ACT No. XVIII of 2016 AN ACT to amend the Utilities and Services (Regulation of Certain Works) Act, to implement measures to reduce the cost of deployment of high-speed electronic communications networks, to make provision with respect to matters ancillary thereto or connected

I assent.

M ARIE L OUISE

(L.S.)

C OLEIRO P RECA

President

12th April, 2016

ACT No. XVIII of 2016

AN ACT to amend the Utilities and Services (Regulation of

Certain Works) Act, to implement measures to reduce the cost of

deployment of high-speed electronic communications networks, to

make provision with respect to matters ancillary thereto or connected

therewith and to provide for certain measures relating to electronic

communications.

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 Utilities and Services

(Regulation of Certain Works) (Amendment) Act, 2016, and this Act

shall be read and construed as one with the Utilities and Services

(Regulation of Certain Works) Act, hereinafter referred to as "the

principal Act".

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

responsible for infrastructure may by notice in the Gazette appoint,

and different dates may be appointed for different purposes and

different provisions of this Act.

(Article 2)

In accordance with the provisions of article 2 of this Act, in the

context of the definition of the words "competent utility regulator"

the following public sector bodies are designated as "competent

utility regulators"

The Malta Communications Authority ("MCA") is

responsible for the regulation of electronic communications

services and networks;

(2) The Regulator for Energy and Water Services

("REWS") is responsible for the regulation of energy services

and networks and the regulation of water services and networks;

and

(3) The Authority for Transport in Malta ("TM") is

responsible for the exercise of regulatory functions relating to

roads and to transport by air, rail, road or sea.

The purpose of this Act is to amend the Utilities and

Services (Regulation of Certain Works) Act, to implement Directive

2014/61/EU of the European Parliament and of the Council of 15

May 2014 on measures to reduce the cost of deploying high-speed

electronic communications networks, the regulation of certain works

in connection with utilities and other services, and to amend other

existing laws that relate to such measures and to the provision of

electronic communications services.

(Article 21)

Regulations listed in accordance with the provisions of article

21 of this Act

The Electronic Communications Networks and Services

(General) Regulations (S.L. 399.28).

Immediately before article 1 of the principal Act there Addition of

heading

shall be added the following new heading

immediately

before article 1

of the principal

"PART I

Act.

Preliminary".

(Article 24)

The remuneration payable to the President where the person

appointed is a former judge or a former magistrate and to the two

ordinary members of the Dispute Resolution Board shall be as

follows

(1)

In the case of the President for

•

the first hour of a sitting or part thereof seventy

five euro (€75), and

•

every subsequent hour or part thereof sixty-five

euro (€65).

(2)

In the case of an ordinary member for

•

the first hour of a sitting or part thereof sixty

euro (€60), and

•

every subsequent hour or part thereof fifty euro

(€50).

Provided that in the case of any sittings which are held outside

the venue designated for the holding of Board sittings, the fee due to

the President and to the ordinary members shall be increased by ten

euro (€10) per hour or part thereof.".

20. The enactments in the First Column of the Schedule to this Amendment of

Act shall have effect subject to the amendments appearing relative other

enactments.

thereto in the Second Column of the said Schedule.

Article 2 of the principal Act shall be substituted by the Substitution of

article 2 of the

following

principal Act.

" Interpretation.

2. (1) In this Act unless the context

otherwise requires

"access point" means a physical point,

located inside or outside the building, accessible

to undertakings providing or authorized to

provide public communications networks, where

connection to the high-speed-ready in-building

physical infrastructure is made available;

"bodies governed by public law" means

bodies that have all of the following

characteristics

(a)

they are established for the

specific purpose of meeting needs in the

general interest, not having an industrial or

commercial character;

(b) they have legal personality;

and

(c)

they are financed, in full or for

the most part, by the State, or regional or

local authorities, or by other bodies

governed by public law; or are subject to

management

supervision

by

those

authorities or bodies; or have an

administrative, managerial or supervisory

board, more than half of whose members

are appointed by the State, regional or

local authorities or by other bodies

governed by public law;

"civil works" means every outcome of

building or civil engineering works taken as a

whole which is sufficient of itself to fulfil an

economic or technical function and entails one

or more elements of a physical infrastructure;

"competent authority for permit granting"

or "competent authorities for permit granting"

means such public sector body or bodies

responsible for the granting of civil works

permits;

"competent infrastructure regulator" or

"competent infrastructure regulators" means

such public sector body or bodies responsible for

the infrastructure regulation as may be listed in

the First Schedule, which Schedule may from

time to time be amended by the Minister

responsible for infrastructure by means of a

notice in the Gazette;

"competent

utility

regulator"

or

"competent utility regulators" means any such

public sector body or bodies responsible at law

for the regulation of those utility services listed

in accordance with the Second Schedule, which

list shall state the authority responsible for the

regulation of each of the different utility services

and, where applicable the networks therein

listed

Provided that this Schedule may from time

to time be amended by the Prime Minister by

notice in the Gazette;

"Dispute Resolution Board" or "Board"

means the Utilities Networks Dispute Resolution

Board established under Part IV;

"electronic communications network" and

"electronic communications service" shall

respectively have the same meaning as under the

Electronic Communications (Regulation) Act;

"energy" includes electrical energy, fuel,

heat when transmitted as a commercial activity,

and energy derived from renewable sources;

"high-speed electronic communications

network" means an electronic communications

network which is capable of delivering

broadband access services at speeds of at least

thirty Mbps

Provided that the Minister responsible for

electronic communications may by notice in the

Gazette vary such speeds;

"high-speed-ready in-building physical

infrastructure" means in-building physical

infrastructure intended to host elements or

enable delivery of high-speed electronic

communications networks;

"in-building physical infrastructure" means

physical infrastructure or installations at the

end-user’s location, including elements under

joint ownership, intended to host wired and, or

wireless access networks, where such access

networks are capable of delivering electronic

communications services and connecting the

building access point with the network

termination point;

"major renovation works" means building

or civil engineering works at the end-user’s

location encompassing structural modifications

of the entire in-building physical infrastructure

or a significant part thereof, including the

common parts, and requiring a building permit;

"network"

means

any

physical

infrastructure utilised by a network operator;

"network operator" means an undertaking

providing or authorized to provide public

communications networks as well as an

undertaking providing a physical infrastructure

intended to provide

(a)

a service of production,

transport or distribution of

(i) gas;

(ii) electricity,

including

public lighting;

(iii) heating;

(iv) water, including disposal

or treatment of waste and sewage,

and drainage services;

(b) transport services, including

railways, roads, ports and airports;

"owner" includes occupier and user;

"permit" means an explicit or implicit

decision of a competent authority for permit

granting following any procedure under which

an undertaking is required to take steps in order

to legally carry out building or civil engineering

works;

"physical infrastructure" means any

element of a network which is intended to host

other elements of a network without becoming

itself an active element of the network, including

but not limited to, pipes, masts, ducts, inspection

chambers, manholes, cabinets, buildings or

entries to buildings, antenna buildings, towers

and poles

Provided that cables, including dark fibre,

as well as elements of networks used for the

provision of water intended for human

consumption as defined in regulation 3 of the

Water Intended for Human Consumption

Regulations are not physical infrastructure

within the meaning of this Act;

"public sector body" means a state,

regional or local authority, a body governed by

public law or an association formed by one or

several such authorities or one or several such

bodies governed by public law;

"Single Information Point" means the

public entity appointed under article 19 to

perform the functions of a single point of

contact;

"tenement" means any tenement whether

private or public and includes any road, path,

building or construction however so described,

or water;

"Tribunal" means the Administrative

Review Tribunal established by article 5 of the

Administrative Justice Act;

"undertaking" means, unless stated

otherwise in this Act, an undertaking providing

or authorized to provide public communications

networks;

"utilities"

includes

electronic

communications services, gas, electricity

including public lighting, heating, water

including disposal or treatment of waste and

sewage, and drainage systems, transport services

including roads, ports and airports, and such

other services as the Minister responsible for

infrastructure may by notice in the Gazette

designate as “utilities” for the purposes of this

Act; and

"Utilities Committee" means the Utilities

Services Advisory Committee established under

article 22.

