ACT No. LII of 2021 AN ACT to amend various laws relating to communications and to make provision with respect to matters ancillary thereto or connected therewith.

I assent.

(L.S.)

GEORGE VELLA

President

27th July, 2021

ACT No. LII of 2021

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

commencement.

(Amendment No. 2) Act, 2021.

(2) Unless otherwise provided in this Act, 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.

(3) The scope of this Act is to amend various laws relating to the

communications sectors so as to transpose certain provisions of

Directive (EU) 2018/1972 establishing the European Electronic

Communications Code and to address other matters concerning other

sectors regulated by the Malta Communications Authority.

PART I

AMENDMENTS TO THE UTILITIES AND SERVICES

(REGULATION OF CERTAIN WORKS) ACT

(1) This Part amends the Utilities and Services (Regulation Amendments to

of Certain Works) Act and it shall be read and construed as one with the

Services

the Utilities and Services (Regulation of Certain Works) Act, (Regulation

Certain Works)

hereinafter in this Part referred to as "the principal Act".

Act.

(2) This Part 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 so appointed for different provisions and

different purposes thereof.

Article 2 of the principal Act shall be amended as follows

Amendment of

article 2 of the

principal Act.

(a) immediately after the definition "access point" there

shall be added the following new definitions

" "associated facilities" means associated services,

physical infrastructures and other facilities or elements

associated with a network or a utility service, which enable

or support the provision of services through that network or

service, or have the potential to do so, and include

buildings or entries to buildings, building wiring, antennae,

towers and other supporting constructions, ducts, conduits,

masts, manholes and cabinets;

"associated service" means a service associated with

a network or a utility service which enables or supports the

provision, self-provision or automated-provision of

services through that network or service, or has the

potential to do so, and includes number translation or

systems offering equivalent functionality, conditional

access systems and electronic programme guides (EPGs)

as well as other services such as identity, location and

presence service;";

(b) immediately after the definition "energy" there shall

be added the following new definition

" "facilities" includes the placing of cables and

wires or other works carried out either below, above, by

the side of or in any building, entry to or common parts

of any building or tenement and any trenches, pits, poles,

stays, brackets and all other accessories essential to the

proper working of the networks to be cut, placed, erected

in or affixed to or within any building, entry to or

common area of any building or any tenement however

so described;";

(c) in

the

definition

"high-speed

electronic

communications network" the words "may by notice in the

Gazette vary such speeds;" shall be substituted by the words

"may by notice in the Gazette amend this definition to increase

such speeds;";

(d) in the definition "in-building physical infrastructure"

the words "end-user’s location" shall be substituted by the words

"location of the end-user";

(e) in the definition "major renovation works" the words

"end-user’s location" shall be substituted by the words "location

of the end-user"; and

(f) immediately after the definition "network operator"

there shall be added the following new definition

" "network termination point’’ unless the context

otherwise requires, has the same meaning as defined

under article 2 of the Electronic Communications

(Regulation) Act;".

Article 4 of the principal Act shall be substituted by the

following

"4. (1) For the purposes of this Act, it shall be lawful

for the competent infrastructure regulator, either of its own

initiative or on the application of a network operator made in

accordance with this Part, to order the installation of facilities

on, over or under public or private property. Any such order shall

be notified by the aforesaid regulator to the owner of the said

tenement at least ten days prior to the carrying out of any of the

works aforesaid.

(2) The competent infrastructure regulator shall consider

and decide an application by a network operator for the granting

of rights to install facilities on, over or under public or private

property in accordance with the applicable provisions of this

Part.

(3) Where public or local authorities retain ownership or

control of undertakings providing any utility services and, or

networks, there shall be in place an effective structural

separation of the function responsible for granting the rights

referred to in sub-article (2) from the activities associated with

ownership or control.".

Article 4A of the principal Act shall be amended as follows

Amendment of

article 4A of the

principal Act.

(a) sub-articles (1) and (2) thereof shall be substituted by

the following

"(1) Where a network operator has exercised the

right under national law to install facilities on, over or

under public or private property, or has taken advantage

of a procedure under national law for the expropriation

or use of property, the competent infrastructure regulator

may order the collocation, use or sharing of network

elements and, or facilities on, over or under public or

private property in relation to any cables, wires, physical

infrastructure or associated facilities 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.

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

only in those specific areas where the competent

infrastructure regulator considers that the issue of such an

order is necessary 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

(a) order the taking of such measures as it

may consider necessary to facilitate the coordination

of public works; and

(b) provide for rules of apportioning the costs

of facility or property sharing.";

(b) sub-articles (3) and (4) thereof shall be renumbered

as sub-articles (4) and (5) and immediately after sub-article (2)

thereof there shall be added the following new sub-article

"(3) 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 an

undertaking providing an utility service or network, or of

a competent utility regulator who considers the issue of

such an order necessary for the provision of a utility

service. Before deciding whether to issue such an order,

the competent infrastructure regulator shall conduct a

public consultation during which all interested parties,

including where applicable the competent utility

regulator or regulators as the case may be, are afforded

such reasonable opportunity as the competent

infrastructure regulator considers appropriate in the

circumstances, to express their views in writing."; and

(c) in sub-article (4) thereof, as renumbered, the words

"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." shall be substituted by

the words "Provided 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

adjudicative forum contesting a final decision issued by that

Board on any such dispute lodged before it.".

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

following

"4D. (1) The competent infrastructure regulator in the

exercise of its functions under this Act shall

(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 six months from the date of an

application made in accordance with the provisions of this

Part, except in the case of expropriation;

(b) follow the principles of transparency and non-

discrimination in attaching conditions to any rights it may

grant to a network operator or a utility service provider as

the case may be; and

(c)

give reasons for its decisions

Provided that the competent infrastructure

regulator shall, in relation to amendments that it may

consider making to any rights, conditions and procedures

relating to works carried out in accordance with this Part,

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.

(2) 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.

(3) The competent infrastructure regulator may require

any person to provide it with any information which it considers

to be necessary for the performance of its tasks under this Part.".

In article 4E of the principal Act the words "A person or a Amendment of

competent utility regulator aggrieved by any regulatory decision" shall article

principal Act.

be substituted by the words "Unless provided otherwise in this Act, a

person or a competent utility regulator aggrieved by any regulatory

decision".

Part IV and Part V of the principal Act shall be renumbered as Addition of a

Part V and Part VI and immediately after article 21 of the principal Act new

the principal

there shall be added the following new heading

Act.

"PART IV

Utilities Services Advisory Committee".

Immediately after sub-article (4) of article 25 of the principal Amendment of

article 25 of the

Act there shall be added the following new sub-articles

principal Act

"(5) A party in filing a dispute before the Disputes

Resolution Board shall ensure that the application submitting the

dispute to the Board contains the following

(a)

a clear and correct statement of the subject-

matter and the cause or causes giving rise to the dispute;

(b) a clear and detailed statement of the facts of

which the party filing the dispute may be aware of;

(c) a copy of all the relevant documentation in

support of the dispute being made; and

(d) the remedy being requested from the Disputes

Resolution Board.

(6) The Disputes Resolution Board shall within two

working days of receipt of the application submitting the dispute,

notify the party against whom the dispute has been made, with a

copy of the application, giving the said party such time as the

Board may consider reasonable to file a written response, which

time shall not in any case exceed twenty days.

(7) A party in replying to a dispute made against it shall

in the first instance state whether it is contesting some or all of

the claims stated in the application. If the said party is contesting

some or all of the claims, it shall then submit a written response

to the Disputes Resolution Board which shall include the

following

(a) any such pleas as would be taken to be waived

if not raised before the contestation of the dispute;

(b) a clear and correct statement of the pleas on the

merits of the claims in dispute;

(c) a clear and detailed statement of facts of which

the party replying to the dispute is aware of, denying,

admitting or explaining the circumstances of fact set out in

the dispute; and

(d) a copy of any relevant documentation in

support of its response

Provided that the Dispute Resolution Board

shall within three working days of receipt of this response

notify the party making the dispute with the same.".

After article 32 of the principal Act there shall be added the

following new article

A party which intends to refer a dispute to the

Dispute Resolution Board in accordance with this Act

must be submitted.

or any other law, under which a dispute may be referred

to the aforesaid Board, shall submit its dispute to the

Board within one year from when the cause giving rise

to the dispute arose. Failure to do so within such a

period, shall render the reference of any such dispute to

the Board null and void.".

11. In article 39 of the principal Act the words "The Minister Amendment of

may" shall be substituted by the words "The Minister responsible for article

principal Act.

infrastructure, may".

PART II

AMENDMENTS TO THE ELECTRONIC

COMMUNICATIONS (REGULATION) ACT

12. (1) This Part amends the Electronic Communications Amendments to

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

Communic-

Electronic Communications (Regulation) Act, hereinafter in this Part ations

(Regulation)

referred to as "the principal Act".

Act,

(2) This Part 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 thereof.

13. In the principal Act the following words, wherever they General

amendment to

occur, shall be substituted as follows

the principal

Act.

(a) in the Maltese version of the principal Act, the word

"dħul" with the word "aċċess";

(b) the words "disabled end-user" with the words "end-

user with disability"; and

(c) the words "radio frequencies" with the words "radio

spectrum".

14. Article 2 of the principal Act shall be amended as follows

Amendment of

article 2 of the

principal Act.

(a) the definition "access" shall be substituted by the

following

" "access" means the making available of facilities

and, or services, to another undertaking, under defined

conditions, on either an exclusive or a non-exclusive basis,

for the purpose of providing electronic communications

services including when they are used for the delivery of

information society services or broadcast content services.

