ELECTRONIC COMMUNICATIONS (REGULATION) ACT

CHAPTER 399

ELECTRONIC COMMUNICATIONS

(REGULATION) ACT

To regulate Electronic Communications.

31st December, 1997

2nd January, 1998

ACT XXXIII of 1997, as amended by Acts XIX of 1998, XVIII of 2000, VI

of 2001, XXVII of 2002, IX of 2003 and VII of 2004; Legal Notice 425 of

2007; Acts XXX of 2007, XII of 2010, IX of 2011 and V of 2012; Legal

Notice 180 of 2012; and Acts VIII of 2014, XVIII of 2016, XI of 2018 and

LII of 2021 and XXIX and XXXV of 2023 and I of 2024.

PART I

PRELIMINARY

The short title of this

Act

is

the

Electronic

Communications (Regulation) Act.

In this Act, and in regulations made thereunder, unless the

context otherwise requires -

"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;

"this Act" means the Electronic Communications (Regulation) Act,

and includes any regulations made thereunder unless the context

otherwise requires;

ELECTRONIC C O M M U N I C AT I O N S ( R E G U L AT I O N )

"apparatus" means any equipment or machinery however so

described;

"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;

"associated services" 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;

"the Authority" means the Malta Communications Authority

established under the Malta Communications Authority Act;

"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);

"cable television networks" means any mainly wire-based

infrastructure established primarily for the delivery or distribution

of radio or television broadcast to the public;

"conditional access system" means any technical measure,

authentication system and, or arrangement whereby access to a

protected radio or television broadcasting service in intelligible

form is made conditional upon subscription or other form of prior

individual authorisation;

"consumer" means any natural person who uses or requests a

publicly available electronic communications service, for purposes

which are outside his trade, business, craft or profession;

"the Council" means the Council of the European Union;

"decision" includes any determination, directive, measure,

requirement or specification however so described made by the

Authority and the word "decision" shall be construed accordingly;

"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;

"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;

"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;

"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;

" e n d - u s e r " m e a n s a u s e r n o t p r o v i d i n g public electronic

communications networks o r p u b l i c l y a v a i l a b l e e l e c t r o n i c

communications services;

"end-users with disabilities" means persons with disabilities as

defined in the Equal Opportunities (Persons 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;

"general authorisation" means the legal framework established

ELECTRONIC C O M M U N I C AT I O N S ( R E G U L AT I O N )

by or under this Act ensuring rights for the provision of electronic

communications networks or services and laying down sector

specific obligations that may apply to all or to specific types of

electronic communications networks and services in accordance

with this Act;

"harmful interference" means interference which endangers the

functioning of a radio navigation service or of other safety services

or which otherwise seriously degrades, obstructs or repeatedly

interrupts a radio communications service operating in accordance

with the applicable international, European Union or national

regulations;

"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);

"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;

"i nterpersona l 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;

"internal market" means the internal market of the European

Union;

"ITU Radio Regulations" means the Radio Regulations annexed

to, or regarded as being annexed to the most recent International

Te l e c o m m u n i c a t i o n s C o n v e n t i o n o f t h e I n t e r n a t i o n a l

Telecommunications Union (ITU) which is in force at that time;

" l o c a l l o o p " m e an s t he ph y sic al p at h u sed b y el ect r on i c

communications signals connecting the network termination point to a

distribution frame or equivalent facility in the fixed public electronic

communications network;

"Member State" means a Member State of the European Union;

"the Minister" means the Minister responsible for

communications;

"national regulatory authority" means the body or bodies notified

for the purposes of European Union law to the European

Commission by a Member State as having been assigned tasks in

the regulation of electronic communications services, electronic

communications networks, associated facilities and associated

services;

"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;

"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;

"operator" means an undertaking providing or authorised to

provide a public communications network or an associated facility;

"prescribed" means prescribed by regulations made under this

Act;

"provision of an electronic communications network" means the

establishment, operation, control or making available of such a

network;

"public electronic communications network" means an electronic

communications network used wholly or mainly for the provision

of electronic communications services available to the public

which support the transfer of information between network

termination points;

"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;

"publicly available electronic communications service" means an

electronic communications service available to the public;

"radio spectrum allocation" means the designation of a given

radio sp ectrum band for use by on e or m ore 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