(2) For the words "the Authority for

Transport in Malta", wherever they occur in the

principal Act, there shall be substituted the

words "the competent infrastructure regulator".

Amendment of Laws

First Column

Second Column

Enactment

Extent of Amendments

1. Article 12 thereof shall be substituted by the

Communications following

(Regulation) Act. " Imposition of

12. The Authority may as necessary,

sharing of wiring

impose obligations in relation to the sharing

obligations.

of wiring inside buildings or up to the first

concentration or distribution point where

this is located outside the building, on an

undertaking

providing

electronic

communications networks which has the

right to install facilities on, over or under

public or private property and, or on the

owner of such wiring, where this is justified

on the grounds that duplication of such

infrastructure would be economically

inefficient or physically impracticable

Provided that such sharing or co-

ordination arrangements shall include rules

for apportioning the costs of facility or

property sharing adjusted for risk where

appropriate.".

2. Immediately after article 12 thereof, there shall be

added the following new article

" Access to in-

12A. (1) The provisions of article 2 of

building physical

the Utilities and Services (Regulation of

infrastructure.

Certain Works) Act shall, unless provided

otherwise, apply with regard to the

provisions of this article.

(2) The holder of a right to use the

access point and the in-building physical

infrastructure shall meet all reasonable

requests for access from undertakings under

fair and non-discriminatory terms and

conditions,

including

where

appropriate.

(3) An undertaking has the right

(a)

to roll out its network at its

own costs up to the access point; and

(b) to access any existing in-

building physical infrastructure with a

view to deploying a high-speed

electronic communications network if

duplication is technically impossible

or economically inefficient

Provided that if access referred to in

paragraphs (a) or (b) is not achieved within

two months from the date of receipt of a

formal written request for access, then an

aggrieved party may refer the dispute to the

Dispute Resolution Board in order to assess

compliance with the requirements provided

with in the aforesaid paragraphs.

(4) The Dispute Resolution Board shall

in determining any dispute referred to it in

accordance with this article, take full

account of the principle of proportionality,

issue a binding decision to resolve the

dispute raised within the shortest possible

time frame and in any case within two

months from the date of the receipt of the

complete request except in exceptional

circumstances in accordance with article 32

of the Utilities and Services (Regulation of

Certain Works) Act.

(5) The Authority may, after having

consulted with any other utility regulator or

regulators as the case may be and with any

such other public sector body or bodies as it

may

consider

necessary

in

the

circumstances, provide for exemptions from

the obligations provided for in sub-article (3)

for buildings where access to an existing

network that terminates at the location of the

end-user and that is suitable for the provision

of high-speed electronic communications

services, is ensured on objective,

transparent,

proportionate

and

non-

discriminatory terms and conditions.

(6) In the absence of available high-

speed-ready in-building infrastructure, an

undertaking may terminate its network at the

premises of the subscriber subject to the

agreement of the subscriber provided that it

minimizes the impact on the private property

of third parties.

(7) The provisions of this article are

without prejudice to the right to property of

the owner of the access point or the in-

building physical infrastructure, in cases

where the holder of a right to use that

infrastructure or access point is not the

owner thereof, and to the right to property of

other third parties such as landowners and

building owners.

(8) A person suffering damages as a

result of the exercise of the rights under this

article shall be entitled to adequate financial

compensation in accordance with applicable

national legislation.".

3. Article 4 thereof shall be amended as follows

(a) sub-article (13) thereof shall be deleted; and

(b) sub-article (14) thereof shall be renumbered as

sub-article (13).

4. Sub-article (1) of article 31 thereof shall be amended

as follows

(a)

for the words "or who fails to comply with

any decision given by the Authority or with any

authorization condition:" there shall be substituted the

words "or who fails to comply with any decision given

by the Authority or with any decision given by the

Utilities Networks Dispute Resolution Board where the

Authority considers that non-compliance by any person

with such a decision may impact negatively on the

provision of electronic communications services or

networks, or with any authorization condition:"; and

(b) immediately after paragraph (c) thereof

there shall be added the following new proviso

"Provided that a reference to a decision given

by the Utilities Networks Dispute Resolution

Board includes any decision of the Board which

is appealed from before the Court of Appeal but

has not been suspended by the Court of Appeal,

and any decision of the Court of Appeal

following an appeal from any decision of the

Board.".

5. Article 46 thereof shall be amended as follows

(a)

article 46 thereof shall be renumbered as

sub-article (1) of the said article; and

(b) immediately after sub-article (1) thereof, as

re-numbered, there shall be added the following new

sub-article

"(2) The Minister may, after consultation

with the Authority, by order in the Gazette list in

the Second Schedule, any European Union

legislation however so described or part thereof

which is directly applicable to Malta, which

legislation, once so listed, shall be considered to

be a law enforced by the Authority in

accordance with its powers under Part VI

Provided that the Minister may, after

consultation with the Authority, by order in the

Gazette amend such list.".

6. The Schedule thereof shall be renumbered as the First

Schedule.

7. Immediately after the First Schedule thereof, as

renumbered, there shall be added the following new Schedule

"SECOND SCHEDULE

(Article 46(2))

The following legislation is being listed in

accordance with the provisions of article 46(2)

(i) Regulation (EU) No 531/2012 of the

European Parliament and of the Council of 13

June 2012 on roaming on public mobile

communications networks within the Union; and

(ii) Regulation (EU) 2015/2120 of the

European Parliament and of the Council of the

25 November 2015 laying down measures

concerning open internet access and amending

Directive 2002/22/EC on universal service and

users’

rights

relating

to

electronic

communications networks and services and

Regulation (EU) No 531/2012 on roaming on

public mobile communications networks within

the Union.".

8. Article 47 thereof shall be amended as follows

(a)

the marginal note shall be substituted by the

following

"Administrative penalties."; and

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

the following

"(1) Unless stated otherwise at law, the

Authority shall have the power to impose in

respect of any person who infringes any

provisions of this Act, of any regulations made

thereunder, or of those provisions of the Utilities

and Services (Regulation of Certain Works) Act

which the Authority is empowered to enforce or

who fails to comply with any directive, decision

or order however so described given by the

Authority, an administrative penalty using such

procedures as may be established in this Act or

regulations made thereunder.".

Passed by the House of Representatives at Sitting No. 371 of the

4th April, 2016.

A NĠLU F ARRUGIA

Speaker

R AYMOND S CICLUNA

Clerk of the House of Representatives

€4.32

Article 3 of the principal Act shall be deleted.