It covers, inter alia, access to

(a) network

elements and

associated

facilities, which may involve the connection of

equipment, by fixed or non-fixed means (in particular

this includes access to the local loop and to facilities

and services necessary to provide services over the

local loop);

(b) physical

infrastructure

including

buildings, ducts and masts;

(c) relevant software

systems

including

operational support systems;

(d) information systems or databases for pre-

ordering, provisioning, ordering, maintaining and

repair requests, and billing;

(e) number translation or systems offering

equivalent functionality;

(f) fixed and mobile networks, in particular

for roaming; and

(g) conditional access systems for digital

television services and access to virtual network

services;";

(b)

the definition "Access Directive" shall be deleted;

(c) the definition "associated

services"

shall

be

substituted by the following

" "associated service" means a service associated

with an electronic communications network and, or an

electronic communications service which enables and, or

supports the provision, self-provision or automated-

provision of services through that network and, or service,

or has the potential to do so and includes number

translation or systems offering equivalent functionality,

conditional access systems and electronic programme

guides (EPGs), as well as other services such as identity,

location and presence service;";

(d) the definitions "Authorisation

Directive"

and

"authorised undertaking" shall be deleted;

(e) the definition "BEREC" shall be substituted by the

following

" "BEREC" means the Body of European Regulators

for Electronic Communications established by Regulation

(EU) 2018/1071 of the European Parliament and of the

Council of 11 December 2018 establishing the Body of

European Regulators for Electronic Communications

(BEREC) and the Agency for Support for BEREC

(BEREC Office);";

(f)

the definition "call" shall be deleted;

(g) in the definition "conditional access system" the

words "means any technical measure, and, or arrangement

whereby access" shall be substituted by the words "means any

technical measure, authentication system and, or arrangement

whereby access";

(h) in the definition "consumer" the words "business or

profession;" shall be substituted by the words "business, craft or

profession;";

(i) immediately after the definition "consumer" there

shall be added the following new definition

" "the Council" means the Council of the European

Union;";

(j) immediately after the definition "decision" there

shall be added the following new definitions

" "Decision No. 676/2002/EC" means Decision No.

676/2002/EC of the European Parliament and of the

Council of 7 March 2002 on a regulatory framework for

radio spectrum policy in the European Community (Radio

Spectrum Decision);

"Directive 2008/63/EC" means Directive 2008/63/

EC of 20 June 2008 on competition in the markets in

telecommunications terminal equipment;

"Electronic Communications Code" means the

Directive (EU) 2018/1972 of the European Parliament and

of the Council establishing the European Electronic

Communications Code;";

(k) the definitions "Directive on Privacy and Electronic

Communications" and "disabled end-users" shall be deleted;

(l) the definition "electronic communications network"

shall be substituted by the following

" "electronic communications network" means

transmission systems, whether or not based on a

permanent infrastructure or centralised administration

capacity, and, where applicable, switching or routing

equipment and other resources, including network

elements which are not active, which permit the

conveyance of signals by wire, by radio, by optical or by

other electromagnetic means, including satellite

networks, fixed (circuit-switched and packet-switched,

including Internet) and mobile networks, electricity

cable systems, to the extent that they are used for the

purpose of transmitting signals, networks used for radio

and television broadcasting, and cable television

networks, irrespective of the type of information

conveyed;";

(m) the definition "electronic communications service"

shall be substituted by the following

" "electronic communications service" means a

service normally provided for remuneration through

electronic

communications

networks,

which

encompasses, with the exception of services providing or

exercising editorial control over, content transmitted

using electronic communications networks and services,

the following types of services

(a) "internet access service" as defined in point (2)

of the second paragraph of Article 2 of Regulation (EU)

2015/2120;

(b)

interpersonal communications service; and

(c) services consisting wholly or mainly in the

conveyance of signals such as transmission services used

for the provision of machine-to-machine services and for

broadcasting;";

(n) immediately after the definition "electronic

communications service" there shall be added the following new

definitions

" "emergency

communication"

means

communications

by

means

of

interpersonal

communications services between an end-user and the

PSAP with the goal to request and receive emergency relief

from emergency services;

"emergency service" means a service, recognized as

such by the Government, that provides immediate and

rapid assistance in situations where there is, in particular, a

direct risk to life or limb, to individual or public health or

safety, to private or public property, or to the environment,

in accordance with national law;";

(o) in the definition "end-user" the words "public

communications networks" shall be substituted by the words

"public electronic communications networks";

(p) immediately after the definition "end-user" there

shall be added the following new definitions

" "end-users with disabilities" means persons with

disabilities as defined in the Equal Opportunities (Persons Cap. 413.

with Disability) Act, whose special needs as end-users are

either due to a disability or related to ageing;

"Frequency Plan" means the National Frequency

Allocation Plan as adopted by the Authority and published

in accordance with the provisions of this Act;";

(q) the

definitions

"European

Electronic

Communications Directives",

"exclusive

rights", and

"Framework Directive" shall be deleted;

(r) immediately

after

the

definition

"harmful

interference" there shall be added the following new definition

" "harmonised radio spectrum" means radio

spectrum for which harmonised conditions relating to its

availability and efficient use have been established by way

of technical implementing measures in accordance with

Article 4 of EU Decision No. 676/2002/EC (Radio

Spectrum Decision);";

(s) the definition "interconnection" shall be substituted

by the following

" "interconnection" means a specific type of access

implemented between public network operators by means

of the physical and logical linking of public electronic

communications networks used by the same or a different

undertaking in order to allow the users of one undertaking

to communicate with users of the same or another

undertaking, or to access services provided by another

undertaking where such services are provided by the

parties involved or other parties who have access to the

network;";

(t) immediately after the definition "interconnection"

there shall be added the following new definition

" "interpersonal communications service" means a

service normally provided for remuneration that enables

direct interpersonal and interactive exchange of

information via electronic communications networks

between a finite number of persons, whereby the persons

initiating or participating in the communication determine

its recipient(s), and does not include services which enable

interpersonal and interactive communication merely as a

minor ancillary feature that is intrinsically linked to

another service;";

(u) the definition "local loop" shall be substituted by the

following

" "local loop" means the physical path used by electronic

communications signals connecting the network termination

point to a distribution frame or equivalent facility in the fixed

public electronic communications network;";

(v) the definition "network termination point" shall be

substituted by the following

" "network termination point" means the physical

point at which an end-user is provided with access to a

public electronic communications network, and which in

the case of networks involving switching or routing is

identified by means of a specific network address, which

may be linked to a number or name of an end-user;";

(w) immediately after the definition "network

termination point" there shall be added the following new

definition

" "number-based interpersonal communications

service" means an interpersonal communications service

which connects with publicly assigned numbering

resources, namely a number or numbers in national or

international numbering plans, or which enables

communication with a number or numbers in national or

international numbering plans

Provided that the mere use of a number as an

identifier should not be considered to be equivalent to the

use of a number to connect with publicly assigned numbers

and should therefore, in itself, not be considered to be

sufficient to qualify a service as a number-based

interpersonal communication service;";

(x) in the definition "operator" the words "a public

communications network" shall be substituted by the words "a

public electronic communications network";

(y) the definition "provision of

an

electronic

communications network" shall be deleted;

(z) in the definition "public communications network"

the words "public communications network" shall be substituted

by the words "public electronic communications network";

(aa) the definition "public pay telephone" shall be

deleted;

(bb) immediately after the definition "public electronic

communications network" there shall be added the following

new definition

" "public safety answering point" or "PSAP" means

a physical location where an emergency communication is

first received under the responsibility of a public authority

or a private organisation recognized by the Government;";

(cc) the definition "publicly available telephone service"

shall be deleted;

(dd) immediately after the definition "publicly available

electronic communications service" there shall be added the

following new definitions

" "radio spectrum allocation" means the designation

of a given radio spectrum band for use by one or more

types of radio communications services, where

appropriate, under specified conditions;

"Regulation (EU) No. 531/2012" means 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 European Union;

"Regulation (EU) 2015/2120" means Regulation

(EU) 2015/2120 of the European Parliament and of the

Council of 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

European Union;

"RSPG" means the Radio Spectrum Policy Group

established by the European Commission Decision of 11

June 2019 setting up the Radio Spectrum Policy Group;";

(ee) immediately after the definition "satellite earth

station network" there shall be added the following new

definitions

" "security of networks and services" means the

ability of electronic communications networks and services

to resist, at a given level of confidence, any action that

compromises the availability, authenticity, integrity or

confidentiality of those networks and services, of stored or

transmitted or processed data, or of the related services

offered by, or accessible through, those electronic

communications networks or services;

"shared use of radio spectrum" means access by two

or more users to use the same radio spectrum bands under a

defined sharing arrangement, authorised on the basis of a

general authorization, individual rights of use for radio

spectrum or a combination thereof, including regulatory

approaches such as licensed shared access aiming to

facilitate the shared use of a radio spectrum band, subject

to a binding agreement of all parties involved, in

accordance with sharing rules as included in their rights of

use for radio spectrum in order to guarantee to all users

predictable and reliable sharing arrangements, and without

prejudice to the application of competition law;";

(ff) in the definition "significant market power" the

words "significant market power" shall be substituted by the

words "significant market power" or "SMP"";

(gg) the

definitions

"spectrum

allocation"

and

"subscriber" shall be deleted;

(hh) immediately after the definition "special rights" there

shall be added the following new definition

" "terminal equipment" means terminal equipment

as defined in point (1) of Article 1 of EU Commission

Directive 2008/63/EC;";

(ii)

the definition "Universal Service Directive" shall be

deleted;

(jj) immediately after the definition "user" there shall be

added the following new definitions

" "very high capacity network" means either an

electronic communications network which consists wholly

of optical fibre elements at least up to the distribution point

at the serving location, or an electronic communications

network which is capable of delivering, under usual peak-

time conditions, similar network performance in terms of

available downlink and uplink bandwidth, resilience, error-

related parameters, and latency and its variation

Provided that network performance can be

considered similar regardless of whether the end-user

experience varies due to the inherently different

characteristics of the medium by which the network

ultimately connects with the network termination point;

and

"voice communications service" means a publicly

available electronic communications service which uses

specifically assigned numbering resources from the

national numbering plan for originating and receiving,

directly or indirectly, national calls or national and

international calls through a number or numbers in a

national or international numbering plan. "Voice

communications service" is a subset of "number-based

interpersonal communications service." "; and

(kk) the definition "wide-screen television service" shall

be deleted.