ELECTRONIC C O M M U N I C AT I O N S ( R E G U L AT I O N )

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;

"satellite earth station network" mean a configuration of two or

more earth stations which inter-work by means of a satellite;

"sec urit y o f ne tw orks an d services" means the a bility 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;

"significant market power" or "SMP" means a position

e q ui v a le n t t o d o m in a n c e e n j oy e d b y a n u n de r t a k i n g e i t he r

individually or jointly with others that is to say a position of

e c o n o m i c s t r e n g t h a ff o r d i n g i t t h e p o w e r t o b e h a v e t o a n

appreciable extent independently of competitors, customers and

ultimately consumers;

"special rights" means the rights that are granted to a limited

number of undertakings which, within a given geographical area

(i)

designates or limits to two or more the number

of such undertakings authorised to provide an

electronic communications service or undertake

an

electronic

communications

activity,

otherwise than according to objective,

proportional and non-discriminatory criteria, or

(ii) confers on undertakings, otherwise than

according to such criteria, legal or regulatory

advantages which substantially affect the ability

of any other undertaking to provide the same

electronic communications activity in the same

geographical area under substantially equivalent

conditions;

"terminal equipment" means terminal equipment as defined in

point (1) of Article 1 of EU Commission Directive 2008/63/EC;

" Tr i b u n a l " m e a n s t h e A d m i n i s t r a t i v e R e v i e w Tr i b u n a l

established by article 5 of the Administrative Justice Act;

"undertaking" means a person providing or authorised to provide

electronic communications networks and, or services or associated

facilities;

"universal services" means the minimum set of services of

specified quality which is available to all users regardless of their

geo graphical locati on and, in the light of sp ecifi c natio nal

conditions, at an affordable price as may be defined by or under

this Act;

"user" means any person using or requesting a publicly available

electronic communications service;

"v ery hi gh ca paci ty n etwork" me ans eithe r 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

numb ering reso urces from the nat ional nu mberi ng 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.

PART II

REGULATION OF ELECTRONIC COMMUNICATIONS

1. Competent Authority to regulate Electronic Communications

(1) The Malta Communications Authority established

under the Malta Communications Authority Act shall be the

competent authority to regulate electronic communications under

this Act and, insofar as is provided in this Act, to enforce the

provisions of this Act.

(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

ELECTRONIC C O M M U N I C AT I O N S ( R E G U L AT I O N )

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.

(4) In the exercise of 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 take utmost

account of the relevant European Commission recommendations.

With reference to recommendations issued in accordance with

Article 38 of the Electronic Communications Code, the Authority

shall, if it chooses not to follow a recommendation, inform the

European Commission, giving the reasons for its position.

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

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.

ELECTRONIC C O M M U N I C AT I ON S ( R E GU L AT I O N )

(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

C o m m u n ic a t i o n s Co d e. I n d o in g s o t he A ut h o r i ty s h a ll , i n

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.

(1) The Authority shall cooperate with the competent

a u t h o r i t i e s i n o t h e r M e m b e r St a t e s a n d w i t h t h e E u r o p e a n

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

a u t h o r i t i e s i n o t h e r M e m b e r St a t e s a n d w i t h t h e E u r o p e a n

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

u s e o f r a d i o sp e c t r u m n e c e s s a r y f o r t h e e s t a bl i s hm e n t a n d

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.

(1) This Act shall apply to the various electronic

communications markets unless otherwise stated in this Act or any

other law.

1A. The provisions of this Act shall also apply, in accordance with

the provisions of the 1982 United Nations Convention on the Law of

the Sea as ratified by the Law of the Sea (Ratification) Act, to an

exclusive economic zone area or an environment protection area as

defined in the Exclusive Economic Zone Act. Any artificial island,

installation, structure, equipment or device therein shall, solely for the

purposes of this Act, be treated as if they were situated in Malta itself.

(2) This Act shall not apply to the content of any

communications, howsoever described, transmitted through any

electronic communications network.

(3)

The provisions of this Act shall be without prejudice to

(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.

(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;

ELECTRONIC C O M M U N I C AT I ON S ( R E GU L AT I O N )

(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.

2. General provisions relating to the role of the Authority and

the rights and obligations of undertakings

Any person shall install or operate any electronic

communications network or provide any electronic

communications service in Malta in compliance with this Act.