Deletion of

article 3 of the

principal Act.

Immediately before article 4 of the principal Act there Addition of

heading to the

shall be added the following new heading

principal Act.

"PART II

Regulation of Utilities’ Infrastructure Access"

Article 4 of the principal Act shall be substituted by the Substitution of

article 4 of the

following

principal Act.

" Power to

4. For the purposes of this Act, it shall

order placing

be lawful for the competent infrastructure

of cable, etc.

regulator to order that cables and wires be placed

or other works be carried out either below,

above, by the side of or in any building, entry to

or common parts of any building or tenement

and that trenches, pits, poles, stays, brackets and

all other accessories essential to the proper

working of the networks be cut, placed, erected

in or affixed to or within any building, entry to

or common area of any building or any

tenement; and any such order shall be notified to

the owner of the said tenement at least ten days

prior to the carrying out of any of the works

aforesaid.".

Immediately after article 4 of the principal Act there shall Addition of new

articles to the

principal Act.

be added the following new articles

" Power to

4A. (1) The competent infrastructure

order

regulator may order the collocation, use or

collocation, etc.

sharing of the same facilities on, over or under

public or private property in relation to any

cables, wires, physical infrastructure or other

accessories, however so described, used or to be

used for the provision of any utilities by a

provider of any such utilities in any buildings,

common areas, entries to buildings, trenches,

pits, ducts, conduits, manholes, cabinets or on

any poles, masts, antennae, towers or other

supporting constructions, stays or brackets, cut,

placed, erected or affixed by another provider of

any such utilities

Provided that the competent infrastructure

regulator may order the taking of such measures

as it may consider necessary to facilitate the

coordination of public works in order to protect

the environment, public health, public security

or to meet town planning and country objectives.

In doing so the competent infrastructure

regulator may also provide for rules of

apportioning the costs of facility or property

sharing.

(2) An order under sub-article (1) may

be issued by the competent infrastructure

regulator acting of its own initiative or following

the written request of a competent utility

regulator who considers the issue of such an

order necessary for the provision of a utility

service

Provided that before deciding whether to

issue an order, the competent infrastructure

regulator shall where appropriate in writing

consult with the competent utility regulator or

regulators as the case may be

Provided further that no such order shall be

issued if it relates to a dispute lodged before the

Dispute Resolution Board under this Act, or to

an appeal before the competent appellate forum

contesting a final decision issued by that Board

on any such dispute lodged before it.

(3) The

competent

infrastructure

regulator shall notify any order made under sub-

article (1) to the provider of the utility service

impacted by the order of collocation, and to any

other persons as it may consider appropriate in

the circumstances where it considers that such

persons may have an interest in knowing about

the issue of the order, at least ten days prior to

the carrying out of any of the works aforesaid

Provided that the competent infrastructure

regulator shall before issuing any such order

afford such reasonable opportunity as it may

consider appropriate in the circumstances to all

interested persons to express their views in

writing.

(4) Any measures taken by the

competent infrastructure regulator in accordance

with this article shall be objective, transparent,

non-discriminatory, and proportionate, and

where appropriate, these measures shall be

carried out in coordination with the competent

utility regulator or regulators and any other

relevant public sector body.

4B. An order issued in accordance with

Coming into

effect of orders,

article 4 or article 4A shall have effect

etc.

immediately on the lapse of the tenth day

following its notification; and the recipient of

the order shall thereupon fully, immediately and

properly, implement the same or allow the full,

immediate and proper implementation thereof,

and shall refrain from causing or continuing to

cause any impediment or hindrance to the said

implementation

Provided that the implementation of any

such order shall not be impeded, restricted or

delayed by reason of any claim for charges made

by the recipient of the order.

4C. (1) The recipient of an order made

Charging for

collocation and

under article 4A shall be allowed to charge for

dispute related

thereto.

the collocation or the use of the facilities affixed

or erected by it at rates based on reasonable

relevant costs. Charges for collocation or use of

the same facilities shall be cost-oriented and

shall not include charges for overheads such as

marketing, personnel or maintenance costs,

other than those directly incurred on the

facilities used.

(2) The recipient of an order made under

article 4A shall submit its charges to the

provider collocating or making use of the

facilities affixed or erected by the said recipient

within thirty days of commencement of

collocation or use as aforesaid

Provided that if the provider collocating or

making such use disagrees with such charges it

may, within twenty days of receipt of the same,

make a dispute before the Dispute Resolution

Board which Board shall resolve any such

dispute within the shortest time frame and in any

case within two months from the date of receipt

of the dispute except in exceptional

circumstances in accordance with the provisions

of article 32.

(3) The

competent

infrastructure

regulator may, following consultation in writing

with the competent utility regulator or

regulators, upon application by the recipient of

an order made under article 4A, order the person

allowed to collocate or to make use of the

facilities affixed or erected by the said recipient

to provide security for the payment of charges

due hereunder in respect of such collocation or

use in an amount and in such form as may be

determined by the competent infrastructure

regulator.

4D. The

competent

infrastructure

Exercise of

functions by

regulator in the exercise of its functions under

the competent

infrastructure

this Act shall

regulator.

(a)

act on the basis of simple,

efficient,

transparent

and

publicly

available procedures, applied without

discrimination and without delay, and shall

in any case make a decision within four

months from the application date;

(b) follow the principles of

transparency and non-discrimination in

attaching conditions to any rights it may

grant to a utility service provider; and

(c)

give reasons for its decisions

Provided that the competent infrastructure

regulator shall, in relation to any fees it may be

authorized to impose by or under this Act

relating to such works, ensure that fees are

objectively

justified,

transparent,

non-

discriminatory and proportionate in relation to

their intended purpose

Provided further that the competent

infrastructure regulator shall, in relation to

amendments that it may consider making to any

rights, conditions and procedures relating to

such works, ensure that any amendment is only

made in objectively justified cases and in a

proportionate manner. Before making any such

amendment, the competent infrastructure

regulator shall give notice in such manner as it

considers appropriate of its intention, inviting

interested parties including users and

consumers, to make representations on the

proposed amendments within a period of not less

than thirty days as may be specified in the

notice. The competent infrastructure regulator

may in those circumstances which it considers to

be exceptional, shorten such period

Provided further that the competent

infrastructure regulator shall in writing consult

with the competent utility regulator or regulators

in relation to amendments that it may consider

making to collocation orders which were

previously issued.

4E. A person or a competent utility

Contestation of

a regulatory

regulator aggrieved by any regulatory decision

decision.

however so described taken under this Part may

appeal to the Tribunal

Provided that any such person in appealing

shall explain his juridical interest in impugning

the decision appealed from

Provided further that where applicable the

competent utility regulator which has an interest

in the matter, shall also be notified with any

appeal filed under this article and shall be

entitled to intervene in such proceedings and

make submissions thereon.".

In article 5 of the principal Act, for the words "in the last

preceding article" there shall be substituted the words "in articles 4

and 4A"; and for the words "to the Court of Appeal" there shall be

substituted the words "to the First Hall of the Civil Court".

