MALTA COMMUNICATIONS AUTHORITY ACT

CHAPTER 418

MALTA COMMUNICATIONS AUTHORITY ACT

To provide for the establishment of an Authority to be known as the Malta

Communications Authority and for the exercise by or on behalf of that

Authority of regulatory functions regarding electronic communications,

certain aspects of data protection in electronic communication, postal

services, electronic commerce and similar areas in the field of communications

and to make provision with respect to matters ancillary thereto or connected

therewith.

1st August, 2000

ACT XVIII of 2000, as amended by Acts VII of 2004 and XIII of 2005; Legal

Notice 426 of 2007; Acts XXX of 2007, XII of 2010 and IX of 2011; Legal

Notice 180 of 2012; and Acts VIII of 2014, XVIII of 2016 and Legal Notice 416

of 2018, 39 and 169 of 2019 and 191 of 2022 and Acts XIII of 2019, XXXIII of

2021, * LII of 2021, XVII of 2023 and I of 2024 and Legal Notice 66 of 2024

and 224 of 2025.

PART I

PRELIMINARY

The short title of this Act is the Malta Communications

Authority Act.

(Article 5(2))

In accordance with the provisions of paragraph (b) of the first

proviso to sub-article (2) of article 5, the following public authority

has been delegated to issue the following type of authorization

Name of public authority

Type of authorization

Authority for Transport in Malta

Ship station licences

(individual authorisations)

In this Act, unless the context otherwise requires -

"this Act" means the Malta Communications Authority Act, and

includes any regulations made thereunder unless the context otherwise

requires;

"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;

"authorization" means any authorization including any general

authorization, licence, right to use or permit, however so described,

that a person may hold or be granted under any law which the

Authority is entitled to enforce or administer;

"Authority” me ans the Malta C om m un ica ti on s Au th orit y

established by article 3 and any references in this Act or any other law

to the Authority shall, unless the context otherwise requires, be

construed as including a reference to any person authorised by the

Authority to act for or on its behalf;

"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

*See commencement notice LN 296 of 2021.

(BEREC Office);

"Board" unless the context otherwise requires, means the Board of

the Authority composed of the Chairman and members appointed in

accordance with article 3;

"Chairman" means the Chairman of the Authority and includes, in

the circumstances mentioned in article 3(3), the Deputy Chairman or

other person appointed to act as Chairman;

Civil Court" means the Civil Court (Commercial Section)

established by article 3 of the Civil Courts (Establishment of Section)

Order;

"communications" includes electronic communications, postal

services, data protection in electronic communications, electronic

commerce and such other matters as the Minister may by Order from

time to time prescribe;

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

communications service for purposes which are outside his trade,

business, craft or profession

"contractor" means a person acting in pursuance of an agreement

entered into with the Authority or in accordance with article 5(2);

"decision" includes any directive, determination, direction, licence

condition, measure, requirement or specification however so described

made by the Authority and the word "decision" shall be construed

accordingly;

"directive" means a directive issued by the Authority in terms of

article 4;

"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;

"employee" means a person employed by the Authority;

"end-user" means any person other than an undertaking who uses or

requests a communications service;

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

defined in the Equal Opportunities (Persons with Disability) Act,

whose special needs as an end-user are either due to a disability or to

ageing;

"European Commission" means the Commission of the European

Union;

"financial year" means any period of twelve months ending on the

31st December, so however that the Minister may, after consultation

with the Authority, vary such date;

"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;

"member", unless the context otherwise requires, includes the

Chairman of the Authority;

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

"Minister" means the Minister responsible for communications;

"online interface" means any software, including a website, part of a

website or an application, that is operated by or on behalf of an

undertaking, and which serves to give end-users access to the goods or

services provided by that undertaking;

"public officer" in relation to article 11, has the same meaning

assigned to it by article 124 of the Constitution but does not include a

judge of the Superior Courts or a magistrate of the Inferior Courts;

"qualified entity" means the same as the meaning assigned to it

under article 4 of the Representative Actions (Consumers) Act

2023. "RSPG" means the Radio Spectrum Policy Group established by the

European Commission Decision of 11 June 2019 setting up the Radio

Spectrum Policy Group;

"Tribunal" means the Administrative Review Tribunal established

by article 5 of the Administrative Justice Act;

"undertaking" means a person providing or authorised to provide

communications networks and, or services and, or associated facilities;

and

"user" includes any person who uses or requests any

communications service.