An undertaking authorised by or under this Act to operate a

public electronic communications network shall, in addition to

complying with the provisions of this Act and with obligations in

accordance with its authorisation, ensure

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

are sufficient for providing and maintaining an

efficient electronic communications network;

(b) that the network is sufficient for and compatible with

such international electronic communications services

as the Authority may specify;

(c) the security of the network and any extension thereof;

and

(d) that no person shall carry out any works or perform

any other act, or be entrusted to carry out such works

or perform such act, for the construction, repair,

maintenance, alteration or control of any electronic

communications networks and, or equipment unless he

is duly qualified and possesses such qualifications to

carry out such works or perform such act as may be

prescribed in accordance with the provisions of article

47.

An undertaking authorised by or under this Act to provide

a publicly available electronic communications service shall -

(a) provide such services efficiently, complying with the

standards for quality generally accepted in the industry

or as may from time to time be specified by the

Authority;

(b) notify the Authority and publish by notice in the media

when the services are to be interrupted for the

installation or repair or the changing of apparatus;

(c) establish an efficient mechanism for receiving

complaints and repairing failures in its networks and in

the services provided.

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.

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.

(1) Without prejudice to the Electronic Communications

Code, no restrictions shall be imposed or maintained on the

provision of electronic communications services over electronic

communications networks established by an undertaking providing

electronic communications services, over infrastructures provided

by third parties, or by means of sharing networks, other facilities or

sites.

(2 No exclusive or special rights for the establishment and, or

the provision of electronic communications networks, or for the

provision of publicly available electronic communications services

shall be granted or maintained in force.

(Deleted by Act LII.2021.24).

ELECTRONIC C O M M U N I C AT I ON S ( R E GU L AT I O N )

(Deleted by Act LII.2021.24).

3. Access and Interconnection

The Authority shall, acting in accordance with its

objectives as stated in this Act and in the Malta Communications

Authority Act, encourage and where appropriate, ensure, in

accordance with the provisions made by or under this Act, adequate

access and interconnection and interoperability of services in such

a way as to

(a) promote efficiency;

(b) promote sustainable competition;

(c) promote efficient investment and innovation; and

(d) give the maximum benefit to end-users.

(Deleted by Act LII.2021.25).

4. Accounting separation and financial reporting

(Deleted by Act LII.2021.25).

(Deleted by Act LII.2021.25).

(Deleted by Act LII.2021.25).

(Deleted by Act LII.2021.25).

(Deleted by Act LII.2021.25).

(Deleted by Act LII.2021.25).

(Deleted by Act LII.2021.25).

6. Obligations of vertically integrated public undertakings

A vertically integrated undertaking, over which the

Government of Malta or of a Member State has effective control,

which provides electronic communications networks and which is

in a dominant position shall not discriminate in favour of its own

activities.

7. End-user interests and rights

ELECTRONIC C O M M U N I C AT I ON S ( R E GU L AT I O N )

(Deleted by Act LII.2021.26).

(Deleted by Act LII.2021.26).

PART III

LEGAL PROTECTION OF SERVICES BASED ON

OR CONSISTING OF CONDITIONAL ACCESS

(1) In this article

"broadcaster" means the natural or legal person who has editorial

responsibility for the composition of television programme services

for reception by the general public and transmits them, or has them

transmitted, complete and unchanged, by a third party;

"conditional access" means any technical measure or

arrangement permitting access in an intelligible form, and subject

to prior individual authorisation, to one of the services constituting

a protected service;

"conditional access device" means any equipment, software, or

arrangement designed or adapted to give access in an intelligible

form to one of the services constituting a protected service;

"illicit device" means any equipment, software, or arrangement

designed or adapted to give access in an intelligible form to one of

the services constituting a protected service without the

authorisation of the service provider;

"programme service" means all the items within a single service

provided by a given broadcaster;

"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.

(2)

Any person who -

(a) manufactures or produces

illicit

devices

for

commercial purposes; or

(b) imports illicit devices into Malta for commercial

purposes; or

(c) distributes illicit devices in or from Malta for

commercial purposes; or

(d) sells or rents out illicit devices for commercial

purposes; or

(e) is in possession of illicit devices for commercial

purposes; or

(f)

installs, maintains or replaces illicit devices for

commercial purposes; or

(g) commercially promotes, markets or advertises illicit

devices,

shall, on conviction, be liable to imprisonment for a term not

exceeding one year or to a fine (multa) of twenty-five thousand

euro (€25,000) or to both such fine and imprisonment.