15. Article 3 of the principal Act shall be amended as follows

(a) sub-articles (2) and (3) thereof shall be substituted by

the following

"(2) The Authority shall have a separate annual

budget which it shall implement autonomously, which

budget shall be made public. The Authority shall be

afforded adequate financial and human resources to carry

out its functions under this Act and under any other

applicable laws relating to electronic communications

which the Authority is entitled to enforce, including such

resources to enable the Authority to actively participate

in and contribute to BEREC and to any functions related

to international cooperation.

(3) In fulfilling its functions and duties under this

Act and under any other laws relating to electronic

communications which the Authority is entitled to enforce,

the Authority shall actively support the goals of BEREC of

promoting greater regulatory coordination and consistency

in the application of the Electronic Communications Code,

and shall also take the utmost account of the guidelines,

opinions, recommendations, common positions, best

practices and methodologies adopted by BEREC when the

Authority is adopting decisions for national markets.";

(b) in sub-article (4) thereof the words "Article 19 of the

Framework Directive" shall be substituted by the words "Article

38 of the Electronic Communications Code"; and

(c)

sub-article (5) thereof shall be deleted.

16. Article 4 of the principal Act shall be substituted by the

following

" Objectives of

4. (1) In the carrying out of its tasks at law, the

the Authority.

Authority shall, to the extent that it is empowered at law,

pursue and take the utmost account of each of the

following policy objectives

(a) promote connectivity and access to, and

take-up of, very high capacity networks, including

fixed, mobile and wireless networks, by all citizens

and businesses of the European Union;

(b) promote competition in the provision of

electronic communications networks and associated

facilities, including efficient infrastructure-based

competition, and in the provision of electronic

communications services and associated services;

(c) contribute to the development of the

internal market by removing remaining obstacles to,

and facilitating convergent conditions for,

investment in, and the provision of, electronic

communications

networks,

electronic

communications services, associated facilities and

associated services, throughout the European Union,

by developing common rules and predictable

regulatory approaches, by favouring the effective,

efficient and coordinated use of radio spectrum,

open innovation, the establishment and development

of trans-European networks, the provision,

availability and interoperability of pan-European

services, and end-to-end connectivity;

(d) promote the interests of the citizens of

the European Union, by ensuring connectivity and

the widespread availability and take-up of very high

capacity networks, including fixed, mobile and

wireless

networks,

and

of

electronic

communications services, by enabling maximum

benefits in terms of choice, price and quality on the

basis of effective competition, by maintaining the

security of networks and services, by ensuring a high

and common level of protection for end-users

through the necessary sector-specific rules and by

addressing the needs, such as affordable prices, of

specific social groups, in particular end-users with

disabilities, elderly end-users and end-users with

special social needs, and choice and equivalent

access for end-users with disabilities

Provided that where the European

Commission establishes benchmarks and reports on

the effectiveness of the measures taken by the

Authority towards achieving the objectives referred

to in this sub-article, the Authority shall, where

necessary, assist the European Commission.

(2) The Authority shall, in pursuit of the policy

objectives referred to in sub-article (1), inter alia

(a) promote regulatory predictability by

ensuring a consistent regulatory approach over

appropriate review periods and through cooperation

with other national regulatory and competent

authorities in other Member States, with BEREC,

with the RSPG and with the European Commission;

(b) ensure that, in similar circumstances,

there is no discrimination in the treatment of

providers of electronic communications networks

and services;

(c) apply national law and European Union

law in a technically neutral fashion, to the extent that

this is consistent with the achievement of the

objectives set out in sub-article (1);

(d) promote efficient investment and

innovation in new and enhanced infrastructures,

including by ensuring that any access obligation

takes appropriate account of the risk incurred by the

investing undertakings and by permitting various

cooperative arrangements between investors and

parties seeking access to diversify the risk of

investment, whilst ensuring that competition in the

market and the principle of non-discrimination are

preserved;

(e) take due account of the variety of

conditions relating to infrastructure, competition, the

circumstances of end-users and, in particular

consumers in the various geographic areas in Malta

including local infrastructure managed by natural

persons on a not-for-profit basis; and

(f) impose ex-ante regulatory obligations

only to the extent necessary to secure effective and

sustainable competition in the interest of end-users

and relax or lift such obligations as soon as that

condition is fulfilled.

(3) The Authority shall, in the performance of its

functions at law, act impartially, objectively, transparently

and in a non-discriminatory and proportionate manner.

(4) The Authority shall contribute to the development

of the internal market by working in a transparent manner

with the national regulatory authorities of other Member

States, the European Commission and BEREC, in order to

ensure the consistent application in all Member States of

the Electronic Communications Code. In doing so the

Authority shall, in particular, work with the European

Commission and BEREC to identify the types of

instruments and remedies best suited to address particular

types of situations in the market.".

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

added the following new article

4A. (1) The Authority shall cooperate with the

competent authorities in other Member States and with the

European Commission in the strategic planning and

harmonisation of the use of radio spectrum in the

European Union in accordance with European Union

policies for the establishment and functioning of the

internal market in electronic communications. In doing so

it shall take into consideration, inter alia, the economic,

safety, health, public interest, freedom of expression,

cultural, scientific, social and technical aspects of

European Union policies, as well as the various interests

of radio spectrum user communities, with the aim of

optimising the use of radio spectrum and avoiding harmful

interference.

(2) The Authority in cooperating with the competent

authorities in other Member States and with the European

Commission shall promote the coordination of radio

policy approaches in the European Union and, where

appropriate, harmonised conditions with regard to the

availability and efficient use of radio spectrum necessary

for the establishment and functioning of the internal

market in electronic communications.

(3) The Authority shall, through the RSPG, cooperate

with the competent authorities in other Member States and

with the European Commission in accordance with sub-

article (1), and upon their request with the European

Parliament and with the Council, in support of the

strategic planning and coordination of radio spectrum

policy approaches in the European Union, by

(a) developing best practices on radio

spectrum related matters, with a view to

implementing the Electronic Communications Code;

(b) facilitating the coordination between

Malta and other Member States with a view to

implementing the Electronic Communications Code

and other European Union law and to contributing to

the development of the internal market; and

(c) co-ordinating the approaches to the

assignment and authorisation of use of radio

spectrum and publishing reports or opinions on radio

spectrum related matters.".

18. Article 5 of the principal Act shall be amended as follows

(a) in sub-article (1) thereof the words "unless otherwise

stated in this Act." shall be substituted by the words "unless

otherwise stated in this Act or any other law."; and

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

following

"(3) The provisions of this Act shall be without prejudice

(a) obligations imposed by any other law in respect

of services provided using electronic communications

networks and services;

(b) measures taken at European Union or national

level, in accordance with European Union law, to pursue

general interest objectives in particular relating to the

protection of personal data and privacy, content regulation

and audiovisual policy;

(c) the operation of any other law relating to radio

and telecommunications terminal equipment;

(d) any action taken for public order and public

security purposes and for defence; or

(e) Regulations (EU) No. 531/2012 and (EU)

2015/2120 and the Radio Equipment Regulations.".

19. Immediately after article 5 of the principal Act there shall be

added the following new article

5A. (1) The Authority shall be responsible for

the following tasks

(a) implementing ex ante market

regulation, including the imposition of access and

interconnection obligations;

(b) ensuring the resolution of disputes

between undertakings;

(c) managing the general authorisation

framework;

(d)

developing the frequency plan;

(e) carrying

out

radio

spectrum

management and decisions, including matters

relating to market-shaping and competition

elements of processes related to the rights of use

for radio spectrum for electronic communications

networks and services;

(f) contributing to the protection of end-

user rights in the electronic communications

sector, in coordination, where relevant with other

competent authorities;

(g) developing and managing the national

numbering plan and the granting of rights of use

for all national numbering resources;

(h) assessing and monitoring closely

market-shaping and competition issues regarding

open internet access;

(i) ensuring the integrity and security of

public electronic communications networks and

publicly available electronic communications

service;

(j) assessing the unfair burden and

calculating the net cost of the provision of

universal service; and

(k) ensuring number portability between

providers of voice communications services.

(2) The performance of the tasks listed under sub-

article (1) shall be without prejudice to any other tasks

which the Authority is required to perform by law.

(3) The Authority shall publish in an easily

accessible form the tasks assigned to it under the

Electronic Communications Code and where

applicable those assigned to other competent

authorities, as well as any change thereof.".

20. Article 7 of the principal Act shall be amended as follows

(a) in the marginal note thereto the words "public

communications networks" shall be substituted by the words

"public electronic communications networks";

(b) the words "a public communications network" shall

be substituted by the words "a public electronic communications

network"; and

(c) in paragraph (a) thereof the words "an efficient

communications network;" shall be substituted by the words "an

efficient electronic communications network;".

21. Article 9 of the principal Act shall be substituted by the

" Market definition

9. The Authority shall, subject to any procedures

as may be prescribed under this Act and in accordance

with the principles of competition law, define relevant

markets appropriate to national circumstances, in

particular relevant geographic markets and it shall

carry out an analysis of such relevant markets.".

22. Article 10 of the principal Act shall be substituted by the

10. The Authority shall establish and manage the

national numbering plan for electronic communication

services, and shall control the allocation and

assignment of all national numbering resources.".

23. In sub-article (1) of article 11 of the principal Act the words

"the European Electronic Communications Directives" shall be

substituted by the words "the Electronic Communications Code".

24. Articles 12 and 12A of the principal Act shall be deleted.

25. Articles 14 to 21 of the principal Act shall be deleted.

Deletion of

articles 14 to 21

of the principal

Act.

26. Articles 23 and 24 of the principal Act shall be deleted.

Deletion of

articles 23 and

24 of the

principal Act.

27. Article 25 of the principal Act shall be amended as follows

Amendment of

article 25 of the

principal Act.