Article 6 of the principal Act shall be amended as follows

(a)

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

regulator concerned" there shall be substituted the words "to the

competent infrastructure regulator";

(b) in paragraph (c) of sub-article (2) thereof, for the

words "to the regulator concerned" there shall be substituted the

words "to the provider of the utility service concerned";

(c)

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

following

"(3) Before taking a decision further to any request

under this article the competent infrastructure regulator

in dealing with such a request, shall -

(a) where necessary, consult in writing with the

competent utility regulator or regulators; or, and

(b) consult in writing with any persons who the

competent infrastructure regulator considers may be

effected in a negative manner, giving such persons a

reasonable opportunity to make their submissions in

writing.".

Immediately after article 6 of the principal Act there shall

be added the following new article

" Applicability

6A. For the purpose of inspecting, testing

of article 471

or maintaining in good state of repair any work

of the Civil

carried out under this Act, the provisions of

Code.

article 471 of the Civil Code shall apply.".

Article 7 of the principal Act shall be substituted by the Substitution of

article 7 of the

following

principal Act.

" Where the

7. (1) Where the owner of a tenement

owner of the

in, over or upon which there is any cable, wire,

tenement may

pole, stay, bracket or other essential accessory,

ask for removal

of a cable, etc.

intends to make alterations in the tenement and

such alterations cannot be effected unless -

(a)

the cable, wire, pole, stay,

bracket or other essential accessory is

temporarily or permanently removed; or

(b) the position of such cable,

wire, pole, stay or bracket or other

essential accessory cannot be changed,

then the owner may request that such work be

temporarily or permanently removed, or else that

the position of such work be changed, this

notwithstanding that the owner had given his

consent for the execution of the work or had

received compensation in terms of this Part.

(2) A request under sub-article (1) shall

be made by application before the First Hall of

the Civil Court whereby the owner shall state

under oath why in accordance with the

provisions of sub-article (1) the request is being

made

Provided that the owner in filing such a

request shall

(a)

notify

the

competent

infrastructure regulator, any competent

utility regulator or regulators where

applicable, and any network operator who

may be effected in a negative manner; and

(b) give three months notice of his

intention to affect the alterations aforesaid.

(3) A network operator may, within

twenty days from notification of a request made

under this article, contest such request only if it

can prove that the owner has other reasonable

means of making the alterations and that it shall

be affected in a negative manner if the request is

upheld.

(4) If the request under this article is not

contested, the owner may without any further

notice proceed with the alterations on the lapse

of the three month notice period referred to in

sub-article (2)(b)

Provided that the owner shall, where his

request has not been contested or, if contested,

the contestation thereof has been rejected,

refund any compensation which he may have

received.".

In article 8 of the principal Act, for the words "and

telegraphic communications systems" there shall be substituted the

words "and electronic communications networks".

In article 9 of the principal Act, for the words "to a fine

(multa) not exceeding two hundred and thirty-two euro and ninety-

four cents (232.94) or imprisonment for a term not exceeding one

month or to both such fine and imprisonment" there shall be

substituted the words "to a fine (multa) not exceeding five thousand

euro (€5,000)".

In article 10 of the principal Act, for the words

"telegraphic communications systems" there shall be substituted the

words "electronic communications networks"; and for the words "to a

fine (multa) not exceeding two hundred and thirty-two euro and

ninety-four cents (232.94) or imprisonment for a term not exceeding

three months or to both such fine and imprisonment" there shall be

substituted the words "to a fine (multa) not exceeding five thousand

euro (€5,000)".

Articles 11 and 12 of the principal Act shall be deleted.

In article 13 of the principal Act, for the words "with

article 11" there shall be substituted the words "with article 37".

Immediately after article 13 of the principal Act, as

amended, there shall be added the following new Parts and articles

"PART III

Facilitating High-Speed Electronic

Communications Networks

14. (1) A network operator shall meet

Access to

existing

all reasonable requests made in writing by an

physical

infrastructure.

undertaking requesting access to its physical

infrastructure under fair and reasonable terms

and conditions, including price, with a view to

deploying elements of high-speed electronic

communications networks

Provided that the undertaking concerned

shall in its request specify the elements of the

project for which the access is requested,

including a specific time frame

Provided further that nothing in this Part

shall be construed as prohibiting network

operators from offering access to their physical

infrastructure.

(2) Any refusal of access following a

request made in accordance with sub-article (1)

shall be based on objective, transparent, and

proportionate criteria including but not limited

to

(a) the technical suitability of the

physical infrastructure to which access has

been requested to host any of the elements

of high-speed electronic communications

networks referred to in sub-article (1);

(b) availability of space to host the

elements of the high-speed electronic

communications networks referred to in

sub-article (1), including that the future

needs for space of the network operator are

sufficiently demonstrated;

(c)

safety and public health

concerns;

(d) integrity and security of any

network, in particular of critical national

infrastructure;

(e)

the risk of serious interferences

of the planned electronic communications

services with the provision of other

services over the same physical

infrastructure;

(f)

the availability of viable

alternative means of wholesale physical

network infrastructure access provided by

the network operator and suitable for the

provision of high-speed electronic

communications networks, provided that

such access is offered under fair and

reasonable terms and conditions.

(3) The network operator when giving its

refusal shall in writing state its reasons for

refusing the request, which reasons must be

given within two months from the date of receipt

of the complete request for access

Provided that in doing so the network

operator shall, where applicable, provide the

undertaking making the request with any

relevant documentation in support of its refusal.

(4) Where access is refused or an

agreement on specific terms and conditions,

including price, has not been reached within two

months from the date of receipt of the complete

request for access, then either party may file a

dispute with the Dispute Resolution Board on the

lapse of the two months period referred to in this

sub-article.

(5) The Dispute Resolution Board shall,

in determining any dispute, referred to it in

accordance with this article, taking into account

the principle of proportionality, issue a binding

decision to resolve the dispute, including the

setting of fair and reasonable terms and

conditions, including price where appropriate

Provided that where the dispute relates to

access to the infrastructure of an electronic

communications network provider, the Board

shall, where appropriate, take into account the

objectives set out in article 4 of the Electronic

Communications (Regulation) Act

Provided further that any price set by the

Board shall ensure that the access provider has a

fair opportunity to recover its costs and shall

take into account the impact of the requested

access on the business plan of the access

provider, including the investments made by the

network operator to whom access is requested,

in particular in the physical infrastructures used

for the provision of high-speed electronic

communications services.

(6) The Dispute Resolution Board shall

resolve any dispute referred to it in accordance

with this article within the shortest possible time

frame and in any case within four months from

the date of the receipt of the complete request,

except in exceptional circumstances in

accordance with the provisions of article 32.

(7) The provisions of this article shall be

without prejudice to the right to property of the

owner of the physical infrastructure in cases

where the network operator is not the owner, and

to the right to property of any other third parties,

such as landowners and private property owners.

15. (1) An undertaking in the course of

Transparency

concerning

requesting access to physical infrastructure in

physical

infrastructure.

accordance with article 14(1), has the right to

access, upon request, the following minimum

information concerning the existing physical

infrastructure of any network operator

(a)

location, and route;

(b) type and current use of

infrastructure; and

(c)

a contact point

Provided that, in doing so, the undertaking

shall specify the area in which it envisages

deploying elements of the high-speed electronic

communications networks

Provided further that the provision of any

such information to the undertaking may be

subject to any limitations consequential to the

security of the networks and their integrity,

national security, public health or safety,

confidentiality or operating and business secrets

as may be determined by the competent

infrastructure regulator.