PART II

ESTABLISHMENT, FUNCTIONS AND CONDUCT OF

AFFAIRS OF THE AUTHORITY

(Article 46(2))

The following legislation is being listed in accordance with the

provisions of article 46(2)

(i)

Regulation (EU) 2022/612 of the European Parliament

and of the Council of 6 April 2022 on roaming on public

mobile communications networks within the Union

(recast);

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

and of the Council of the 25 November 2015 laying down

measures concerning open internet access and amending

Directive 2002/22/EC on universal service and users’

rights relating to electronic communications networks

and services and Regulation (EU) No 531/2012 on

roaming on public mobile communications networks

within the Union.

(iii) Regulation (EU) 2018/644 of the European Parliament

and of the Council of 18 April 2018 on cross-border

parcel delivery services;

(iv) Regulation (EU) 2018/302 of the European Parliament

and of the Council of 28 February 2018 on addressing

unjustified geo-blocking and other forms of

discrimination based on customers’ nationality, place of

residence or place of establishment within the internal

market and amending Regulations (EC) No 2006/2004

and (EU) 2017/2394 and Directive 2009/22/EC;

(v) Regulation (EU) 2017/1128 of the European Parliament

and of the Council of 14 June 2017 on cross border

portability of online content services in the internal

market.

(vi) Regulation (EU) 2022/2065 of the European Parliament

and of the Council of 19 October 2022 on a Single

Market for Digital Services and amending Directive

2000/31/EC (Digital Services Act).

(vii) Articles 23, 24, 25, 26, 27, 28, 29, 30, 31, 34 and 35 of

Regulation (EU) 2023/2854 of the European Parliament

and of the Council of 13 December 2023 on harmonised

rules on fair access to and use of data amending

Regulation (EU) 2017/2394 and Directive (EU) 2020/

1818 (Data Act).

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

Communications Authority, the affairs and business of which shall be

carried out by a board composed of a Chairman and not less than four

and not more than six other members, in accordance with the

provisions of article 5.

(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

MALTA COMMUNICATIONS AUTHORITY

vacation or during any vacancy in the post of the Chairman.

(4) A person shall not be qualified to hold office as a member of

the Board if he -

(a) is a Minister, Parliamentary Secretary or a member of the

House of Representatives or of a Local Council; or

(b) is a judge or magistrate of the courts of justice;

(c) has a financial or other interest in any enterprise or

activity which is likely to affect the discharge of his

functions as a member of the Board

Provided that the Minister may waive the disqualification

of a person under this paragraph if such person declares

the interest and the Minister considers that there are valid

reasons for such a waiver

Provided further that if the Minister decides to grant such

waiver, the declaration of the person stating his interest,

the waiver and reasons therefor shall be published in the

Gazette.

(5) Subject to the provisions of this article, the office of a member

of the Board shall become vacant -

(a) at the expiration of his term of office; or

(b) if any circumstances arise that, if he were not a member

of the Board, would cause him to be disqualified for

appointment as such.

(6) A member of the Board may only be removed from office by

the Minister for any one or more of the following reasons

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

any other cause is effectively unable to continue to

discharge his duties as a member;

(b) if the behaviour or performance of the member brings

into question his suitability or ability to continue as a

member, in particular for behaviour that affects or may

affect his reputation, independence or autonomy, or the

reputation, independence or autonomy of the Authority;

(c) if the member has been convicted of a criminal offence

affecting public trust, or of theft or fraud, or of

knowingly receiving property obtained by theft or fraud

or of bribery or of money laundering, provided that the

Minister may suspend the member if he is being

investigated for such a criminal offence; or

(d) if the member fails to perform his duties for a prolonged

period without any valid justification

Provided that notwithstanding the above, it shall be a cause for

the removal of a member if that member for any reason fails to

perform his duties, including attending for Board meetings, for a

continuous period exceeding six months.

(7) (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

Procedure for the hearing and determination of cases shall apply to any

such action.

