii) for the words "at the first meeting of the

Authority" there shall be substituted the words "at the first

meeting of the Board"; and

(iii) for the words "recorded in the minutes of the

Authority" there shall be substituted the words "recorded

in the minutes of the Board".

Article 4 of the principal Act shall be amended as follows

(a) paragraphs (r) and (s) of sub-article (3) thereof shall

be renumbered as paragraphs (t) and (u) and immediately after

paragraph (q) there shall be inserted the following new

paragraphs

"(r) advise the Minister on the planning and

development of the communications industry as well as on

the infrastructure supporting the communications industry;

(s) promote and advance Malta as a destination

for high value commercial users of communications

services and of information communications technologies

to establish places of business in Malta;"; and

(b) in sub-article (13) thereof for the words "not

exceeding eleven thousand and six hundred and forty-five euro

(11,645) and two hundred and thirty euro (230)", there shall be

substituted the words "not exceeding twelve thousand euro

(€12,000) and, or two hundred and fifty euro (€250)".

Article 5 of the principal Act shall be substituted by the

following

" Conduct of

5. (1) The affairs and business of

the affairs of

the Authority shall be the responsibility of the

the Authority.

Board which responsibility shall be exercised

through the Chairman

Provided that the Board may delegate or

devolve all or part of the executive conduct of

the Authority, its administration and

organization and the administrative control of

its officers and employees, to any officer or

officers of the Authority, who shall also have

such other powers as may from time to time

be delegated or devolved to him or to them by

the Board.

(2) The Authority shall exercise its

functions through such officer or officers as

the Board may from time to time designate in

accordance with sub-article (1).

(3) The Authority may exercise any

one or more of its functions either directly or

through any of its officers or employees or

through an agency authorized for that

purpose, or through a contractor or other

person with whom an agreement for the

performance of any one or more of such

functions has been entered into

Provided that nothing in this sub-article

shall authorize the Authority to contract out or

delegate any of

(i)

its regulatory functions; or

(ii) its authorization functions,

unless such functions are expressly

delegated to a public authority

established by law. The Schedule to this

Act shall state by name the public

authority to whom such authorization

functions are delegated and the type of

authorization in relation to which such

authorization functions are delegated.

The Authority may, from time to time,

after approval in writing by the Minister,

by order in the Gazette amend the

Schedule

Provided further that the Minister

before giving his approval shall, where

appropriate, consult with such other

Minister as may be responsible for the

public authority to whom such

authorization functions are to be

delegated.".

Article 7 of the principal Act shall be amended as follows

(a) sub-article (2) thereof shall be substituted by the

following

"(2) The legal representation of the Authority

shall jointly vest in the Chairman and such other member

of the Board or officer of the Authority as the Board may

appoint

Provided that the Authority may appoint one or

more members of the Board or one or more officers of the

Authority to appear in the name or on behalf of the

Authority in any judicial proceedings and in any act,

contract, instrument or other document whatsoever."; and

(b) sub-article (3) thereof shall be substituted by the

following

"(3) Any document purporting to be an instrument

made or issued by the Authority and signed by the

Chairman, or such other member of the Board or officer of

the Authority as may by the Board, in accordance with

sub-article (2), be vested with the legal representation of

the Authority, shall be received in evidence and shall, until

the contrary is proved, be deemed to be an instrument

made or issued by the Authority.".

Article 8 of the principal Act shall be amended as follows

(a)

sub-article (1) thereof shall be substituted by the

following

"(1) The meetings of the Board shall be called by

the Chairman as often as may be necessary but at least

once a month either on his own initiative or at the request

of any two of the other members of the Board.";

(b)

sub-article (2) thereof shall be amended as follows

(i) for the words "constituting the Authority",

there shall be substituted the words "constituting the

Board"; and

(ii) for the words "members of the Authority"

there shall be substituted the words "members of the

Board";

(c)

in sub-article (3) thereof, for the words "the

Authority" there shall be substituted the words "the Board";

(d) in sub-article (4) thereof, for the words "any

vacancy among the members.", there shall be substituted the

words "any vacancy among the members of the Board."; and

(e)

sub-article (5) thereof shall be amended as follows

(i) for the words "member of the Authority"

there shall be substituted the words "member of the

Board"; and

(ii) for the words "the provisions of article 3(8)."

there shall be substituted the words "the provisions of

article 3(9).".

In sub-article (3) of article 22 of the principal Act, for the Amendment of

words "or such other member or officer of the Authority" there shall article

principal Act.

be substituted the words "or such other member of the Board or

officer of the Authority".