(a) the definition "protected service" in sub-article (1)

thereof shall be substituted by the following

" "protected service" means any of the following

services when provided against remuneration and on the

basis of conditional access

(a)

television programme services;

(b) radio broadcasting services including

radio programmes intended for reception by the

public, transmitted by wire or over the air, including

by satellite;

(c) information society services offered by

electronic means at a distance and at the individual

request of the recipient of the services; or

(d) the provision of conditional access to the

above services considered as a service in its own

right."; and

(b) in sub-article (2) thereof the words "twenty-three

thousand and two hundred and ninety euro (23,290)" shall be

substituted by the words "twenty-five thousand euro (€25,000)".

28. Article 26 of the principal Act shall be amended as follows

Amendment of

article 26 of the

principal Act.

(a) sub-articles (1) and (2) thereof shall be renumbered

as sub-articles (2) and (3) thereof; and immediately before sub-

article (2) as renumbered there shall be added the following new

sub-article

"(1) In this Part the words "general authorisation",

wherever they occur, shall be substituted by the words

"apparatus general authorisation".";

(b)

in sub-article (2) thereof as renumbered

(i) the definition "apparatus" shall be substituted

by the following

" "apparatus" or "equipment" means an

electrical or electronic product, which intentionally

emits and, or receives radio waves for the purpose of

radiocommunication and, or radiodetermination, or

an electrical or electronic product which must be

completed with an accessory, such as antenna, so as

to intentionally emit and, or receive radio waves for

the purpose of radiocommunication and, or

radiodetermination;";

(ii) immediately after the definition " "apparatus"

or "equipment" " there shall be added the following new

definition

" "apparatus general authorisation" means

the framework established by or under this Part

laying down the rights and obligations of persons

installing, making use of or dealing in any such

radiocommunications apparatus as the Authority

may from time to time in accordance with the

provisions of this Part by decision designate;";

(iii) the definition "general authorisation’’ shall be

deleted;

(iv) immediately after the definition "broadcast

receiving apparatus" there shall be added the following

new definition

" "installed" means radiocommunications

apparatus that is connected to a source of energy so

as to intentionally emit and, or receive radio

waves;";

(v) the definition "radiocommunications" shall be

substituted by the following

" "radiocommunications" means communica-

tions involving the transmission, emission and, or

reception by means of radio waves;";

(vi) in the definition "radiocommunications

individual licence" the words "in accordance with article

30 or article 32 as the case may be." shall be substituted by

the words "in accordance with article 30;" and

(vii)

immediately

after

the

definition

"radiocommunications individual licence" there shall be

added the following new definitions

" "radiodetermination"

means

the

determination of the position, velocity and, or other

characteristics of an object, or the obtaining of

information relating to these parameters, by means of

the propagation properties of radio waves; and

"radio waves" means electromagnetic waves of

frequencies arbitrarily lower than 3000 GHz,

propagated in space without artificial guide.".

29. Articles 27, 28 and 29 of the principal Act shall be deleted.

Deletion of

articles 27, 28

and 29 of the

principal Act.

30. Article 30 of the principal Act shall be substituted by the Substitution of

article 30 of the

principal Act.

30. (1) Unless otherwise provided by or under

this Part, no person shall, without a

radiocommunications individual licence given in

writing by the Authority, install or use an apparatus.

(2) A radiocommunications individual licence

granted under this article may be issued subject to such

terms, conditions and, or limitations as the Authority

may think fit, including in particular limitations as to

the apparatus which may be installed or used, the

places where, the purposes for which, the

circumstances in which and the persons by whom the

apparatus may be used, as may be established under

such a licence

Provided that any such licence may only be

issued if the prescribed fee is first received in full

Provided further that any such licence may be

revoked, or the terms, conditions or limitations thereof

varied by a notice in writing of the Authority served on

the holder of the individual licence or by a general

notice issued by the Authority, applicable to individual

licences of the class to which the individual licence in

question belongs, and made public.

(3) A radiocommunications individual licence

shall, unless previously revoked by the Authority,

continue to be in force for such period as may be

specified in the licence.".

31. Immediately after article 30 of the principal Act there shall be

added the following new articles

30A. (1) The Authority may by decision issue any

apparatus general authorisation. In doing so the

Authority shall establish any such terms and

conditions, including those of a technical nature, as it

may consider necessary, in particular to ensure the

efficient use of radio spectrum

Provided that the Authority may by decision

amend any such terms or conditions.

(2) In issuing or amending any apparatus general

authorisation the Authority shall first publish on its

website and, or any other means of communication, a

statement of the proposed apparatus general

authorisation or of any amendments thereto, giving any

interested parties the opportunity to comment on the

proposed apparatus general authorisation or

amendments thereto within a period the Authority

considers reasonable

Provided that the requirement for the

Authority to publish a statement of the proposed

apparatus general authorisation or of any amendments

thereto and to give any interested parties the

opportunity to comment on the proposed apparatus

general authorisation or amendments thereto shall not

apply where such amendments are strictly limited to

compliance with any international obligations of

Malta.

(3) The Authority shall ensure that any apparatus

general authorisations or amendments thereto are given

publicity.

30B. (1)

The Authority may require any person

who

(a) is using an apparatus in breach of any

of the provisions of this Part and, or of any

authorisation conditions as may be applicable to

that apparatus; or

(b) is using or allowing such apparatus to

be used for unauthorised frequencies,

to desist from the use of any such apparatus and,

or require such a person to deliver the apparatus

to the Authority

Provided that the Authority may seize and,

or retain any such apparatus and, or cause the use of

any such apparatus to be disabled or restricted in any

manner, under such conditions and for such period of

time as the Authority may specify where it results to

the Authority that such apparatus is being used in

breach of this Part or of any authorisation conditions

that may apply in relation to the said apparatus.

(2) Any expenses incurred by the Authority in

the exercise of its functions under this article

including in t he s eizure, retention, or s torage

however so described of the said apparatus, shall be

recoverable as a civil debt by the Authority from any

person acting in breach of this article.".

32. Article 31 of the principal Act shall be substituted by the Substitution of

article 31 of the

principal Act.

31. Unless otherwise provided in this Part, any

person who contravenes any of the provisions of this

Part, or of any regulations made thereunder, or who

acts in breach of any terms, conditions or limitations,

however so described, attached to an individual

licence or to an apparatus general authorisation, shall

be liable on conviction to a fine (multa) of not less

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

twenty five thousand euro (€25,000) in respect of

each apparatus, and upon the demand of the

prosecution, the Court may order the apparatus to be

forfeited and delivered to t he Authority to be

disposed of or stored, as the Authority may consider

appropriate in the circumstances

Provided that the Authority shall in such

instances recover as a civil debt any costs it may incur

in the disposal or storage however so described of any

such apparatus from the person found guilty.".

After article 31 of the principal Act there shall be added the

following new article

31A. (1) Radiocommunications apparatus shall

only be used in a manner so as to effectively use and

support the efficient use of radio spectrum in order to

avoid harmful interference.

(2) The Authority may authorise a public body

established at law to install or use

radiocommunications apparatus capable of causing

deliberate interference. Any such apparatus shall be

used exclusively to satisfy exigencies of defence,

public security requirements, including the securing or

maintaining security or good order and discipline in

correctional or detention institutions, however so

described

Provided that no such authorisation shall be

required in cases of manifest urgency which may cause

a threat to public security or public safety.

(3) An authorisation granted by the Authority

under this article shall not in any manner constitute

an authorisation to legally intercept communications.

(4) In granting an authorisation in accordance

with this article, the Authority shall establish any

technical and operational conditions which it deems

appropriate to safeguard the integrity of public

electronic communications networks and, or services,

including radiodetermination.

(5) An authorisation granted under this article

shall be in writing.".

Article 33 of the principal Act shall be amended as follows

(a) in the marginal thereto the words "of article 30" shall

be substituted by the words "of articles 30 and 30A"; and

(b) the words "Order in the Gazette" and "of article 30"

shall respectively be substituted by the words "order in the

Gazette" and "of articles 30 and 30A".

Article 34 of the principal Act shall be amended as follows

(a) paragraph (c) thereof shall be substituted by the

following

"(c) for any aspect relating to the use of

radiocommunications by aircrafts and ships, including

merchant ships, foreign warships and foreign military

aircraft;";

(b) in sub-paragraph (i) of paragraph (d) thereof the

words "a fine (multa) not exceeding ten thousand euro (€10,000),

or" shall be substituted by the words "a fine (multa) not

exceeding twenty five thousand euro (€25,000), and, or five

hundred euro (€500) for each day during which the offence

continues; or";

(c) in sub-paragraph (ii) of paragraph (d) thereof the

word "persists:" shall be substituted by the word "continues:";

(d) paragraph (f) thereof shall be substituted by the

following

"(f) for any fees and, or charges, however so

described, that may be payable in relation to any matters

regulated by this Part, including the issue or renewal of any

individual radiocommunications licences or authorisations

however so described

Provided that the Minister may, with the

concurrence of the Minister responsible for finance,

reduce or remit any such fee or charge. Before doing so

the Minister shall first consult the Authority;"; and

(e) paragraph (g) thereof shall be deleted and paragraphs

(h) and (i) thereof shall be renumbered as paragraphs (g) and (h)

thereof.

Article 35 of the principal Act shall be deleted.

Deletion of

article 35 of the

principal Act.

The words of the heading of Part V of the principal Act Substitution of

"Radio Frequencies Management" shall be substituted by the words heading

V of the

"Management of and Access to Radio Spectrum".

principal Act.

Article 36 of the principal Act shall be amended as follows

Amendment of

article 36 of the

principal Act.

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

following

"(1) In this Part, unless the context otherwise

requires, "general authorisation" means a framework

established by or under this Part laying down the rights

and obligations for the use of radio spectrum, when the

use of the radio spectrum is not subject to an individual

licence.";

(b) in sub-article (2) thereof the words "radio frequency

plan." shall be substituted by the words "Frequency Plan.".