(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.

(9) Any member of the Board who has any direct or indirect

interest in any contract made or proposed to be made by the Board, not

being an interest which disqualifies such member from remaining a

member, shall disclose the nature of his interest at the first meeting of

the Board after the relevant facts have come to his knowledge, such

disclosure shall then be recorded in the minutes of the Board, and the

member having an interest as aforesaid shall withdraw from any

meetings at which such contract is discussed. Any such disclosure

shall be communicated to the Minister without delay. Where the

interest of the member is such as to disqualify him from remaining a

member, he shall report the fact immediately to the Minister and

tender his resignation.

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.

(1)

It shall be a purpose of the Authority to -

(a) ensure freedom of communication and that

communications shall not be limited except when this is

necessary for any of the following reasons

(i)

the protection of the right to privacy;

(ii)

the defence of national security, territorial integrity

or public safety;

(iii)

the prevention of disorder or crime;

MALTA COMMUNICATIONS AUTHORITY

(iv)

the protection of public health and of the

environment;

(v)

the protection of morals and respect for the dignity

of the human person;

(vi)

the protection of the rights and freedoms of others;

(vii)

the prevention of the disclosure of information

received in confidence;

(viii)

the maintenance of the authority and impartiality

of the judiciary;

(ix)

the technical constraints inherent in the means of

communication;

(b) ensure non-discrimination and equality of treatment in

matters related to communications.

(2) It shall in particular be the duty of the Authority to exercise

such regulatory functions in the field of communications, as may from

time to time be assigned to the Authority by or under an Act of

Parliament.

(3) The Authority shall also, in accordance with the laws it is

entitled to enforce -

(a) regulate, monitor and keep under review all practices,

operations and activities relating to any matter regulated

by or under this Act or any other law which the Authority

is entitled to enforce;

(b) grant any licence, permit or other authorisation, for the

carrying out of any operation or activity relating to any

matter regulated by or under this Act;

(c) regulate and secure interconnectivity for the production,

transmission and distribution of the services, products,

operations or activities relating to any matter regulated

by or under this Act;

(d) ensure fair competition in all such services, products,

operations and activities;

(e) establish minimum quality and security standards for any

of the said services, products, operations and activities

and to regulate such measures as may be necessary to

ensure public and private safety;

(f)

secure and regulate the development and maintenance of

efficient communication systems in order to satisfy, as

economically as possible, all reasonable demands for the

provision of the services, products, operations or

activities relating to any matter regulated by or under this

Act;

(g) carry out studies, research or investigation relating to any

matter regulated by or under this Act;

(h) provide information and issue guidelines to the public

and to commercial entities relating to any matter

regulated by or under this Act;

(i)

regulate the price structure for any activity regulated by

or under this Act and where appropriate to establish the

mechanisms whereby the price to be charged for the

services, products, operations or activities is determined;

(j)

establish guidelines for the minimum qualifications to be

possessed by any person who is engaged or employed in

any activity regulated by or under this Act;

(k) establish measures, as necessary, for the protection of the

environment in the provision of the services, products,

operations or activities relating to any matter regulated by

or under this Act;

(l)

ensure that international obligations entered into by

Malta relative to matters regulated by or under this Act

are complied with;

(m) advise the Minister on the formulation of policy in

relation to matters regulated by or under this Act, and in

particular in relation to such international obligations;

(n) otherwise to advise the Minister on any matter connected

with its functions under this or any other Act;

(o) formulate and implement the policies and strategies with

short-term and long-term objectives in relation to the

matters connected with its functions under this or any

other Act;

(p) encourage the provision of communications services in

Malta and enable persons providing communications

services in Malta to compete effectively in the provision

of such services outside Malta;

(q) encourage users of communications services to establish

places of business in Malta;

(r)

advise the Minister on the planning and development of

the communications industry as well as on the

infrastructure supporting the communications industry;

(s)

promote and advance Malta as a destination for high

value commercial users of communications services and

of information communications technologies to establish

places of business in Malta;

(t)

promote the interests and rights of all users in Malta,

including end-users with disabilities, elderly end-users,

and end-users with special social needs, especially in

respect of the prices charged for, and the quality and

variety of the said services;