(2) A public sector body holding in

electronic format, by reason of its tasks,

elements of the minimum information referred

to in sub-article (1) concerning the physical

infrastructure of a network operator, shall make

such information available

(a)

through the Single Information

Point by electronic means; and, or

(b) to an undertaking upon the

request in writing of that undertaking, this

without prejudice to the limitations stated

in sub-article (1)

Provided that any update to that

information or any new element of minimum

information referred to in sub-article (1)

received by the public sector body shall be made

available to the Single Information Point within

two months from the date of its receipt, which

period of such two months may be extended by a

further period not extending one month, where

this is required to guarantee the reliability of the

information provided

Provided further that any information

provided to the Single Information Point shall be

updated forthwith by the entity responsible for

the provision of such information which entity

shall inform the Single Information Point

accordingly.

(3) Minimum information made available

to the Single Information Point in accordance

with sub-article (2) shall be accessible promptly,

through the Single Information Point, in

electronic format and under proportionate, non-

discriminatory and transparent terms. Such

access shall be made available through the

Single Information Point by not later than the 1

January 2017.

(4) Where the minimum information

referred to in sub-article (1) is not available

through the Single Information Point, then

network operators shall provide access to such

information upon the specific written request by

an undertaking. In making such a request the

undertaking shall specify the area envisaged for

the deployment of elements of high-speed

electronic communications networks

Provided that access to information shall

be granted within two months from the date of

receipt of the written request under

proportionate,

non-discriminatory

and

transparent terms without prejudice to the

limitations under sub-article (1).

(5) Upon the specific written request of

an undertaking, a network operator shall meet

reasonable requests for on-site surveys of

specific elements of its physical infrastructures.

In making such a request the undertaking shall

specify the elements of the network concerned

with a view to deploying elements of high-speed

electronic communications networks

Provided that on-site surveys of the

specified network elements shall be granted

under proportionate, non-discriminatory and

transparent terms within one month from the

date of receipt of the written request, without

prejudice to the limitations in sub-article (1).

(6) In the event of a dispute arising in

connection with the rights and obligations

provided for in this article, either party may refer

the dispute to the Dispute Resolution Board

which shall, after taking full account of the

principle of proportionality, issue a binding

decision to resolve the dispute within the

shortest possible time frame and in any case

within two months, except in exceptional cases

in accordance with article 32.

(7) The Single Information Point

following consultation with any competent

utility regulator or regulators as the case may be,

and such other public sector body or bodies as it

may consider necessary, may provide for

exemptions from the obligations in sub-articles

(1) to (5) in the case of existing physical

infrastructures considered not technically

suitable for the deployment of electronic

communications networks or in the case of

critical infrastructure. In doing so it shall give its

reasons in writing and shall before taking a final

decision, give any interested parties the

opportunity to make any written submissions

within such reasonable time as it may establish.

(8) An undertaking which obtains any

information pursuant to the provisions of this

article shall, where appropriate, ensure that the

information so acquired is treated with due

consideration to confidentiality, and operating

and business secrets.

16. (1) A network operator has the right

Coordination

of civil works.

to negotiate agreements concerning the

coordination of civil works with undertakings

with a view to deploying elements of high-speed

electronic communications networks.

(2) A network operator performing

directly or indirectly civil works, either fully or

partially financed by public means, shall comply

with any reasonable written request to

coordinate civil works on transparent and non-

discriminatory terms, made by an undertaking,

with a view to deploying elements of high-speed

electronic communications networks, provided

that

(a) such request does not entail

any additional costs, including because of

additional delays, for the initially

envisaged civil works;

(b) such request does not impede

control over the coordination of the works;

and

(c) the request to coordinate is

filed as soon as possible and in any case at

least one month before the submission of

the final project to the competent

authorities for permit granting

Provided that the Minister responsible for

infrastructure may make such regulations as he

may consider necessary on apportioning the

costs associated with the coordination of civil

works. In doing so the Minister shall consult

with the competent utility regulator or regulators

as the case may be and with any public sector

body or bodies as he may consider necessary in

the circumstances.

(3) If an agreement on the coordination

of civil works in accordance with sub-article (2)

is not achieved within one month from the date

of receipt of the formal written request to

negotiate, then any aggrieved party may refer

the dispute to the Dispute Resolution Board.

(4) The Dispute Resolution Board shall,

in determining any dispute referred to it in

accordance with this article, taking full account

of the principle of proportionality, issue a

binding decision to resolve the dispute raised,

including the setting of fair and non-

discriminatory terms and conditions, and

charges where appropriate

Provided that the Board shall resolve any

dispute referred to it in accordance with this

article within the shortest possible time frame

and in any case within two months from the date

of the receipt of the dispute except in

exceptional circumstances in accordance with

article 32.

(5) The competent authority for permit

granting may, following consultation in writing

with the competent utility regulator or regulators

as the case may be and with such other public

sector body or bodies as it may consider

necessary, provide for exemptions from the

obligations in this article for civil works of

insignificant importance, such as in terms of

value, size or duration, or in the case of critical

national infrastructure

Provided that in so doing, the competent

authority for permit granting shall give its

reasons in writing and shall before taking a final

decision, give any interested parties the

opportunity to make any written submissions on

the draft exemptions within such reasonable

time as it may establish.

17. (1) In order to negotiate agreements

Transparency

concerning

on the coordination of civil works referred to in

civil works.

article 16, a network operator shall make

available upon the specific written request of an

undertaking,

the

following

minimum

information concerning on-going or planned

civil works related to its physical infrastructure

for which a permit has been granted, a permit

granting procedure is pending or a first

submission to the competent authority for permit

granting is envisaged in the following six

months

(a)

the location and the type of

works;

(b) the network elements involved;

(c)

the estimated date for starting

the works and their duration; and

(d) a contact point

Provided that the provision of any such

information to the undertaking shall be subject

to any limitations consequential to the security

of the networks and their integrity, national

security, public health or safety, confidentiality

or operating and business secrets.

(2) The undertaking shall in making its

request, specify the area in which it envisages

deploying elements of high-speed electronic

communications networks

Provided that within fourteen days from

the date of receipt of the written request,

network operators shall provide the requested

information

under

proportionate,

non-

discriminatory and transparent terms.

(3) The network operator may refuse the

request made under sub-article (1) if

(a)

it had made the requested

information publicly available in electronic

format; or

(b) access to such information is

ensured through the Single Information

Point.

(4) The network operator shall make the

requested minimum information referred to in

sub-article (1) available through the Single

Information Point.

(5) If on the lapse of the fourteen days

period referred to in sub-article (2), the

information requested in accordance with the

provisions of this article is not provided, then an

aggrieved party may on the lapse of the aforesaid

fourteen days, refer a dispute it may have in

connection with the rights and obligations under

this article, to the Dispute Resolution Board

which shall in determining any dispute referred

to it in accordance with this article, taking full

account of the principle of proportionality, issue

a binding decision to resolve the dispute raised,

including the setting of fair and non-

discriminatory terms and conditions and charges

where appropriate

Provided that the Board shall resolve any

dispute referred to it in accordance with this

article within the shortest possible time frame

and in any case within two months from the date

of the receipt of the complete request except in

exceptional circumstances in accordance with

article 32, without prejudice to the possibility of

any party to refer the case to court.