Article 37 of the principal Act shall be substituted by the

37. (1) The Authority shall facilitate the use of

radio spectrum, including shared use, under general

authorisations issued under this Act or following

individual rights of use for radio spectrum authorised

by the Authority in accordance with this Act, or

following explicit authorisation in accordance with any

other law.

(2) The Authority shall limit the granting of

individual rights of use for radio spectrum to situations

where such rights are necessary to maximise efficient

use because of demand and taking into account the

criteria set out in this sub-article. In all other cases, the

Authority shall set out the conditions for the use of

radio spectrum in a general authorisation. To this end

the Authority shall decide on the most appropriate

regime for authorising the use of radio spectrum, taking

account of

(a) the specific characteristics of the

radio spectrum concerned;

(b) the need to protect against harmful

interference;

(c) the

development

of

reliable

conditions for radio spectrum sharing, where

appropriate;

(d) the need to ensure technical quality of

communications or service;

(e) the objectives of general interest as

laid down by the Minister in accordance with

European Union law; and

(f) the need to safeguard efficient use of

radio spectrum.

(3) When considering whether to issue general

authorisations or to grant individual rights of use for

the harmonised radio spectrum, taking into account

technical implementing measures adopted in

accordance with Article 4 of Decision No. 676/2002/

EC, the Authority shall seek to minimise problems of

harmful interference, including in cases of shared use

of radio spectrum on the basis of a combination of

general authorisation and individual rights of use

Provided that where appropriate, the Authority

shall consider the possibility to authorise the use of

radio spectrum based on a combination of general

authorisation and individual rights of use, taking into

account the likely effects of different combinations of

general authorisations and individual rights of use and

of gradual transfers from one category to the other on

competition, innovation and market entry.

(4) The Authority shall seek to minimise

restrictions on the use of radio spectrum by taking

appropriate account of technological solutions for

managing harmful interference in order to impose the

least onerous authorisation regime possible.

(5) When taking a decision pursuant to sub-

articles (1) and (2) with a view to facilitating the shared

use of radio spectrum, the Authority shall ensure that

the conditions for the shared use of radio spectrum are

clearly set out. Such conditions shall facilitate efficient

use of radio spectrum, competition and innovation.".

Article 38 of the principal Act shall be substituted by the Substitution of

article 38 of the

principal Act.

38. (1) The Authority shall ensure the effective

management of the radio spectrum for electronic

communications networks and services in Malta in

accordance with articles 4 and 4A. In doing so the

Authority shall take into account that the radio

spectrum is a public good that has an important social,

cultural and economic value.

(2) Without prejudice to specific criteria and

procedures adopted to grant rights of use of radio

spectrum to providers of radio or television broadcast

content services with a view to pursuing general

interest objectives in conformity with European Union

law

(a) no exclusive or special rights of use

of radio spectrum shall be granted for the

provision of electronic communications services;

and

(b) the Authority shall in the exercise of

its functions with regard to the allocation of, the

issuing of general authorisations in respect of,

and the granting of individual rights of use for

radio spectrum for electronic communications

networks and, or services, act in accordance with

objective, transparent, pro-competitive, non-

discriminatory and proportionate criteria.

(3) In applying the provisions of this article, the

Authority shall respect relevant international

agreements, including the ITU Radio Regulations, and

other agreements adopted in the framework of the ITU

applicable to radio spectrum and may take public

policy considerations into account.

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

spectrum 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.".

Article 39 of the principal Act shall be substituted by the

39. (1) The Authority shall draw up, adopt and

publish a frequency plan, which frequency plan shall

from time to time be revised and published by the

Authority as it may be deemed necessary

Provided that before adopting or revising the

frequency plan, as the case may be, the Authority

shall in all instances first consult with the Minister

Provided further that the requirement to

consult with the Minister shall not apply where such

revisions are limited to compliance with any

international obligations of Malta.

(2) The Authority shall in drawing up the

frequency plan, establish which frequencies are

assigned under this Act and, or under any other law and

the purposes for which they may be used.".

Articles 40 to 45 of the principal Act shall be deleted.

Deletion of

articles 40 to 45

of the principal

Act.

Article 46 of the principal Act shall be substituted by the Substitution of

article 46 of the

principal Act.

The Authority, in consultation with the

Minister, may, for the purpose of ensuring the most

efficient and effective use of radio spectrum in

accordance with the provisions of this Act, impose

such requirements or take such measures as it may

consider appropriate including but not limited to the

redistribution or sharing of frequencies.".

44. Article 47 of the principal Act shall be amended as follows

Amendment of

article 47 of the

principal Act.

(a)

in sub-article (1) thereof

(i) paragraph (a) shall be substituted by the

following

"(a) regulate

electronic

communications

services and, or networks including interconnection

of networks, collocation and sharing of network

elements and associated facilities, conduct of a

geographical survey, carrier pre-selection, access to

networks, rights of way, security of networks and

services, the transmission or reception of satellite

signals, the maintenance of and publication, and

access to any information however so described,

stipulate universal service obligations, any matter

concerning numbers including portability, plans and

allocation, any matter concerning e-mail forwarding

or other similar services to ensure fair competition or

for end-user protection purposes, the obligations of

an undertaking having significant market power,

competition and end-user or consumer protection

rules including but not limited to rules relating to the

suspension, termination and renewal of electronic

communications services to end-users and, or

consumers, the use of unfair terms in electronic

communications contracts, unfair commercial

practices in so far as they relate to the provision of

electronic communications services to end-users and,

or

consumers,

compensation

and

refund

arrangements, billing procedures and billing

accuracy, emergency communications and services,

public warning systems, harmonised services for

social value, and directory enquiry services;";

(ii) paragraph (q) shall be substituted by the

following

"(q) empower the Authority to impose

administrative fines not exceeding the sum of two

hundred and fifty thousand euro (€250,000) for

each breach and, or five thousand euro (€5,000) for

each day during which failure to comply with this

Act continues, upon any person acting in

contravention of any regulations made under this

Act and to provide for the imposition and

enforcement of such fines in accordance with the

provisions of this Act and with the Malta

Communications Authority Act;";

(iii) paragraphs (r) to (u) shall be renumbered as

paragraphs (s) to (v);

(iv) immediately after paragraph (q) there shall be

added the following new paragraph

"(r) provide for rules to be applicable in

relation to the imposition of any administrative fines

as may be made under this article where any person

fails to comply with this Act;";

(v) in paragraph (u) as renumbered the words "or

five hundred euro (€500) for each day during which the

offence persists;" shall be substituted by the words "and, or

five hundred euro (€500) for each day during which the

offence continues;";

(b)

in sub-article (2) thereof

(i)

the words "The Minister may," shall be

substituted by the words "Without prejudice to the

provisions of article 5A, the Minister may,"; and

(ii) immediately thereafter there shall be added the

following new sub-articles

"(3) The Minister may, when making any

regulations under this article, require that the

Authority acts in co-ordination and, or consults with

any other public body or bodies as the Minister may

from time to time determine. In doing so the Minister

shall consult with any such other Minister as may be

responsible for any such public bodies, and with the

Authority.

(4) The Authority may by order in the

Gazette amend the rights, conditions and procedures

concerning general authorisations and rights of use

for radio spectrum or for numbering resources or

rights, to install facilities, as provided for in this Act

or any regulations made thereunder. Any such

amendments shall only be made in objectively

justified cases and in a proportionate manner, taking

into consideration, where appropriate, the specific

conditions applicable to transferable rights of use for

radio spectrum or for numbering resources

Provided that except where the proposed

amendments are minor and have been agreed with the

holder of the rights or of the general authorisation,

the Authority shall before making any amendments

in accordance with this sub-article, give notice in

such a manner as it considers appropriate of its

intention to make such amendments, inviting

interested parties, including users and consumers, to

express their views on the proposed amendments

within a period of not less than four weeks as may be

specified in the notice. The said period of four weeks

shall not apply in exceptional circumstances

Provided further that the Authority shall

publish any such amendments giving its reasons

therefor.".

45. Article 48 of the principal Act shall be amended as follows

Amendment of

article 48 of the

principal Act.

(a)

in sub-article (1) thereof the words "be liable to a fine

(multa) not exceeding twenty three thousand and two hundred

and ninety euro (€23,290) and in the case of a continuing offence

for a further fine (multa) not exceeding four hundred and sixty-

five euro (€465) for each day during which the offence

continues." shall be substituted by the words "be liable to a fine

(multa) not exceeding twenty-five thousand euro (€25,000) and

in the case of a continuing offence for a further fine (multa) not

exceeding five hundred euro (€500) for each day during which

the offence continues.";

(b) in sub-article (2) thereof the words "to a fine (multa)

not exceeding twenty-three thousand and two hundred and ninety

euro (€23,290)" shall be substituted by the words "to a fine

(multa) not exceeding twenty-five thousand euro (€25,000)";

(c) in sub-article (3) thereof the words "to a fine (multa)

not exceeding twenty-three thousand and two hundred and ninety

euro (€23,290)" shall be substituted by the words "to a fine

(multa) not exceeding twenty-five thousand euro (€25,000)";

(d)

in sub-article (4) thereof

(i) the words "to a fine (multa) not exceeding

eleven thousand and six hundred and forty-six euro and

eighty-seven cents (€11,646.87)" shall be substituted by

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

euro (€15,000)"; and

(ii) immediately thereafter there shall be added the

following new sub-article

"(5) Any person who, without being duly

authorised at law, uses any apparatus for the purpose

of deliberately interfering with radiocommunications

shall be guilty of an offence under this Act and shall

on conviction be liable to a fine (multa) not

exceeding fifty thousand euro (€50,000) and, or to a

daily fine (multa) not exceeding one thousand euro

(€1,000) for each day of non-compliance, and, or to

imprisonment for a period not exceeding one year, or

to such fine or fines and to such imprisonment.".