(u) monitor and ensure the accessibility of websites and

mobile applications in accordance with the provisions of

this Act;

(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;

(w) perform such other functions, including functions aimed

at promoting the information society, as may from time to

time be assigned to it by the Minister;

(x) manage scarce resources used by space systems for the

provision of satellite communications services;

(4) It shall be the duty of the Authority to carry out its functions as

established by or under this Act or any other law in an impartial and

transparent and timely manner and to ensure compliance therewith,

and without prejudice to the generality of the foregoing, to ensure that

persons providing any services, products, operations and activities in

or from Malta relating to any matter regulated by the Authority,

comply with this Act and with any other law which the Authority is

entitled to enforce, and with any decisions issued by or under this Act

or any such other law.

(5) The Authority shall also have such other functions,

responsibilities and powers as are set out by or under this Act or as

may be assigned to it by or under any other law including all such

powers as are necessary for or incidental to the performance of its

functions by or under this Act or any other law. The Authority shall in

the carrying out of its functions seek to ensure that the measures taken

are proportionate having regard also to the objectives of the Authority.

(6) The Authority may issue such directives as it may consider to

be necessary for the carrying into effect of or compliance with any of

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

entitled to enforce, or any decisions that the Authority may make in

accordance with its functions under this Act or any other law and it

may amend or revoke such directives.

(7) Any directive issued by the Authority in accordance with this

article and any amendment or revocation thereof shall be in writing,

state the reasons on which it is based and shall be notified to the person

concerned. The Authority may also publish any such directive in such

manner as it may consider appropriate in the circumstances due

account being taken of the importance of the directive and its impact

on the market.

(8) The Authority shall, where it considers appropriate, consult

with the various competent authorities responsible for competition

issues and consumer affairs and for such other areas as may impact on

the sectors regulated by the Authority on matters of common interest

in connection with the application of this Act and of any other law that

the Authority is entitled to enforce.

(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 that it has at law,

the Authority may require any person to 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.

(11) Any information required by the Authority under sub-article

(10) shall be proportionate to the performance of its functions and

obligations under this Act and in requiring any information as

aforesaid, the Authority shall state why it requires the information

requested.

(12) A person who is notified with a requirement under sub-article

(10) shall comply promptly with the requirement within the timescales

and according to any level of detail as may be required by the

Authority

Provided that any such person shall, in complying with the

provisions of this sub-article, state clearly to the Authority if any

information provided by him is to be considered as confidential for

commercial reasons. In doing so he shall give his reasons to the

Authority. It shall be the Authority which shall decide whether the

information indicated to it as being confidential should be so treated

Provided further that the provisions of this sub-article relating

to confidentiality shall apply to any information provided to the

Authority for whatever reason whether under this Act or any other law

the Authority is entitled to enforce.

(13) The Authority shall, subject to the protection of any

information which it considers confidential, publish from time to time

such information as would, in the opinion of the Authority, contribute

to an open and competitive market.

(1) Except in relation to -

(a) any dispute or complaint however so described being

dealt with in accordance with this Act or any other law

which the Authority is entitled to enforce; or

(b) the exercise of any enforcement powers of the Authority

under this Act, or under any other law which the

Authority is entitled to enforce; or

(c) cases where the Authority considers that there is an

urgent need to act to safeguard competition and protect

the interests of users in accordance with European Union

law,

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.

(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.

(3) The Authority shall publish its consultation procedures and

shall establish a single information point through which all current

consultations can be assessed.

(4) The result of any consultations under this article shall be made

publicly available by the Authority through such means as the

Authority considers appropriate in the circumstances, except in the

case of confidential information, in accordance with European Union

and national rules on commercial confidentiality.

(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.

Without prejudice to national rules in 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

Authority, may promote cooperation between 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.

The Authority shall comply with European Union and

national data protection rules when processing personal data.

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.

(1)

Subject to the other provisions of this Act, the affairs

and business of the Authority shall be the responsibility of the Board,

but save as aforesaid, the day-to-day administration and organisation

of the Authority, and the administrative control of its officers and

employees shall be the responsibility of the Chief Executive Officer of

the Authority who shall also have such other powers as may from time

to time be delegated to him by the Board

Provided that the Chief Executive Officer shall be appointed

by the Board according to set criteria following a call for applications.