(3) In proceedings taken under sub-article (2) the Court shall

order the Commissioner of Police to destroy goods established to

be illicit devices without compensation of any sort to any person

and, where a person is found guilty of infringing the provisions of

sub-article (2) in respect of the said goods, at the cost of that

person.

(4) A provider of a protected service whose interests are

affected by any act mentioned in sub-article (2)(a) to (g) shall have

against the perpetrator of any such act and in respect of such act

(a) a civil action for damages, and

(b) a right to demand a warrant of prohibitory injunction

to obtain provisional protection of his interests, and

(c) a right to demand an order from the competent Court

for the destruction or, if appropriate, the disposal

outside commercial channels of illicit devices.

PART IV

RADIOCOMMUNICATIONS

(1) In this Part

"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;

"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

ELECTRONIC C O M M U N I C AT I ON S ( R E GU L AT I O N )

such radiocommunications apparatus as the Authority may from

time to time in accordance with the provisions of this Part by

decision designate;

"authorisation" includes an individual authorisation or licence

however so described issued under this Part, or any apparatus

general authorisation however so described applicable to any

radiocommunications apparatus as may be provided by or under

this Part;

"broadcast receiving apparatus" means any apparatus used or

capable of being used for the reception of sound or visual image or

of sound and visual image transmissions intended for direct

reception by the general public;

"installed" means radiocomm unications apparatus that is

connected to a source of energy so as to intentionally emit and, or

receive radio waves;

"Part" means this Part of this Act and includes any regulations

made thereunder unless the context otherwise requires;

"radiocommunications" means communications involving the

transmission, emission and, or reception by means of radio waves;

"radiocommunications individual licence" means an individual

licence given in accordance with article 30;

"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.

(2) For the purpose of this Part any apparatus ordinarily used as

a distinctive component part of an apparatus for

radiocommunications shall be deemed to be intended to be so used,

unless the contrary is proved.

(Deleted by Act LII.2021.29).

(Deleted by Act LII.2021.29).

(Deleted by Act LII.2021.29).

(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.

(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 comm ent 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.

ELECTRONIC C O M M U N I C AT I ON S ( R E GU L AT I O N )

(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 the seizure, retention, or

storage 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.

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

the 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.

(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.

No authorisation is required for sound only broadcast

receivers.

The Minister may, after consultation with the Authority, by

order in the Gazette exempt certain categories of apparatus from

the requirements of articles 30 and 30A.

30A.

The Minister may make regulations for the better carrying

out of any of the provisions of this Part and without prejudice to the

general ity of th e aforesaid p ower, such regu latio ns m ay in

particular provide

(a) for the manner in which radiocommunications

apparatus however so described is to be installed, sold,

hired, operated, maintained, protected or controlled,

and in the case of any apparatus seized in accordance

with articles 30 or 32, the manner as to the disposal

and, or storage of any such apparatus;

(b) for the technical standards or specifications to be

observed with respect to any radiocommunications

apparatus;

(c) for

any

aspect

relating

to

the

use

of

radiocommunications by aircrafts and ships, including

merchant ships, foreign warships and foreign military

aircraft;

(d) that any person who contravenes any provision of any

regulations made under this article shall either -

(i)

be guilty of an offence punishable on conviction

of 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

(ii) be guilty of an infringement punishable as an

administrative penalty provided that such

ELECTRONIC C O M M U N I C AT I ON S ( R E GU L AT I O N )

administrative penalties do not exceed twenty

five thousand euro (€25,000) for each

infringement and, or five hundred euro (€500)

for each day during which such infringement

continues

Provided that

(A) the procedure for the imposition of such

administrative penalties shall allow for

the right to be heard to be respected

before any such administrative penalties

are imposed;

(B)

the procedure for the imposition and

contestation of such administrative

penalties shall be that established in respect

of administrative penalties imposed by the

Authority under Part VI of the Malta

Communications Authority Act, and the

relevant provisions of the said Act and of

any regulations made thereunder in

respect of any such procedure shall apply

mutatis mutandis to administrative

penalties imposed by the Minister under

this Part in such a manner that any

reference to the Authority shall be

construed as a reference to the Minister;