46. In article 49 of the principal Act the words "be liable to a fine

(multa) not exceeding twenty-three thousand, two hundred and ninety-

three euro and seventy-three cents (€23,293.73) and, in the case of a

continuing offence, to a further fine (multa) not exceeding four

hundred and sixty-five euro and eighty-seven cents (€465.87) for each

day during which the offence continues;" shall be substituted by the

words "be liable to a fine (multa) not exceeding twenty five thousand

euro (€25,000) and, in the case of a continuing offence, to a further

fine (multa) not exceeding five hundred euro (€500) for each day

during which the offence continues;".

In article 50 of the principal Act the words "a fine (multa) of Amendment of

more than twenty-three thousand euro and two hundred and ninety article

principal Act.

euro (€23,290) or four hundred and sixty-five euro (€465) for each day

during which the offence persists." shall be substituted by the words "a

fine (multa) of more than twenty-five thousand euro (€25,000) and, or

five hundred euro (€500) for each day during which the offence

Article 52 of the principal Act shall be substituted by the Substitution of

article 52 of the

principal Act.

(1) Any regulations made or kept in force by

or under any of the provisions of this Act as in force on

the 21st December, 2020 and still in force on the said

date shall, until other provision is made under or by

virtue of this Act, continue to be in force and have

effect.

(2) Any directives, decisions or designations

however so described made by the Authority under

this Act as in force on the 21st December, 2020 and

still in force on the said date shall continue to be in

force until revoked or amended by the Authority.".

49. Articles 53 and 54 of the principal Act shall be deleted.

Deletion of

articles 53 and

54 of the

principal Act.

50. Article 55 of the principal Act shall be substituted by the Substitution of

article 55 of the

principal Act.

(1) The Prime Minister may by order

published in the Gazette exempt from any of the

provisions of this Act, any electronic communications

network and, or service, or any radiocommunications

apparatus exclusively used by the State for activities

concerning public security, defence, State security,

including the economic well-being of the State in the

case of activities pertaining to State security matters,

and the activities of the State in the area of criminal

law

Provided that no exemptions shall be granted

with respect to

(a) the requirement of having an explicit

authorisation issued by the Authority for the

rights of use for radio spectrum; or

(b) the

installation

or

use

of

radiocommunications apparatus capable of

causing deliberate interference, as provided for in

article 31A.

(2) The Prime Minister shall, in making an order

under this article, first consult with the Authority, and

may after having done so, impose any such conditions

as he may consider appropriate in the circumstances.".

PART III

AMENDMENTS TO THE MALTA

COMMUNICATIONS AUTHORITY ACT

51. (1) This Part amends the Malta Communications Authority

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

Communications Authority Act, hereinafter in this Part referred to as

"the principal Act".

(2) This Part 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 thereof.

52. In the Maltese text the words "multa amministrattiva" or "multi

amministrattivi", wherever they occur in the principal Act, shall be

substituted with the words "penali amministrattiva" or "penalitajiet

amministrattivi" respectively.

53. Article 2 of the principal Act shall be amended as follows

(a) immediately after the definition "this Act" there shall

be added the following new definition

" "associated facilities" means those associated

services, physical infrastructures and other facilities or

elements associated with an electronic communications

network and, or an electronic communications service

which enable and, or support the provision of services

through that network and, or service or have the potential

to do so, and include inter alia buildings or entries to

buildings, building wiring, antennae, towers and other

supporting constructions,

ducts,

conduits,

masts,

manholes, and cabinets;";

(b) the definition "BEREC" shall be substituted by the

following

" "BEREC" means the Body of European Regulators

for Electronic Communications established by Regulation

(EU) 2018/1971 of the European Parliament and of the

Council of 11 December 2018 establishing the Body of

European Regulators for Electronic Communications

(BEREC) and the Agency for Support for BEREC

(BEREC Office);";

(c) in the definition "Board" the words "means the Board

of the Authority" shall be substituted by the words "unless the

context otherwise requires, means the Board of the Authority";

(d) immediately after the definition "communications"

there shall be added the following new definition

" "consumer" means any natural person who uses or

requests a communications service for purposes which are

outside his trade, business, craft or profession";

(e) in the definition "contractor" the words "article 5(3)"

shall be substituted by the words "article 5(2)";

(f) immediately after the definition "directive" there

shall be added the following new definition

" "Electronic Communications Code" means

Directive (EU) 2018/1972 of the European Parliament and

of the Council of the 11 December 2018 establishing the

European Electronic Communications Code;";

(g) immediately after the definition "end-user" there

shall be added the following new definition

" "end-user with disabilities" means a person with a

disability as defined in the Equal Opportunities (Persons Cap. 413.

with Disability) Act, whose special needs as an end-user

are either due to a disability or to ageing;";

(h) the definition "European Electronic Communications

Directives" shall be deleted;

(i)

immediately after the definition "public officer" there

shall be added the following new definition

" "RSPG" means the Radio Spectrum Policy Group

established by the European Commission Decision of 11

June 2019 setting up the Radio Spectrum Policy Group;";

and

(j) in the definition "undertaking" the words "or

associated facilities;" shall be substituted by the words "or

associated facilities; and".

54. Article 3 of the principal Act shall be amended as follows

(a) sub-articles (2) and (3) thereof shall be substituted by

the following

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

by the Minister from amongst persons of recognised

standing and professional experience on the basis of merit,

skills, knowledge and relevant experience, for a term of not

less than three (3) years but not exceeding six (6) years,

which term shall be specified in the instrument of

appointment, and the members so appointed may, subject to

the requirements of this article, be re-appointed on the

expiration of their term of office for another term

Provided that in appointing the members of the

Board, the Minister shall act in an open and transparent

manner and shall ensure the continuity of decision-making

by the Authority

Provided further that any such appointments

shall be published in the Gazette by the Minister.

(3) The Minister shall designate one of the other

members of the Board as Deputy Chairman and the

member so designated shall have all the powers and

perform all the functions of the Chairman during his

absence or inability to act as Chairman, or while the

Chairman is on vacation or during any vacancy in the

post of the Chairman.";

(b) in paragraph (a) of sub-article (4) thereof the words

"or a member of the House of Representatives; or" shall be

substituted by the words "or a member of the House of

Representatives or of a Local Council; or";

(c)

in paragraph (c) of sub-article (6) thereof the words

"the Minister may suspend the member if he is being

investigated for a criminal offence; or" shall be substituted by the

words "the Minister may suspend the member if he is being

investigated for such a criminal offence; or";

(d) sub-article (7) thereof shall be substituted by the

following

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

Board from office, such dismissal shall be made public at

the time of dismissal from office. In doing so the Minister

shall provide the member concerned with a statement of

reasons for his dismissal. If the statement of reasons for

dismissal is not made public then, the member concerned

shall have the right to request that the statement of reasons

for his dismissal be made public, in which case the

Minister shall publish such statement without any delay

Provided that the member so dismissed may

contest the decision of the Minister to dismiss him on both

points of fact and of law by means of an action to be filed

before the Civil Court within twenty days of the

notification of the aforesaid decision to the said member.

The provisions of the Code of Organization and Civil Cap. 12.

Procedure for the hearing and determination of cases shall

apply to any such action.";

(e) sub-article (8) thereof shall be substituted by the

following

"(8) If a member resigns or if the office of a

member of the Board is otherwise vacant or if a member

is for any reason unable to perform the functions of his

office, the Minister may appoint a person who is

qualified to be appointed as a member, to be a temporary

member of the Board. Any person so appointed shall,

subject to the provisions of sub-articles (4), (5) and (6),

cease to be such a member when a person has been

appointed to fill the vacancy or, as the case may be, when

the member who was unable to perform the functions of

his office resumes those functions

Provided that any temporary appointment made

under this article shall not at any one time exceed the

period of one year."; and

(f)

in sub-article (9) thereof the words "Any member of

the Authority" shall be substituted by the words "Any member of

the Board".

55. Immediately after article 3 of the principal Act there shall be

added the following new article

3A. The Authority shall be legally distinct from,

and functionally independent of, any person providing

any networks, equipment or services however so

described which are regulated by the Authority.".

Article 4 of the principal Act shall be amended as follows

(a) in sub-paragraph (iv) of paragraph (a) of sub-article

(1) thereof the words "the protection of public health;" shall be

substituted by the words "the protection of public health and of

the environment;";

(b)

in sub-article (3) thereof

(i) in paragraph (k) the words "establish measures

for the protection of the environment" shall be substituted

by the words "establish measures, as necessary, for the

protection of the environment";

(ii) in paragraph (t) the words "disabled end-users"

shall be substituted by the words "end-users with

disabilities";

(iii) paragraph (v) shall be renumbered as paragraph

(w) and immediately after paragraph (u) thereof there shall

be added the following new paragraph

"(v) deal with and, or determine any matter

relating to mediation in and, or resolution of any

dispute or complaint, however so described, relating

to any aspect of communications regulated by the

Authority under any law;";

(iv) immediately after paragraph (w) as renumbered

there shall be added the following new paragraph

"(x) manage scarce resources used by space

systems

for

the

provision

of

satellite

communications services; and";

(c) the marginal note to sub-article (8) thereof shall be

substituted by the following

"Cooperation with other authorities."; and

(d) sub-articles (9) and (10) thereof shall be substituted

by the following

"(9) The Authority on the one hand and the

competent authorities responsible for competition issues

and consumer affairs, and such other competent authorities

responsible for other areas as may impact on the sectors

regulated by the Authority on the other, shall consult and

cooperate on matters of common interest, and in doing so

shall provide each other with the information necessary for

the application of the provisions of this Act, of any other

law which the Authority is entitled to enforce, and of any

other law relating to competition issues and, or consumer

affairs or to any of the communications sectors falling

within the remit of the Authority, which information shall

be provided within an appropriate time-frame taking into

consideration the particular circumstances of the issues

involved

Provided that European Union data protection

rules shall apply in respect of the information exchanged,

and the receiving authority shall ensure the same level of

confidentiality as the originating authority.