Any such appointment shall be for a period of three years, which

appointment may be extended for further periods of three years each.

(2)

Without prejudice to sub-article (1), the Authority shall

exercise any one or more of its functions through the Chief Executive

Officer or any of its officers or employees or through a public

authority or agency, however so described, authorized for that purpose,

or through a contractor or other person with whom an agreement for

the performance of any one or more of such functions has been entered

into

Provided that nothing in this sub-article shall authorize the

Authority to contract out or delegate any of

(a)

its regulatory functions; or

(b) its authorization functions, unless such functions are

expressly delegated to a public authority established by

law. The First Schedule to this Act shall state by name

the public authority to whom such authorization

functions are delegated and the type of authorization in

relation to which such authorization functions are

delegated. The Authority may, from time to time, after

approval in writing by the Minister, by order in the

Gazette amend the First Schedule

Provided further that the Minister, before giving his

approval, shall, where appropriate, consult with such other Minister as

may be responsible for the public authority to whom such

authorization functions are to be delegated.

(3)

The Authority shall have adequate technical, financial and

human resources to carry out its functions under this Act and under

any other applicable laws which the Authority is entitled to enforce. It

shall have the autonomy in the implementation of its budget in

accordance with applicable legislation, which budget shall be made

public.

(4)

The Chief Executive Officer shall attend all the meetings of

the Board but shall not vote at such meetings.

(5)

The Chief Executive Officer shall be responsible for the

implementation of the objectives of the Authority in the exercise of its

functions at law, as set out by the Board, and without prejudice to the

generality of the foregoing he shall

(a) have full responsibility for the overall administration,

supervision and control of the various components,

however so described, making up the Authority;

(b) develop the necessary strategies for the implementation

of the objectives of the Authority and implement such

strategies as directed by the Board;

(c) advise the Board on any matter it may refer to him or any

matter he considers necessary or expedient;

(d) perform such other duties as the Board may assign to him

from time to time; and

(e) at the end of each financial year, present estimates of the

income and expenditure of the Authority for the

following financial year to the Board for its approval.

(6)

The appointment of the Chief Executive Officer shall be on

a full-time basis and shall be made in accordance with the applicable

provisions of this Act

Provided that no member of the Board may be appointed as the

Chief Executive Officer whilst he is a member of the Board.

(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.

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.

(1) The Authority shall be a body corporate having a distinct

legal personality and shall be capable, subject to the provisions of this

Act, of entering into contracts, of acquiring, holding and disposing of

any kind of property for the purposes of its functions, or suing and

being sued, and of doing all such things and entering into all such

transactions as are incidental or conducive to the exercise or

performance of its functions under this Act, including the lending or

borrowing of money.

(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.

(3) Any document purporting to be an instrument made or issued

by the Authority and signed by the Chairman, or such other member of

the Board, the Chief Executive Officer, if any, or officer of the

Authority as may by the Board, in accordance with sub-article (2), be

vested with the legal representation of the Authority, shall be received

in evidence and shall, until the contrary is proved, be deemed to be an

instrument made or issued by the Authority.

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

Chairman as often as may be necessary but at least once a month either

on his own initiative or at the request of any two of the other members

of the Board.

(2) Half the number of members for the time being constituting

the Board shall form a quorum. Decisions shall be adopted by a simple

majority of the votes of the members present and voting. The

Chairman, or in his absence the Deputy Chairman or other person

appointed to act as chairman, shall have an initial vote and in the event

of an equality of votes, a casting vote. Without prejudice to the other

requirements of this Act, no decision shall be valid which is not

supported by at least two members of the Board.

(3) Subject to the provisions of this Act the Board may regulate

its own procedure.

(4)

Subject to the foregoing provisions of this article, no act or

proceeding of the Authority shall be invalidated merely by reason of

the existence of any vacancy among the members of the Board.

(5) All acts done by any person acting in good faith, as a member

of the Board shall be valid as if he were a member notwithstanding

that some defect in his appointment or qualification be afterwards

discovered. No act or proceeding of the Authority shall be questioned

on the ground of the contravention, by a member, of the provisions of

article 3(9).