Part VI and article 28 of the principal Act shall be deleted Deletion of Part

VI and

and Parts VII to X thereof shall be renumbered as Parts VI to IX.

renumbering of

Parts VII to X of

the principal

Act.

In sub-article (5) of article 29 of the principal Act, for the Amendment of

words "not exceeding eleven thousand and six hundred and forty-five article

principal Act.

euro (11,645)" there shall be substituted the words "not exceeding

twelve thousand euro (€12,000)".

Article 30 of the principal Act shall be amended as Amendment of

article 30 of the

follows

principal Act.

(a)

in sub-article (1) thereof, for the words "the duties of

a member, officer or employee of the Authority" there shall be

substituted the words "the duties of a member of the Board, or

of an officer or employee of the Authority";

(b) immediately after sub-article (1) thereof there shall

be added the following proviso

"Provided that any such person shall remain bound

by the requirements of this article even after his

appointment or employment, howsoever described, with

the Authority has come to an end."; and

(c)

in sub-article (3) thereof, for the words "not

exceeding two thousand and three hundred and twenty-five euro

(2,325)." there shall be substituted the words "not exceeding ten

thousand euro (€10,000).".

In paragraph (c) of sub-article (1) of article 31 of the

principal Act, for the words "in accordance with the Electronic

Communications (Regulation) Act." there shall be substituted the

words "in accordance with the Electronic Communications

(Regulation) Act and with any regulations made thereunder.".

In sub-article (1) of article 33 of the principal Act, for the

words "exceed three hundred and forty-nine thousand, four hundred

and six euro (€349,406) for each infringement or failure to comply

and, or eleven thousand, six hundred and forty-six euro and eighty-six

cents (€11,646.86)" there shall be substituted the words "exceed three

hundred and fifty thousand euro (€350,000) for each infringement or

failure to comply and, or twelve thousand euro (€12,000)".

After article 40 of the principal Act there shall be inserted

the following new article

The Minister for justice, after consultation

"Appeals pending

for decision before

with the Minister, may by notice in the Gazette,

the

Telecommunications

notwithstanding the provisions of article 24 of the

Appeals Board and,

or the

Administrative Justice Act, assign to the

Communications

Administrative Review Tribunal, the hearing and

Appeals Board .

determination of any appeals that may have been

pending before the Telecommunications Appeals

Board and, or the Communications Appeals Board as

on the 1st June 2012.".

32. Subarticle (2) of article 42 of the principal Act shall be

substituted by the following

"(2) The Tribunal or the Court of Appeal, as the case

may be, where it considers it to be appropriate, may, on the

application of a party to the appeal, suspend in whole or in part

the decision which is the subject of the appeal pending the final

determination of the appeal. The Tribunal or the Court of

Appeal in deciding whether or not to suspend the decision shall

state its reasons and shall take into account all the relevant

circumstances, including -

(a)

the urgency of the matter,

(b) the effect on the party making the request if

the application for suspension is not upheld, and

(c) the effect on competition and, or on end-users

if the application is upheld

Provided that a party, in making an application under this

article, shall state the factual and legal grounds establishing a

prima facie case for the suspension of the decision. The

Tribunal or the Court of Appeal, as the case may be, shall on

receipt of any such application order the notification thereof to

the other party or parties to the appeal affording them

reasonable opportunity to make their response thereto

Provided further that the Tribunal in determining any such

application may include such conditions as it considers

necessary in the circumstances.".

33. Subarticle (3) of article 44 of the principal Act shall be Amendment of

article 44 of the

substituted by the following

principal Act.

"(3) The Authority, in resolving any disputes referred to

it under this article, may issue directives to the person against

whom the complaint has been lodged, requiring that person to

comply with any measure that the Authority may specify in

accordance with its powers at law for the resolution of the

dispute

Provided that where, in a dispute lodged by a consumer,

the consumer is requesting the payment of compensation and, or

other civil redress and the amount involved does not exceed the

jurisdiction of the Consumer Claims Tribunal, the Authority

may refer such dispute for determination by the Consumer

Claims Tribunal.".

34. Article 45 of the principal Act shall be amended as Amendment of

article 45 of the

follows

principal Act.

(a)

in sub-article (1) thereof, for the words "members of

the Authority" there shall be substituted the words "members of

the Board"; and

(b) sub-article (2) thereof shall be deleted, and sub-

article (1) shall be renumbered as article 45.