(10) Without prejudice to the enforcement powers Provision of

that it has at law, the Authority may require any person to information.

provide it with any information, including financial

information, that the Authority considers necessary for the

purpose of carrying out its functions, or which is necessary

for the European Commission, BEREC or any other EU

regulatory body in relation to the sectors that fall within the

remit of the Authority in order to ensure compliance in

accordance with the provisions of, or decisions or

directives made in accordance with this Act or any other

law which the Authority is entitled to enforce.".

Article 4A of the principal Act shall be amended as follows

Amendment of

article 4A of the

principal Act.

(a) in sub-article (1) thereof the words "where the

Authority intends to take a decision in accordance with any law

which it is entitled to enforce, and which decision has a

significant impact in a market for any communications networks

or services, it shall make available to interested parties a

statement of the proposed decision and give such parties the

opportunity to comment on the proposed decision within a period

which the Authority considers reasonable." shall be substituted

by the words "where the Authority intends to take a decision in

accordance with any law which it is entitled to enforce, which

decision has a significant impact in a market for any

communications networks or services, it shall make available to

interested parties a statement of the proposed decision. The

Authority shall give such parties the opportunity to comment on

the proposed decision within a period which the Authority

considers reasonable, having regard to the complexity of the

matter, which period other than in exceptional circumstances,

shall not be shorter than thirty days

Provided

that

in

relation

to

electronic

communications the period of consultation shall not be less than

thirty days.";

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

following

"(2) Where the Authority intends to take a decision

on issues related to any end-user and, or consumer rights,

including equivalent access and choice for end-users with

disabilities, in particular where such a decision has a

significant impact on a market for any communications

networks and, or services, the Authority shall ensure that in

carrying out the consultation mechanism referred to in sub-

article (1), as far as is appropriate for the purposes of its

functions under this Act or any other law the Authority is

entitled to enforce, it shall take into account the views of

end-users, in particular consumers, and end-users with

disabilities, manufacturers and undertakings that provide

communications networks and, or services.";

(c) in sub-article (3) thereof the words "which all current

consultations can be assessed" shall be substituted by the words

"which all current consultations can be accessed"; and

(d) in sub-article (4) thereof the words "except in the

case of information which the Authority considers to be

confidential" shall be substituted by the words "except in the

case of confidential information, in accordance with European

Union and national rules on commercial confidentiality.".

Immediately after article 4A of the principal Act there shall be

added the following new articles

4B. (1) The Authority may either on its own

initiative or in coordination with other competent

authorities provide guidance to interested parties

when these are developing mechanisms, involving

consumers, user groups and service providers, to

improve the general quality of service provision by,

inter alia, developing and monitoring codes of conduct

and operating standards.

(2) The Authority may request undertakings to

prepare a code of practice that includes the minimum

standards of service provided to end-users. The

Authority may also provide guidance to the employees

or representatives, however so described, of such

undertakings in their dealings with end-users.

4C. Without prejudice to national rules in

Co-operation in the

accordance with European Union law promoting

cultural and media policy objectives such as cultural

and linguistic diversity and media pluralism, competent

authorities in coordination, where relevant, with the

A u t h o r i t y, m a y p r o m o t e c o o p e r a t i o n b e t w e e n

undertakings providing electronic communications

networks or services, and sectors interested in the

promotion of lawful content in electronic

communications networks and services

Provided that such cooperation may also

include coordination of the public-interest information

to be provided pursuant to applicable national law and

European Union law.

4D. The Authority shall comply with European

Union and national data protection rules when

processing personal data.

4E. Compliance with any authorisation by or

under any law which the Authority is entitled to

enforce, enabling a person to operate, install or use

any communications service or network or any

radiocommunications apparatus, shall not relieve a

person from any requirement at law to apply for and

obtain any other authorisation, licence or permit

however so described, or from any obligation arising

from any other law, licence, authorisation or permit

however so described.".

Article 6 of the principal Act shall be substituted by the

6. (1) The Authority shall act independently

and objectively in the exercise of its functions at law,

including in the development of its internal procedures

and organisation of its staff, and shall operate in a

transparent and accountable manner in accordance with

European Union law. In doing so the Authority shall

not seek or take instructions from any other person in

relation to the exercise of the tasks assigned to it by

law, this without prejudice to any supervision, however

so described, that may be undertaken in accordance

with the Constitution of Malta.

(2) The Minister may, in relation to matters that

appear to him to affect the public interest, from time to

time give to the Authority directions in writing of a

general character on the policy to be followed in the

carrying out of the functions vested in the Authority by

or under this Act, and the Authority shall, as soon as

may be, give effect to all such directions. The Minister

in giving any such directions shall state in writing the

reasons therefor

Provided that any such directions shall not be

inconsistent with the provisions of this Act

Provided further that the Authority shall afford

to the Minister facilities for obtaining information with

respect to its property and activities and furnish him

with returns, accounts and other information with

respect thereto, and afford to him facilities for the

verification of information furnished, in such manner

and at such times as he may reasonably require.

(3) The provisions of article 77 of the Public

Finance Management Act shall not apply to the

Authority.".

Immediately after article 6 of the principal Act there shall be

added the following new article

6A. Unless otherwise provided for by law,

decisions taken by the Authority shall only be

suspended or overturned by the competent court or

tribunal as prescribed under this Act.".

Sub-article (2) of article 7 of the principal Act shall be Amendment of

article 7 of the

substituted by the following

principal Act.

"(2) The legal representation of the Authority shall vest in

the Chairman, in the Chief Executive Officer if any, and such

other member of the Board or officer of the Authority as the

Board may appoint

Provided that the Board 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.".

In article 9 of the principal Act the words "with the Amendment of

concurrence of the Minister." shall be substituted by the words article

principal Act.

"without prejudice to any supervision, however so described, that may

be undertaken in accordance with the Constitution of Malta.".

In article 10 of the principal Act the words "as it may, in Amendment of

accordance with article 9, determine" shall be substituted by the words article

principal Act.

"as it may determine".

In sub-article (1) of article 11 of the principal Act the words Amendment of

"the Prime Minister’s direction." shall be substituted by the words "the article

principal Act.

direction of the Prime Minister.".

In sub-article (5) of article 14 of the principal Act the words Amendment of

"may be invested" shall be substituted by the words "may be invested article

principal Act.

by the Authority".

In sub-article (2) of article 15 of the principal Act the words Amendment of

"one hundred and sixteen thousand and four hundred and sixty-four article

principal Act.

euro (€116,465)" shall be substituted by the words "one hundred and

fifty thousand euro (€150,000)".

Sub-articles (1) to (3) of article 22 of the principal Act shall Amendment of

article 22 of the

be substituted by the following

principal Act.

"(1) All monies accruing to the Authority shall be paid

into a bank or banks appointed as bankers of the Authority by a

resolution of the Board. Such monies shall, as far as practicable,

be paid into such banks from day to day, except such sum as the

Board may authorise to be retained to meet petty disbursements

and immediate cash payments.

(2) All payments out of funds of the Authority, other

than petty disbursements not exceeding a sum fixed by the

Board, shall be made by such officer or officers of the Authority

as the Board shall appoint or designate for that purpose.

(3) Cheques against and withdrawals from any bank

account of the Authority shall be signed by such officer of the

Authority as may be appointed or designated by the Board for

that purpose and shall be countersigned by the Chairman or such

other member of the Board or officer of the Authority as may be

authorised by the Board for that purpose.".

Article 23 of the principal Act shall be deleted.

Article 24 of the principal Act shall be amended as follows

(a) in the marginal note thereto the words "Annual

report" shall be substituted by the words "Annual report and

other reporting requirements";

(b) article 24 thereof shall be renumbered as article 24(1)

and immediately thereafter there shall be added the following

new sub-article

"(2) Without prejudice to the requirements under

sub-article (1), the Authority shall report annually, amongst

other matters, on the state of the markets in relation to the

sectors falling under its remit, on the decisions it issues, on

its human and financial resources and how those resources

are attributed and on its future plans. The Authority shall

ensure that such reports are made public."; and

(c) in article 24(1) as renumbered the words "not later

than six weeks" shall be substituted by the words "not later than

thirteen weeks".

Article 29 of the principal Act shall be amended as follows

(a)

in sub-article (1) thereof

(i) in paragraph (a) the words "any vehicle or

vessel where any activity" shall be substituted by the words

"any vehicle, vessel or aircraft where any activity";

(ii) paragraphs (b) to (h) shall be renumbered as

paragraphs (c) to (i) thereof; and

(iii) immediately after paragraph (a) there shall be

added the following new paragraph

"(b) enter a place of residence for the

purpose of any investigation or inspection in

relation to any activity regulated by or under this

Act or any other law which the Authority is entitled

to enforce during any time between eight o’clock in

the morning and six o’clock in the evening

Provided that in cases of manifest

urgency the Authority may carry out such

investigation or inspection outside the aforesaid

time

Provided further that the Authority

shall, at all times, as is reasonable taking into

account the gravity of the specific circumstances,

give adequate prior written notice to the person or

persons residing in the said place of residence, of

the conduct and the purpose of the investigation or

inspection to be undertaken;";

(iv) in paragraph (i) as renumbered the words

"International Commission for Non-Ionising Radiation

Protection" shall be substituted by the words "International

Commission on Non-Ionising Radiation Protection" and

immediately thereafter there shall be added the following

new paragraph

"(j) arrange or require an undertaking to do an

independent audit or operations review of any of the

regulated activities of that undertaking. The costs of

any such audit or operations review shall be borne by

the undertaking

Provided that the Authority before

proceeding to arrange or require any such audit or

operations review shall notify in writing the

undertaking concerned, warning it of the audit or

operations review that may be taken and the

reasons therefor, requiring the undertaking to make

its written submissions to the Authority within a

period of not less than twenty days from the date of

the notification of any such warning.";

(b) sub-articles (2) to (5) thereof shall be renumbered as

sub-articles (3) to (6) thereof and immediately after sub-article

(1) there shall be added the following new sub-article

"(2) The Authority shall exercise any power of entry

as referred to in sub-article (1) only in such a manner as is

reasonably required in the interest of public safety, public

order, public health or public benefit.".