(C)

in all cases where the Minister or the

Authority imposes an administrative

penalty in respect of anything done or

omitted to be done by any person and

such act or omission also constitutes a

criminal offence, no proceedings may be

taken or continued against the said person

in respect of such criminal offence;

(e) for any aspect relating to the form, substance and

duration of any radiocommunications individual

licence, the conditions on which such a licence is to be

issued and held, the fees payable thereon and the

nature and character of the apparatus authorised by the

licence which a sea-going Maltese ship may be

required to obtain to keep and use a

radiocommunications installation;

(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;

(g) for any procedures for the out-of-court settlement of

disputes that may arise, including any agreement in

writing that may be entered into with a person accused

of an offence under this Part, and any agreement for

the payment of a fine (multa) in lieu of prosecution for

an offence under this Part, this notwithstanding any

provisions of this Part;

(h) for any matter that may be required for the purpose of

complying with any international obligations of Malta

relating to radiocommunications including those

relating to standards in Malta

Provided that the Minister may, when making any

regulations under this article which relate to standards,

specifications or to matters of a strictly technical nature, make such

regulations in the English language only.

(Deleted by Act LII.2021.36).

PART V

MANAGEMENT OF AND ACCESS TO RADIO SPECTRUM

(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.

(2) This Part regulates all radio spectrum, with the exception of

any radio spectrum expressly regulated under any other law, and

identified as such in the Frequency Plan.

(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;

ELECTRONIC C O M M U N I C AT I ON S ( R E GU L AT I O N )

(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.

(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.

(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.

(Deleted by Act LII.2021.42).

(Deleted by Act LII.2021.42).

(Deleted by Act LII.2021.42).

(Deleted by Act LII.2021.42).

(Deleted by Act LII.2021.42).

(Deleted by Act LII.2021.42).

ELECTRONIC C O M M U N I C AT I ON S ( R E GU L AT I O N )

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.

PART VI

REGULATIONS

(1) The Minister may, either on the recommendation of the

Authority or on his own initiative after consultation with the

Authority, make regulations to give better effect to any of the

provisions of this Act and in particular to

(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;

(b) provide for any requirements that may be imposed on

undertakings to adopt accounting systems as may be

prescribed and to keep such operational, accounting,

financial, statistical and technical records as may be

specified in the regulations, including the provision to

the Authority of such statement, returns and other

information about any company in which an

undertaking has a controlling interest as the Authority

may require for the carrying out of its functions under

this Act;

(c) provide for the conditions applicable to any

authorisations and, or licences however so described,

and returns and reports to be made to the Authority;

(d) regulate the manner in which an electronic

communications

and,

or

radiocommunications

infrastructure or apparatus is to be installed, operated,

maintained, protected or controlled and the technical

standards or specifications to be observed with respect

to such infrastructure or apparatus;

(e) provide for the measures to be taken to ensure

compliance with international and other standards used

in the electronic communications and for the means to

be used and the measures to be adopted to ensure

safety and prevent danger, damage or nuisance in

relation to any aspect of electronic communications;

(f)

regulate the quality and standard of electronic

communications services to be provided, and quality

of service targets and the establishment and

maintenance of an efficient assistance service by

undertakings for users;

(g) provide for the complaint processing procedures to be

implemented by an undertaking;

(h) regulate television and radio distribution services

including must carry rules, and the obligation to make

channel capacity for public, governmental or

educational use;

(i)

provide for any matter relating to the resolution of any

disputes and, or complaints however so described

relating to electronic communications networks or

services including appeals from any decision, and the

procedure to be followed in the resolution of cross-

border disputes;

(j)

regulate the procedure for the resolution of disputes

involving electronic communications networks and, or

services and end-users and the relationship between

the Authority and other public authorities responsible

for the resolution of disputes;

(k) provide for data retention obligations, and for rules

regarding the access by the Authority and by the

Police to data retained by undertakings, and prescribe

measures to be taken by any person for the purpose of

ensuring

the

inviolability

of

electronic

communications transmitted and their confidentiality

and the protection of privacy in relation to any

electronic communications service including data

protection measures in the electronic communications

sector and data protection measures related to the use

of information obtainable in the electronic

communications sector for the purpose of direct

marketing;