(6) The competent authority for permit

granting following consultation in writing with

the competent utility regulator or regulators as

the case may be and with any public sector body

or bodies as it may consider necessary, provide

for exemptions from the obligations in this

article for civil works of insignificant value or in

the case of critical national infrastructure. In

doing so it shall give its reasons in writing and

shall before taking a final decision, give any

interested parties the opportunity to make any

written submissions on the draft exemptions

within such reasonable time as it may establish.

18. (1) All

relevant

information

Permit-granting

procedure.

concerning the conditions and procedures

applicable for granting permits for civil works

needed with a view to deploying elements of

high-speed

electronic

communications

networks, including any information concerning

exemptions applicable to such elements as

regards some or all permits required under

national law, shall be available through the

Single Information Point.

(2) An undertaking may by electronic

means through the Single Information Point,

submit applications for permits required for civil

works which are needed with a view to

deploying elements of high-speed electronic

communications networks.

(3) The competent authority for permit

granting shall grant or refuse a permit within

four months from the date of the receipt of a

complete permit request, without prejudice to

other specific deadlines or obligations laid down

for the proper conduct of the procedure which

are applicable to the permit granting procedure

in accordance with national or European Union

law or of dispute resolution or litigation

proceedings however so described

Provided that any refusal shall be duly

justified on the basis of objective, transparent,

non-discriminatory and proportionate criteria

Provided further that exceptionally in duly

justified cases, the deadline may be extended,

which extension shall be the shortest possible in

order to grant or refuse the permit.

(4) An undertaking which has suffered

damages as a result of non-compliance with

deadlines under this article has the right to seek

compensation in accordance with the applicable

national legislation.

(1) The functions of the Single

Single

Information

Information Point under this Act shall be

Point.

performed by the competent infrastructure

regulator.

(2) Any person who, in accordance with

this Act, is required to provide any information

however so described, shall ensure that such

information is provided to the Single

Information Point in a timely manner and in

accordance with any time frames established in

accordance with this Act, or in the absence of

such time frames within such time frames as the

Single Information Point may reasonably

establish.

(3) Any person who acts in breach of any

requirement under this Part in so far as it relates

to the provision of any information to the Single

Information Point shall be liable to an

administrative fine not exceeding ten thousand

euro (€10,000) and, or to a daily administrative

fine not exceeding five hundred euro (€500).

(1) Where applicable any person or

Notification of

Commission

body who grants an exemption in accordance

when granting

exemptions.

with the provisions of this Part, shall forthwith

in writing inform the Utilities Committee of the

granting of such an exemption and where

applicable any public sector body.

(2) The Utilities Committee shall notify

the European Commission of any exemptions

granted in accordance with the provisions of this

Act.

In the event of conflict the provisions

Provisions of

the Electronic

of the Electronic Communications (Regulation)

Communi-

cations

Act and of any regulations listed under the Third

(Regulation)

Schedule shall prevail over any of the provisions

Act, etc., to

prevail.

of this Part

Provided that the Minister responsible for

electronic communications may, from time to

time by notice in the Gazette, amend the list of

regulations stated in the aforesaid Schedule.

(1) There shall be a body to be

Establishment

and role of the

known as the Utilities Services Advisory

Utilities

Services

Committee, which body shall be appointed by

Advisory

the Minister responsible for infrastructure for a

Committee.

term, which may be renewed, of not less than

one year and not more than three years, which

body shall be composed of

(a)

a chairman chosen by the

Minister responsible for infrastructure

from among persons with expertise of

infrastructure utility sharing;

(b) a representative of each utility

regulator appointed by the respective

utility regulator as may from time to time

be listed in the Second Schedule;

(c) a representative from any other

government body that the Minister

responsible for infrastructure may consider

as being relevant;

(d) at least one person with proven

expertise in utility infrastructure sharing.

(2) The Utilities Committee shall

perform any function that it may be required to

undertake in accordance with this Act,

including

(a)

the making of guidelines on

any aspect regulated by this Act in so far as

such

guidelines

relate

to

utility

infrastructure access and, or the

determination of any disputes related

thereto including but not limited to

guidelines

(i) on the criteria for refusal

of access to physical infrastructure;

(ii) on

the

format

of

information

requirements

for

requests to access a utility

infrastructure;

(iii) on the format of the

provision of information on the

physical infrastructure of a network

operator to the Single Information

Point;

(iv) on

the

minimum

information, if any, to be provided

because of the security of the

networks or their integrity, or

because of national security, public

health or safety, confidentiality or

commercially

sensitive

information;

(v) to assist any adjudicative

or regulatory body in determining

any disputes however so described

as may be referred to that body for

determination under this Act;

(b) advising on the making of rules

on the apportioning of the costs related to

the coordination of civil works;

(c)

advising on the making of rules

with regard to infrastructure access charges

and, or technical aspects in relation to such

infrastructure access;

(d) where applicable dealing with

requests for exemptions made under this

Act; and

(e)

such other tasks as the Minister

for infrastructure in line with the purposes

of this Act may assign to it.

(3) Nothing in this article shall be

construed as precluding any public sector body

from the making of any guidelines or rules

however so described with respect to any

matters referred to in sub-article (2) in so far as

such guidelines or rules relate to the networks or

services regulated by the public sector body

concerned

Provided that such guidelines or rules

shall, once issued, be communicated to any such

other public sector bodies which the issuing

public sector body considers has an interest in

knowing about the issue of such guidelines or

rules in that these may impact the regulatory

work of such other public sector bodies.

PART IV

Utilities Networks Dispute Resolution Board

There shall be a dispute resolution

Appointment

of the Utilities

board to be known as the Utilities Networks

Networks

Dispute

Dispute Resolution Board which Board shall

Resolution

exercise and perform the functions assigned to it

Board.

by this Act and by any other law.

(1) The Dispute Resolution Board

Composition of

the Utilities

shall be composed of a President, who shall be a

Networks

Dispute

judge or an ex-judge or a magistrate or an ex-

Resolution

magistrate appointed by the President of Malta

Board.

acting on the advice of the Prime Minister, and

two members selected by the President of the

Board from a panel of ordinary members

Provided that if the President is an ex-judge

or an ex-magistrate his appointment shall be for a

term of five years and he shall vacate his office

at the expiration of the term of the said

appointment.

(2) There shall be a panel of six ordinary

members, all with at least ten years relevant

experience, appointed by the President of Malta

acting on the advice of the Prime Minister, from

amongst persons having relevant qualifications

in any one or more of the fields of expertise

related to the matters regulated by this Act or

that may from to time to time be referred to the

Board for resolution.

(3) In selecting the two ordinary

members to sit on the Board under sub-article

(1), the President shall take due account of the

nature of the case and the market concerned.

(4) The ordinary members of the Board

shall be appointed for a term of five years which

term of office may be renewed for one other term

of up to five years.

(5) The ordinary members of the Dispute

Resolution Board may resign their office by a

letter addressed to the President of Malta. The

resignation shall take effect when the letter

signifying the resignation is received by the

President of Malta or by any person authorized

by him.

(6) An ordinary member of the Dispute

Resolution Board may not be removed from

office except by the President of Malta acting on

the advice of the Prime Minister on the ground

of proved inability to perform the functions of

his office whether arising from infirmity of body

or mind or any other cause, or proved

misbehaviour.

(7) Notice of all appointments to the

Dispute Resolution Board and of all other

changes in its membership shall be published in

the Gazette.