In sub-article (3) of article 30 of the principal Act the words

"not exceeding ten thousand euro (€10,000)." shall be substituted by

the words "not exceeding twenty-five thousand euro (€25,000).".

Sub-articles (1) and (2) of article 31 of the principal Act shall

be substituted by the following

"(1) Without prejudice to any other provisions under this

Act or any other law which the Authority is entitled to enforce,

the Authority may take the following measures in respect of any

person who infringes any provision of this Act or of any other

law which the Authority is entitled to enforce, 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 and, or

networks, or with any authorization condition, or with any

binding decision issued by the European Commission pursuant

to the Electronic Communications Code, namely

(a) the imposition of an administrative fine in

accordance with the provisions of this article and of

articles 32 and 33;

(b) order the cessation of any act or omission

which is in breach;

(c) order the delay of a service or bundle of

services which, if continued, may result in significant

harm to competition, pending compliance with access

obligations imposed following a market analysis carried

out in accordance with the Electronic Communications

(Regulation) Act and with any regulations made

thereunder; or

(d) order the taking of any such measures as the

Authority may, in accordance with its powers at law,

consider necessary in protecting the rights of end-users as

established by any law or any decision which the Authority

is entitled to enforce where the act or omission of any

person negatively impacts such rights

Provided that a reference to a decision given by

the Utilities Networks Dispute Resolution Board includes

any decision of the aforesaid 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

aforesaid Board.

(2) In cases where the Authority considers that a

person has seriously and, or repeatedly infringed the

provisions of this Act or of any other law which the Authority

is entitled to enforce, or of any decision of the Authority or of

any authorisation condition, the Authority may withdraw or

suspend any related authorisation granted by or under this Act

or any other law which the Authority is entitled to enforce, or

prevent a person from continuing to provide any

communications service or network

Provided that, without prejudice to the generality of

the above, the following instances shall be considered to

constitute a serious and, or repeated breach

(a) the unjustified and continued withholding of

information requested by the Authority in accordance with

its powers at law; and

(b) persistent and repeated instances of non-

cooperation with the Authority.".

In sub-article (2) of article 32 of the principal Act the words Amendment of

"infringement with" shall be substituted by the words "infringement article

principal Act.

within".

Immediately after sub-article (3) of article 33 of the principal Amendment of

article 33 of the

Act there shall be added the following new sub-article

principal Act.

"(4) An administrative fine may be imposed with

retroactive effect in accordance with the provisions of this Act

even if the breach in question was subsequently rectified.".

Article 34 of the principal Act shall be deleted.

Deletion of

article 34 of the

principal Act.

Article 35 of the principal Act shall be amended as follows

Amendment of

article 35 of the

principal Act.

(a) the marginal note thereto shall be substituted by the

following

"Prescription

for

the

taking

of

enforcement

measures."; and

(b) the words "The prosecution of a criminal offence or

the initiation of proceedings to impose an administrative fine

under this Act" shall be substituted by the words "Unless stated

otherwise at law, the prosecution of a criminal offence, the

initiation of proceedings to impose an administrative fine or

other sanctions, and the initiation of any other enforcement

measures however so described under this Act".

Sub-article (3) of article 36 of the principal Act shall be

deleted.

Article 37 of the principal Act shall be amended as follows

(a) in the marginal note thereto the words "Cap. 350"

shall be deleted;

(b) in sub-article (1) thereof the words "the Broadcasting

Act" shall be deleted.

In sub-article (1) of article 38 of the principal Act in the

Maltese text the words "għall-multa amministrattiva" shall be

substituted by the words "għall-penali amministrattiva".

In article 41 of the principal Act the words "may appeal to the

Court of Appeal" shall be substituted by the words "may on a point of

law and, or of fact appeal to the Court of Appeal".

In article 42A of the principal Act the words "The Authority

shall provide such information to the European Commission and, to

BEREC after a reasoned request from either" shall be substituted by

the words "The Authority shall provide such information, as well as

the decisions or judgments given, to the European Commission and, to

BEREC after a reasoned request from either body".

Article 43 of the principal Act shall be amended as follows

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

following

"(1) Unless otherwise provided in any other law,

in the event of a dispute occurring between

(a) undertakings in Malta within the same

communications sector; or

(b)

undertakings

providing

electronic

communications networks and, or services in Malta

on the one hand, and other such undertakings

providing electronic communications networks and,

or services in other Member States benefiting from

obligations of access or interconnection on the other

hand; or

(c) undertakings

providing

electronic

communications networks and, or services in Malta

on the one hand, and undertakings providing

associated facilities in Malta on the other hand

Provided that with regard to any

obligations arising under any law, decision or

authorisation condition which the Authority is

entitled to enforce, the Authority shall, at the request

of any party to the dispute, investigate the matter and

shall issue a binding decision to resolve the dispute in

the shortest possible time-frame, and in any case

within four months from the date on which the

dispute was notified to it

Provided further that such period of four

months may be extended in circumstances which the

Authority considers exceptional

Provided further that if all the parties to a

dispute agree not to pursue further with the dispute

with a view to achieving an amicable settlement on

all the issues in dispute, and three months elapse

from when all parties do so agree to discuss an

amicable settlement, then the dispute shall be

considered to be terminated at the lapse of the

aforesaid period of three months if during that period

none of the parties in writing requests the

continuation of the determination of the dispute by

the Authority. A party in making such a request shall

state its reasons therefor.";

(b) in sub-article (4) thereof the words "If four months

from the date" shall be substituted by the words "If after four

months from the date";

(c) in sub-article (10) thereof the words "The Minister

may by regulation" shall be substituted by the words "The

Minister may, in accordance with EU legislation, by regulation";

and immediately thereafter there shall be added the following

new sub-article

"(11) Nothing in this article shall preclude the

Authority if it considers appropriate in any circumstances

that may arise in accordance with this article, either of its

own initiative or at the request of a party to a dispute, from

undertaking any mediation in relation to the said dispute.".

Article 44 of the principal Act shall be amended as follows

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

following

"(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

an end-user, the end-user is requesting the payment of

compensation and, or other civil redress and the amount

involved does not exceed the competence of the

Consumer Claims Tribunal or the Small Claims Tribunal,

the Authority may refer such dispute for determination

by the Consumer Claims Tribunal or the Small Claims

Tribunal as appropriate."; and

(b) in sub-article (4) thereof the word "administrative"

shall be deleted.

Article 44A of the principal Act shall be amended as follows

(a) in sub-article (1) thereof the words "involving

persons enjoying authorisations in more than one Member State"

shall be substituted by the words "involving undertakings in

more than one Member State";

(b) sub-articles (2) and (3) thereof shall be substituted by

the following

"(2) In addition to sub-article (1), a dispute arising

under the Electronic Communications (Regulation) Act

or the Electronic Communications Code between

undertakings in different Member States, where the

dispute lies within the competence of the Authority and

national regulatory authorities from other Member

States, that dispute shall be subject to the following

(a) any person may refer such a dispute to the

Authority, and where the dispute affects trade

between Malta and other Member States, the

Authority shall notify the dispute to BEREC in order

to bring about a consistent resolution of the dispute in

accordance with the objectives set out in article 4 of

the Electronic Communications (Regulation) Act. In Cap. 399.

doing so the Authority shall await the opinion of

BEREC subsequent to the notification before taking

any action to resolve the dispute

Provided

that

in

exceptional

circumstances where there is an urgent need to act, in

order to safeguard competition or protect the interests

of end-users, the Authority may, either at the request

of any person to the dispute or of its own initiative,

adopt interim measures

(b)

where the Authority makes a

determination for the purposes of resolving a dispute

under this article, the provisions of article 43 shall,

where applicable, apply

Provided further that the Authority when

imposing any obligations on an undertaking in

resolving a dispute shall abide with the provisions of

the Electronic Communications Code, and shall take

the utmost account of the opinion adopted by BEREC

taken in accordance with paragraph 3 of Article 27 of

the Electronic Communications Code, which opinion

shall be adopted within thirty days.

(3) The procedure referred to in this article does

not preclude a person to the dispute from bringing an

action before the courts or any other competent

adjudicative forum."; and

(c) immediately after sub-article (3) thereof there shall

be added the following new sub-article

"(4) The provisions of this article shall not apply to

disputes relating to radio spectrum coordination covered by

Part V of the Electronic Communications (Regulation) Cap. 399.

Act.".

Sub-article (1) of article 46 of the principal Act shall be

substituted by the following

"(1) The Minister may, after consultation with the

Authority, make regulations in respect of any of the functions

assigned to the Authority including such functions as may be

assigned in compliance with any international obligations of

Malta and in respect of alternative dispute resolution, or any

other dispute or complaint handling procedures, however so

described, relating to any of the communications sectors

regulated by the Authority, which regulations may also provide

for any such fees and, or charges however so described that may

be payable to the Authority in relation to the exercise of any such

functions

Provided that the Minister may establish the

procedure to be followed by the Authority in the investigation

of any infringements and the enforcement of any sanctions that

the Authority may be empowered by law to impose.".

In sub-article (3) of article 50 of the principal Act the words

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

thousand euro (€5,000)." shall be substituted by the words "not less

than one thousand euro (€1,000) and not more than ten thousand euro

(€10,000).".

In the First Schedule to the principal Act in the first column

under the title "Name of public authority" there shall be added the

words "Authority for Transport in Malta", and in the second column

under the title "Type of authorisation" there shall be added the words

"Ship station licences (individual authorisations).".

Passed by the House of Representatives at Sitting No. 489 of the

14th July, 2021.

ANĠLU FARRUGIA

Speaker

RAYMOND SCICLUNA

Clerk of the House of Representatives

€5.40