(l)

regulate the provision of information between Malta

and the European Union and, or Members States;

ELECTRONIC C O M M U N I C AT I ON S ( R E GU L AT I O N )

(m) regulate and provide for any fees and, or charges

however so described that may be payable to the

Authority;

(n) provide for any matters that may be required for the

purpose of complying with any international

obligations

of

Malta

related

to

electronic

communications in particular for the purpose of

complying with any requirements however so

described of the European Union;

(o) regulate the allocation, assignment and use of radio

spectrum for electronic communications networks and,

or services, including the transfer or lease of rights to

use radio frequencies to other undertakings and the

procedure to be followed;

(p) regulate any matter relating to the regulation,

administration, management and authorisation of radio

spectrum, including any aspect concerning the issue of

authorisations, spectrum trading, the manner in which

radio frequencies and, or apparatus as may be

designated, may be used without the need of an

authorisation, and the fees and conditions that may be

imposed in relation thereto;

(q) empower the Authority to impose administrative

penalties 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 administrative penalties in

accordance with the provisions of this Act and with the

Malta Communications Authority Act;

(r) provide for rules to be applicable in relation to the

imposition of any administrative penalties as may be

made under this article where any person fails to

comply with this Act;

(s) regulate the obligations including financial obligations

of undertakings with regard to legal interception;

(t)

provide for any matter relating to the qualifications

that a person may require in order to carry out any

works or perform any other act relating to

construction, repair, maintenance, alteration or control

of any electronic communications service and, or

network, including the tests to be employed for

ascertaining whether a person possesses these

qualifications;

(ta) regulate activities taking place within an exclusive

economic zone area or environment protection area as

defined in the Exclusive Economic Zone Act;

(u) prescribe punishments for criminal offences against

any regulations made under this Act, including

different fines (multa) for different offences and, or

fines (multa) calculated in accordance with the

duration of the commission of the offence

Provided that any such regulations as may be made

shall not provide for 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 continues;

(v) prescribe anything that may be prescribed under this

Act

Provided that the Minister may, when making any

regulations under this sub-article which relate to standards or to

matters of a strictly technical nature, make such regulations in the

English language only.

(2) Without prejudice to the provisions of article 5A, the

Minister may, after consultation with the Authority, by order in the

Gazette empower any other public authority established by law to

exercise any specific functions under this Act or under any

regulations made thereunder where in the opinion of the Minister it

is deemed appropriate in the particular circumstances for the said

functions to be exercised by another public authority

Provided that in issuing an order under this sub-article the

Minister shall give his reasons therefor.

(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

ELECTRONIC C O M M U N I C AT I ON S ( R E GU L AT I O N )

Provided further that the Authority shall publish any such

amendments giving its reasons therefor.

PART VII

CRIMINAL OFFENCES

(1) Any person who -

(a) constructs, repairs, maintains, alters or controls any

apparatus or installation without having the

qualifications required for that purpose by or under

this Act;

(b) sells or offers for sale or provides or installs or uses

any installation or apparatus which does not conform

with such technical standards or specifications as are

required or established by or under this Act, or which

he knows, or has reasonable cause to believe, to be

defective or incompatible with the services for which

it was sold, provided, installed or used;

(c) provides any electronic communications service or

installs or operates any electronic communications

network or apparatus in breach of any provision of this

Act or in breach of any condition, restriction or

limitation imposed by or under this Act;

(d) uses any electronic communications network or

apparatus supplied by an undertaking for a purpose

other than that for which it was supplied, or neglects to

observe instructions which are issued by an

undertaking for the proper use of the electronic

communications network or apparatus or makes

improper use thereof,

shall be guilty of an offence under this Act and shall, on conviction,

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.

(2) Any person who furnishes information to the Authority or

the Minister which he knows, or has reasonable cause to believe to

be false or misleading, or impedes or obstructs the Authority or the

Minister, in the performance of any functions by or under this Act,

shall be guilty of an offence under this Act, and shall on conviction,

be liable to a fine (multa) not exceeding twenty-five thousand euro

(€25,000) or to imprisonment for a period not exceeding six

months, or to both such fine and imprisonment.