(8) The Dispute Resolution Board shall

be independent from all parties to the dispute in

the performance of its functions, and the

members thereof in the exercise of their

functions shall act on their own individual

judgment and shall not be subject to the

direction or control of any person or authority.

(9) The ordinary members of the Dispute

Resolution Board shall not be precluded from

the exercise of their respective professions.

(10) The ordinary members of the Dispute

Resolution

Board

shall

receive

such

remuneration established in accordance with the

Fourth Schedule, which remuneration shall not

be altered during the tenure of their appointment

to their disadvantage

Provided that the said Schedule may from

time to time be varied by the Prime Minister

Provided

further

that

any

such

remuneration shall be paid out of the

Consolidated Fund without the necessity of any

further appropriation.

(11) A person shall not be qualified to be

appointed or remain an ordinary member of the

Dispute Resolution Board if

(a)

he has been declared an

undischarged bankrupt; or

(b) he has been sentenced to

imprisonment for six months or more by

any court; or

(c)

he has been found guilty of any

offence against this Act, any law relating

to the regulation of any utility service or

any regulations made under this Act or any

such laws; or

(d) he is a Member of the House of

Representatives or of the European

Parliament or of a Local Council.

(12) An ordinary member of the Dispute

Resolution

Board

shall,

before

the

commencement of any case, declare any interest

he may have in the proceedings and the

President shall, where he considers that such

interest may prejudice the independence of the

member concerned, appoint another member

from the panel.

(13) Where proceedings have commenced

and no final decision has yet been delivered and

the member has ceased to be a member thereof

or for any other reason is unable to perform the

functions of his office, the President may elect to

appoint another member from the panel in his

stead, and should it be strictly necessary for the

proper determination of the dispute recommence

proceedings, or continue to hear the dispute with

only one ordinary member

Provided that where the term of

appointment has expired and the ordinary

member has not been reappointed, the ordinary

member shall continue to hear the dispute until it

is concluded.

(14) The President where he is an ex-judge

or ex-magistrate and the ordinary members of the

Dispute Resolution Board, shall, during their term

of office, act with integrity and not engage in

any activity which would harm the proper

administration of justice or which, due to

knowledge gained from business secrets or other

confidential information during the tenure of

their office, would give rise to conflict of

interest and harm the interests of any parties to

the proceedings before the Board. Any person

who acts in contravention of this sub-article

shall be guilty of an offence against this Act and

shall on conviction be liable to a fine (multa) of

not less than five thousand euro (€5,000) and not

more than twenty fifty thousand euro (€25,000),

and the court may, in addition, award the

punishment of temporary or perpetual general

interdiction from occupying any public office.

(1) Upon taking cognizance of a

Conduct of

proceedings

dispute, the Dispute Resolution Board shall

and

determination

notify the parties concerned of the matter under

of disputes.

dispute, allowing them such reasonable time as

may be determined by the Board to produce

relevant information and to make their

representations.

(2) The Dispute Resolution Board shall

in all instances endeavour to determine any

dispute referred to it within the shortest possible

time, and in any case in accordance with the

specific time frames established under this Act

or under any other applicable law under which it

may be empowered to determine disputes

Provided that it shall be at the discretion of

the Board on how it shall conduct proceedings

before it. In particular the Board may, if it

considers it appropriate in the circumstances,

determine a dispute only on the basis of such

written submissions and documentation as it

may require, and it shall be at its discretion to

determine whether oral hearings and, or on site

visits are necessary

Provided further that the Board shall in all

instances abide with the principles of natural

justice.

(3) The Dispute Resolution Board shall,

after examining the facts and any representations

submitted to it and such other information as it

may require, determine the dispute.

(4) The Dispute Resolution Board may

at its discretion whether of its own initiative or

following a request of a party to the dispute if it

considers such a request as being reasonable

given the specific circumstances of the dispute,

assist the parties in arriving at an amicable

settlement on all or some of the issues in dispute

before proceeding or continuing with the

determination of the dispute

Provided that in doing so the Board shall in

all instances factor the need to settle the dispute

in the shortest time possible and any negative

impact that a party may suffer if there is a delay

in resolving the dispute

Provided further that an aggrieved party

shall before making a dispute under this Part,

where feasible, endeavour to settle any such

dispute by seeking the mediation of the

competent utility or infrastructure regulator or

regulators as the case may be.

(1) The Registrar of Courts or any

Registry of the

Dispute

other person acting in his stead or on his behalf

Resolution

Board.

in accordance with the Code of Organization and

Civil Procedure shall be the Registrar of the

Dispute Resolution Board appointed in

accordance with this Part.

(2) All acts brought before the Dispute

Resolution Board shall be kept in the Registry of

the Inferior Courts which shall be the registry of

the Board.

(3) The Minister responsible for justice

may by regulations under this Act establish

(a)

the fees that may be due to the

Registry of the Dispute Resolution Board;

(b) the fees that may be due to

advocates, legal procurators and other

persons representing the parties appearing

before the Board; and

(c) the fees that may be due to

experts appearing before the Board

Provided that until fees are prescribed by

the Minister responsible for justice under

paragraphs (a) to (c), the fees established in the

Code of Organization and Civil Procedure shall

apply.

(4) The Registry of the Dispute

Resolution Board shall, where applicable, keep

both a non-confidential version, and where

applicable when directed by the Board a

confidential version of the records of each

dispute referred to the Board.

(5) The records of the Dispute

Resolution Board shall be accessible to all

persons, and copies shall be given on payment of

the prescribed fee to any person on request

Provided that due regard shall be had to the

protection of any confidential information and

business secrets.

(6) All acts shall be filed, issued and

served in accordance with the provisions of the

Code of Organization and Civil Procedure,

subject to any rules made under this Act, or

regulations made thereunder or unless the

Minister responsible for justice shall by

regulation otherwise prescribe.

(1) The Registrar shall provide the

Personnel and

sittings of the

necessary personnel for the holding of sittings of

Dispute

Resolution

the Dispute Resolution Board. The officials so

Board.

designated shall, in execution of their duties,

enjoy and exercise all such powers as are vested

by the Code of Organization and Civil Procedure

in officials performing similar duties.

(2) The sittings of the Dispute

Resolution Board shall, where applicable be held

on such days and at such times as shall be fixed

by the President in the building of the Courts in

Malta and, or in Gozo or in any such other place

in Malta and, or in Gozo as the President may

consider appropriate in the circumstances.

(1) The Dispute Resolution Board

Power to make

regulations

shall have the powers and shall follow the

relating to the

procedure to be

procedures laid out in the provisions of this Act

followed before

and any regulations made thereunder.

the Dispute

Resolution

(2) The Minister responsible for justice

Board.

may make rules not inconsistent with this Act,

and any regulations made thereunder,

prescribing the procedures and the forms to be

followed and used before the Dispute Resolution

Board.

(3) In the absence of provisions or rules

as aforesaid, the Dispute Resolution Board shall

regulate its own procedures.

(1) The Dispute Resolution Board,

Dispute

Resolution

in determining any dispute referred to it, may

Board may

appoint experts

(a)

require any public sector body

or require input

from public

to provide any information or submit any

sector bodies

report which the Board considers may be

and power to

summon

necessary to assist it in determining the

witnesses.

said dispute; and, or

(b) appoint a qualified expert in

any areas falling within the remit of the

Board, to report to the Board on any aspect

of any dispute referred to the Board

Provided that the Board in requiring any

such information and, or any such report, shall

establish such time frames and such conditions

as it may consider reasonable in the

circumstances, including in the case of any such

report as it may require in accordance with this

article, the matters in relation to which it is

seeking input from the said body or expert.