PART III

OFFICERS AND EMPLOYEES OF THE AUTHORITY

Without prejudice to the other provisions of this Act, the

appointment of officers and other employees of the Authority shall be

made by the Authority. The terms and conditions of employment shall

be established by the Authority without prejudice to any supervision,

however so described, that may be undertaken in accordance with the

Constitution of Malta.

The Authority shall appoint and employ, at such remuneration

and upon such time terms and conditions as it may determine, such

officers and employees of the Authority as may from time to time be

necessary for the due and efficient discharge of the functions of the

Authority.

(1) The Prime Minister may, at the request of the Authority,

from time to time direct that any public officer shall be detailed for

duty with the Authority in such capacity and with effect from such

date as may be specified in the direction of the Prime Minister.

(2) The period during which a direction as aforesaid shall apply to

any officer specified therein, shall, unless the officer retires from the

public service, or otherwise ceases to hold office at an earlier date, or

unless a different date is specified in such direction, cease to have

effect after one year from the effective date of such direction unless

the direction is revoked earlier by the Prime Minister.

(1) Where any officer is detailed for duty with the Authority

under any of the provisions of article 11, such officer shall, during the

time in which such direction has effect in relation to him, be under the

administrative authority and control of the Authority but he shall for

other intents and purposes remain and be considered and treated as a

public officer.

(2) Without prejudice to the generality of the foregoing, an officer

detailed for duty as aforesaid -

(a)

shall not during the time in respect of which he is so

detailed -

(i)

be precluded from applying for a transfer to a

department of the Government in accordance with

the terms and conditions of service attached to the

appointment under the Government held by him at

a date on which he is so detailed for duty; or

(ii)

be so employed that his remuneration and

conditions of service are less favourable than those

which are attached to the appointment under the

Government held by him at the date aforesaid or

which would have become attached to such

appointment, during the said period, had such

officer not been detailed for duty with the

Authority; and

(b) shall be entitled to have his service with the authority

considered as service with the Government for the

purposes of any pension, gratuity, or benefit under the

Pensions Ordinance and the Widows and Orphans’

Pensions Act and of any other right or privilege to which

he would be entitled, and liable to any liability to which

he would be liable, but for the fact of his being detailed

for duty with the Authority.

(3) Where an application is made as provided in sub-article

(2)(a)(i) the same consideration shall be given thereto as if the

applicant had not been detailed for service with the Authority.

(4) The Authority shall pay to the Government such contributions

as may from time to time be determined by the Minister responsible

for finance in respect of the cost of pensions and gratuities earned by

an officer detailed for duty with the Authority as aforesaid during the

period in which he is so detailed.

(1) The Authority may, with the approval of the Prime

Minister, offer to any officer detailed for duty with the Authority under

any of the provisions of article 11 permanent employment with the

Authority at a remuneration and on terms and conditions not less

favourable than those enjoyed by such officer at the date of such offer.

(2) The terms and conditions comprised in any offer made as

aforesaid shall not be deemed to be less favourable merely because

they are not in all respects identical with or superior to those enjoyed

by the officer concerned at the date of such offer, if such terms and

conditions, taken as a whole, in the opinion of the Prime Minister offer

substantially equivalent or greater benefits.

(3) Every officer who accepts permanent employment with the

Authority offered to him, under the provisions of sub-article (1) shall

for all purposes other than those of the Pensions Ordinance and of the

Widows’ and Orphans’ Pensions Act, and saving the provisions of

sub-article (6), be deemed to have ceased to be in service with the

Government and to have entered into service with the Authority on the

date of his acceptance, and for the purposes of the said Ordinance and

of the said Act, so far as applicable to him, service with the Authority

shall be deemed to be service with the Government within the

meanings thereof respectively.

(4) Every such officer as aforesaid who, immediately before

accepting permanent employment with the Authority was entitled to

benefit under the Widows’ and Orphans’ Pensions Act, shall continue

to be so entitled to benefit thereunder to all intents as if his service

with the Authority were service with the Government.