(3) Any person who being a person employed or detailed for

duty with or attached to an undertaking -

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

which he becomes acquainted by reason of his office

to any person not entitled to receive such information;

(b) wilfully alters or suppresses any message or the

designation of the person to whom it is transmitted or

to whom it is addressed, without a good cause;

(c) wilfully omits, delays or obstructs the transmission or

delivery of any message or cancels or destroys any

message or an application for the transmission of any

message without a good cause;

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

person other than the sender or as being addressed to a

person other than the addressee, or an application for

the transmission of a message as having been made by

a person other than the applicant, without good cause;

(e) wilfully cancels or destroys any message not addressed

to him or an application for the transmission of a

message, without good cause; or

(f)

unlawfully withdraws from the control of an

undertaking, or of an individual employed or detailed

for duty with, or attached to, an undertaking, a

message addressed to another person,

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

conviction, to a fine (multa) not exceeding twenty-five thousand

euro (€25,000) or to imprisonment for a period not exceeding six

months, or to both such fine and imprisonment.

(4)

Any person who assaults or obstructs or impedes any

officer, employee or agent of an undertaking in the exercise of his

duties with such undertaking shall be guilty of an offence under

this Act, and shall on conviction be liable to a fine (multa) not

exceeding fifteen thousand euro (€15,000) or to imprisonment for a

period not exceeding three months, or to both such fine and

imprisonment.

(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.

Any person who by means

of

an

electronic

communications network or apparatus -

(a) threatens the commission of any crime; or

(b) with intent to extort money or any other thing, or to

make any gain, or with intent to induce another person

to do or omit from doing any thing, threatens to accuse

or to make a complaint against, or to defame, that or

another person; or

(c) makes any other improper use thereof,

s h a l l b e g u i l t y o f a n o ff e n c e u n d e r t h i s A c t a n d s h a l l , o n

conviction, be liable to a fine (multa) not exceeding twenty five

ELECTRONIC C O M M U N I C AT I ON S ( R E GU L AT I O N )

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; for each day during

which the offence continues

Provided that, without prejudice to the application of any other

law, words or expressions uttered or published on an electronic

communications network or apparatus shall not constitute an offence

against this Act if they are uttered or published as part of artistic,

satirical, comic or cultural expression, of any kind, and do not lead to

credible and realistic threats to the personal liberty or security of any

person or to a person’s property.

Without prejudice to any other provision of this Act the

M i n i s t e r m a y, a f t e r c o n s u l t a t i o n w i t h t h e A u t h o r i t y, m a k e

regulations prescribing punishments for criminal offences against

any regulations made under this Act, and such regulations may

(a) prescribe different fines (multi) for different offences;

(b) prescribe fines (multi) calculated in accordance with

the duration of the commission of the offence

Provided that any such regulations as may be made shall

not provide for 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 continues.

(1) No proceedings for any criminal offence under this

Act other than offences under article 25, under article 48(1)(d) or

under article 49 shall be instituted without the consent of the

Authority or at its request.

(2) Notwithstanding anything contained in the Criminal Code,

an appeal to the court of competent jurisdiction shall lie with the

prosecution against any judgement delivered in any proceedings

with respect to an offence under this Act.

PART VIII

SAVING, TRANSITORY AND EXEMPTIONS

52.(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.

(1)

Kull regolament magħmul jew miżmum fis-seħħ

minn jew taħt xi dispożizzjoni ta’ dan l-Att kif fis-seħħ fil-21 ta’

Diċembru, 2020 u kif ikun għadu fis-seħħ f ’dik id-data għandu,

sakemm ma jiġix provdut xort’oħra taħt jew bis-saħħa ta’ dan l-Att,

ikompli jseħħ u jibqa’ jkollu effett.

(2) Kull direttiva, deċiżjoni jew nomina jkunu kif ikunu deskritti

magħmula mill-Awtorità taħt dan l-Att kif fis-seħħ fil-21 ta’ Diċembru,

2020 u kif ikun għadu fis-seħħ f’dik id-data, għandu jkompli jseħħ

sakemm ma jiġix revokat jew emendat mill-Awtorità.

(Deleted by Act LII.2021.50).

(Deleted by Act LII.2021.50)

(1) The Prime Minister may by order published in the

Gazette exempt from any of the provisions of this Act, any

electronic com munications 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.