(2) The Dispute Resolution Board may,

through its President, summon any person to

appear before it and give evidence and produce

documents, and the President shall have the

power to administer the oath.

(1) Any party to a dispute referred

Right of appeal

to the Court of

to the Dispute Resolution Board who feels

Appeal.

aggrieved with any decision given by the Board

following its determination of any dispute

referred to it may on a point of law contest such

a decision before the Court of Appeal (Inferior

Jurisdiction) as constituted in accordance with

article 41(6) of the Code of Organization and

Civil Procedure by means of an application filed

in the registry of that court within twenty days

from the date of the decision of the Dispute

Resolution Board.

(2) The Minister responsible for justice

may by regulations under this sub-article

establish the fees payable in the registry of the

court in relation to the filing of judicial acts in

connection with appeals under this article

Provided that until such fees are so

established, the fees in Schedule A to the Code

of Organization and Civil Procedure shall apply.

(1) The decision of the Dispute

Decision, if

appealed, to

Resolution Board pending an appeal before the

stand unless

Court of

Court of Appeal (Inferior Jurisdiction) shall

Appeal decides

stand and shall be adhered to by all the parties to

otherwise.

whom the decision applies.

(2) The Court of Appeal (Inferior

Jurisdiction), 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 Court of Appeal (Inferior Jurisdiction) 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

Court of Appeal (Inferior Jurisdiction) 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 Court of Appeal

(Inferior Jurisdiction) in determining any such

application may include such conditions as it

considers necessary in the circumstances.

In those instances where the Act

Time frame to

determine a

establishes that the maximum time frames for

dispute may be

extended in

the resolution of a dispute referred to the

exceptional

Dispute Resolution Board may in exceptional

circumstances.

circumstances be extended and the Board

decides to extend the time frame, the Board shall

in writing notify all the parties to the dispute

accordingly, stating the reasons why the time

frame is being extended, the period of extension

and when it envisages that the dispute shall be

determined.

The right to refer a dispute under this

Right to seek

civil redress

Act to the Dispute Resolution Board shall be

before the

ordinary courts.

without prejudice to civil redress, including

claims for any damages suffered, that a party

may be entitled to seek at law before the

ordinary courts.

(1) The Dispute Resolution Board

Powers of the

Dispute

shall have all such powers as are, by the Code of

Resolution

Board.

Organization and Civil Procedure vested in the

First Hall of the Civil Court.

(2) The enforcement of the decisions of

the Dispute Resolution Board, in the manner

provided for in the Code of Organization and

Civil Procedure, shall vest in the Board itself.

(3) In giving a decision in relation to a

dispute under Part III of this Act, the Dispute

Resolution Board may, where it considers that a

party to the dispute has in a frivolous or

vexatious manner failed to comply with a

requirement under this Part, request the

competent utility regulator to take such

measures as that regulator may, in accordance

with its powers at law, consider appropriate in

the circumstances, including the imposition of

administrative fines

Provided that in deciding on what

measures, if any, to take, the competent

regulator shall consider if any such act or

omission has impacted negatively on the cost of

deployment of the high speed electronic

communications networks.

Any person who files a dispute

Notification of

disputes, etc.,

before the Dispute Resolution Board or an

to the

competent

appeal from a decision given by the Board

infrastructure

before the Court of Appeal (Inferior

regulator and

to the Malta

Jurisdiction), shall forthwith notify in writing

Communica-

tions

the competent infrastructure regulator and the

Authority.

Malta Communications Authority with such

dispute or appeal as the case may be.

(1) A party may in writing request

Compliance

with decisions

the Malta Communications Authority to take

issued by the

Dispute

such measures as the Authority in accordance

Resolution

with its powers at law may consider appropriate,

Board.

to ensure that a decision issued by the Dispute

Resolution Board is complied with

Provided that in doing so the party

concerned shall state its reasons why it considers

it necessary that the Authority should intervene

to ensure compliance

Provided further that any such request may

only be submitted if the aggrieved party

demonstrates to the satisfaction of the Authority

that continued non-compliance with the decision

may impact negatively on its provision of

electronic communications services and, or

networks.

(2) The

Malta

Communications

Authority may of its own initiative undertake

any such measures in accordance with its powers

at law if it considers that the continued non-

compliance of a decision issued by the Dispute

Resolution Board is impacting negatively on the

provision of electronic communications services

and, or networks in Malta.

PART V

Miscellaneous

(1) Unless otherwise provided in

Power to make

regulations.

this Act the Minister responsible for

infrastructure may, of his initiative or where he

considers necessary after consultation with any

other Minister or Ministers responsible for other

public sector bodies, make, vary or revoke any

regulations in relation to any matters dealt with

under this Act or required for the carrying into

effect of this Act including but not limited to the

following

(a)

any matter relating to rights of

way including fees that may be charged for

such rights; and, or

(b) for the manner in which any

trench, pit, pole, stay, bracket or other

essential accessory in connection with

fixed electrical power and, or electronic

communications network in Malta shall be

cut, placed, erected or fixed and generally

for the proper working of any such

networks however so described.

(2) Any

person

who

acts

in

contravention of any regulations made under this

article shall be liable to a fine (multa) not

exceeding ten thousand euro (€10,000).

Unless otherwise provided in this Act

Service of

notice.

any service of notice however so described to be

given to any person in accordance with this Act

shall be addressed to that person and shall be

given to the person concerned in any of the

following ways

(a)

by delivering it to the person;

(b) by leaving it at the address at

which the person ordinarily resides or

carries on business;

(c)

by sending it by registered post

to the person at the address at which the

person ordinarily resides or carries on

business;

(d) if an address for the service of

notices has been provided by the person,

by leaving it at, or sending it by registered

post addressed to the person to that

address;

(e)

in any case where the

immediate giving of the notice is required,

by sending it, by means of a facsimile

machine or by electronic mail, to a device

or facility for the reception of facsimiles or

electronic mail located at the address at

which the person ordinarily resides or

carries on business or, if an address for the

service of notices has been furnished by

the person, that address, provided that the

facsimile machine of the sender generates

a

message

confirming

successful

transmission of the total number of pages

of the notice or the facility of the sender

for the reception of electronic mail

generates a message confirming receipt of

the electronic mail

Provided that the provisions of this

paragraph shall not apply to the

notification of documents filed before the

Tribunal, the Dispute Resolution Board or

any Court however so described.

The Minister may, where appropriate,

Minister may

vary certain

on the advice of or after consultation with the

time frames in

Part III.

competent infrastructure regulator or regulators

and, or with the competent utility regulator or

regulators, by legal notice lessen the time frames

stated in the article 14(3), article 15(2) or article

15(4)

Provided that before doing so the Minister

shall undertake a public consultation and

consider any such submissions as may be made

in the course of such a consultation.".

19. Immediately after article 39, as added to the principal Act,

there shall be added the following new schedules

"FIRST SCHEDULE

(Article 2)

In accordance with provisions of article 2 of this Act, within the

context of the definition of the words "competent infrastructure

regulator" the following public sector body is designated a

"competent infrastructure regulator"

The Authority for Transport in Malta ("TM").