(5) The Authority shall pay to the Government such contributions

as may from time to time be determined by the Minister responsible

for finance in respect of the cost of pensions and gratuities earned by

an officer who has accepted performance of employment with the

Authority as aforesaid during the period commencing on the date of

such officer’s acceptance.

(6)

(a) For the purposes of this article posts and salary grades

with the Authority shall be classified in the most nearly

corresponding grades and incremental levels in the

service under the Government of Malta by reference to

job description, skills, responsibilities and other

analogous factors.

(b) The classification referred to in paragraph (a) shall be

carried out by a board composed of a chairman appointed

by the Ministry responsible for finance and two other

members, one appointed by the Ministry responsible

centrally for personnel policies in the public service and

one appointed by the Authority. The classification shall

be subject to the final approval of the Minister

responsible for finance.

(c) Such classification shall take place within three months

of any adjustment of salaries of employees in

Government service and, or, of employees of the

Authority.

(d) No post shall be classified in a grade higher than that of a

Grade 3 in the service of the Government or such other

grade that the Minister responsible for finance may from

time to time by notice in the Gazette determine.

(e) Without prejudice to article 113 of the Constitution, no

person may, following a classification as aforesaid, be

entitled to rights under the said Pensions Ordinance less

favourable than those to which he would have been

entitled prior to such classification.

PART IV

FINANCIAL PROVISIONS

(1) Without prejudice to the following provisions of this

article, the Authority shall so conduct its affairs that the expenditure

required for the proper performance of its functions shall, as far as

practicable, be met out of its revenue.

(2) For such purpose the Authority shall levy all fees, rates and

other payments prescribed or deemed to be prescribed by or under this

Act or any other law related to the powers and functions of the

Authority.

(3)

The Authority shall also be paid by Government out of the

Consolidated Fund such sums as Parliament may from time to time

authorise to be appropriated to meet the costs of specified works to be

continued or otherwise carried out by the Authority

Provided that any subvention received from Government shall

be exempted from any liability for the payment of income tax and duty

on documents under any law for the time being.

(4) Any excess of revenue over expenditure shall, subject to such

directives as the Minister, after consultation with the Minister

responsible for finance, may from time to time give, be applied by the

Authority to the formation of reserve funds to be used for the purposes

of the Authority; and without prejudice to the generality of the powers

given to the Minister by this sub-article, any direction given by the

Minister as aforesaid may order the transfer to the Government, or the

application in such manner as may be specified in the direction, of any

part of the fees, rates and other payments levied in accordance with

sub-article (2) or any such excess as aforesaid.

(5) Any funds of the Authority not immediately required to meet

expenditure may be invested by the Authority in such manner as may

from time to time be approved by the Minister.

(1) For the purpose of carrying out any of its functions under

this Act, the Authority may, with the approval in writing of the

Minister given after consultation with the Minister responsible for

finance, borrow or raise money in such manner, from such person,

body or authority, and under such terms and conditions as the Minister,

after consultation as aforesaid, may in writing approve.

(2) The Authority may also, from time to time, borrow, by way of

overdraft or otherwise, such sums as it may require for carrying out its

functions under this Act

Provided that for any amount in excess of one hundred and

fifty thousand euro (€150,000), there shall be required the approval of

the Minister in writing.

The Minister responsible for finance may, after consultation

with the Minister, make advances to the Authority of such sums as he

may agree to be required by the Authority for carrying out any of its

functions under this Act, and may make such advances on such terms

and conditions as he may, after consultation as aforesaid, deem

appropriate. Any such advance may be made by the Minister

responsible for finance out of the Consolidated Fund, and without

further appropriation other than this Act, by warrant under his hand

authorising the Accountant General to make such advance.

(1) The Minister responsible for finance may, for any

requirements of the Authority of a capital nature, contract or raise

loans, or incur liabilities, for such periods and on such terms and

conditions as he may deem appropriate; and any sums due in respect of

or in connection with any such loan or liability shall be a charge on the

Consolidated Fund.

(2) Notice of any loans, liabilities or advances made or incurred

under the foregoing provisions of this article shall be given to the

House of Representatives as soon as practicable.