35. In article 47 of the principal Act, for the words "The Amendment of

members, officers and employees of the Authority" there shall be article

principal Act.

substituted the words "The members of the Board, officers and

employees of the Authority".

36. In sub-article (1) of article 49 of the principal Act, the

words ", Director General" shall be deleted.

37. Immediately after article 49 of the principal Act there shall

be added the following new article

" Name of the

35. Fl-artikolu 47 tal-Att prinċipali minflok il-kliem "Il- Emenda tal-

membri, uffiċjali u impjegati tal-Awtorità" għandhom jidħlu l-kliem artikolu

Att prinċipali.

"Il-Membri tal-Bord, l-uffiċjali u l-impjegati tal-Awtorità".

36. Fis-subartikolu (1) tal-artikolu 49 tal-Att prinċipali l-kliem Emenda tal-

artikolu 49 tal-

", id-Direttur Ġenerali" għandhom jiġu mħassra.

Att prinċipali.

37. Minnufih wara l-artikolu 49 tal-Att prinċipali għandu Żjieda tal-

artikolu 50 ġdid

jiżdied dan l-artikolu ġdid li ġej

mal-Att

prinċipali.

" Isem l-

(1) An undertaking shall not,

Authority not

without the written prior consent of the

to be used in

Authority, make or cause to be made any

any

advertisement.

representation in any visual or aural form,

either specifically or by implication, to the

effect that

(a)

any goods or services

supplied by any undertaking have the

approval of the Authority; or

(b) any activity carried out by

any undertaking has the approval, or is

conducted with the co-operation or

assistance of the Authority.

(2) Where the name, tradename,

trademark or the designation of any goods or

service provided or supplied by an

undertaking appears in relation to a

representation referred to in sub-article (1),

that undertaking shall be deemed for the

purposes of this article to have caused the

representation to be made unless it proves that

the representation was made without its

knowledge or connivance.

(3) An undertaking convicted under

this article shall be liable to a fine (multa) of

not less than five hundred euro (€500) and not

more than five thousand euro (€5000).".

38. The Schedule to the principal Act shall be substituted by

the following

"SCHEDULE

(Article 5(3))

In accordance with the provisions of paragraph (ii) of the

proviso to article 5(3), the following public authority has been

delegated to issue the following type of authorization

Name of public authority

Type of authorization

".

PART III

Amendment of the Electronic Communications (Regulation) Act

39. This Part amends the Electronic Communications Amendment of

(Regulation) Act, and it shall be read and construed as one with the the

Communications

Electronic Communications (Regulation) Act, hereinafter referred to (Regulation)

Act.

in this Part as "the principal Act".

40. In the Maltese text of article 1 of the principal Act, for the Amendment of

words "l-Att biex jirregola Komunikazzjoni Elettroniċi" there shall be article

principal Act.

substituted the words "l-Att biex jirregola Komunikazzjonijiet

Elettroniċi".

41. In sub-article (1) of article 4 of the principal Act, for the Amendment of

words "The objectives of the Authority in the exercise of its functions article

principal Act.

under this Act shall include:" there shall be substituted the words

"The objectives of the Authority, to the extent that it is empowered at

law, in the exercise of its functions under this Act shall include:".

42. In sub-article (2) of article 5 of the principal Act, for the Amendment of

words "the content of messages transmitted" there shall be substituted article

principal Act.

the words "the content of any communications, howsoever described,

transmitted".

43. Immediately after sub-article (5) of article 27 of the Amendment of

article 27 of the

principal Act, there shall be added the following new sub-article

principal Act.

"(6) Nothing in this article shall be

construed as prohibiting the Authority from

delegating any of its authorisation functions

under this Part to any other public authority

established by law in accordance with the

provisions of article 5 of the Malta

Communications Authority Act.".

44. Subarticle (4) of article 38 of the principal Act shall be Amendment of

article 38 of the

substituted by the following

principal Act.

"(4) Upon the grant of rights for the use of radio

frequencies and in any case not less than once a year, the

Authority shall publish the assignment of such rights in so far as

these relate to the provision of electronic communications

services.".

45. In sub-article (2) of article 51 of the principal Act, for the Amendment of

words "shall lie to the prosecution" there shall be substituted the article

principal Act.

words "shall lie with the prosecution".

Passed by the House of Representatives at Sitting No. 134 of the

26th March, 2014.

A NĠLU F ARRUGIA

Speaker

R AYMOND S CICLUNA

Clerk to the House of Representatives