(3) Pending the raising of any such loan as is mentioned in sub-

article (1), or for the purpose of providing the Authority with working

capital, the Minister responsible for finance may, by warrant under his

hand, and without further appropriation other than this Act, authorise

the Accountant General to make advances to the Authority out of the

Treasury Clearance Fund under such terms as may be specified by the

Minister upon the making thereof.

(4) The proceeds of any loan raised for the purposes of making

advances to the Authority, and any other moneys to be advanced to the

Authority under this article, shall be paid into a fund specially

established for the purpose and which shall be known as the "Malta

Communications Authority Loan Fund".

(5) Sums received by the Accountant General from the Authority

in respect of advances made to the Authority under sub-article (3) shall

be paid, as respects of amounts received by way of repayment into the

Treasury Clearance Fund and, as respects of amount received by way

of interest into the Consolidated Fund.

(1) The Authority shall cause to be prepared in every

financial year, and shall not later than six weeks after the end of each

such year adopt, estimates of the income and expenditure of the

Authority for the next following financial year

Provided that the estimates for the first financial year of the

Authority shall be prepared and adopted within such time as the

Minister may by notice in writing to the Authority specify.

(2) In the preparation of such estimates the Authority shall take

account of any funds and other monies that may be due to be paid to it

out of the Consolidated Fund during the relevant financial year,

whether by virtue of this Act or an appropriation Act or of any other

law; and the Authority shall so prepare the said estimates as to ensure

that the total revenues of the Authority are at least sufficient to meet all

sums properly chargeable to its revenue account including, but without

prejudice to the generality of that expression, depreciation.

(3) The estimates shall be made out in such form and shall

contain such information and such comparison with previous years as

the Minister responsible for finance may direct.

(4) A copy of the estimates shall, upon their adoption by the

Authority, be sent forthwith by the Authority to the Minister and to the

Minister responsible for finance.

(5) The Minister shall, at the earliest opportunity and not later

than six weeks after he has received a copy of the estimates from the

Authority, approve the same with or without amendment after

consultation with the Minister responsible for finance.

(1) No expenditure shall be made or incurred by the

Authority unless it has been approved by the Minister as provided in

article 18.

(2)

Notwithstanding the provisions of sub-article (1) -

(a) until the expiration of six months from the beginning of a

financial year, or until the approval of the estimates for

that year by the Minister, whichever is the earlier date,

the Authority may make or incur expenditure for carrying

on its functions under this Act not exceeding in the

aggregate one-half of the amount approved by the

Minister for the preceding financial year;

(b) expenditure approved in respect of a head or sub-head of

the estimates may, with the approval of the Minister

given after consultation with the Minister responsible for

finance, be made or incurred in respect of another head or

sub-head of the estimates;

(c) in respect of the first financial year, the Authority may

make or incur expenditure not exceeding in the aggregate

such amounts as the Minister responsible for finance

may, after consultation with the Minister, allow;

(d) if in respect of any financial year it is found that the

amount approved by the Minister is not sufficient or a

need has arisen for expenditure for a purpose not

provided for in the estimates, the Authority may adopt

supplementary estimates for approval by the Minister and

in any such case the provisions of this Act applicable to

the estimates shall as near as practicable apply to the

supplementary estimates.

The Minister shall, at the earliest opportunity and not later

than eight weeks after he has received a copy of the estimates and

supplementary estimates of the Authority, or if at any time during that

period the House of Representatives is not in session, within eight

weeks from the beginning of the next following session, cause such

estimates to be laid on the Table of the House of Representatives.

(1) The Authority shall cause to be kept proper accounts and

other records in respect of its operations, and shall cause to be

prepared a statement of accounts in respect of each financial year.

(2) The accounts of the Authority shall be audited by an auditor

or auditors to be appointed by the Authority and approved by the

Minister

Provided that the Minister responsible for finance may, after

consultation with the Minister, require the books and accounts of the

Authority to be audited or examined by the Auditor General who shall

for the purpose have the power to carry out such physical checking and

other certifications as he may deem necessary.

(3) After the end of each financial year, and not later than the date

on which the estimates of the Authority are forwarded to the Minister

under article 18, the Authority shall cause a copy of the statement of

account duly audited to be transmitted to the Minister and to the

Minister responsible for finance together with a copy of any report

made by the auditors on that statement or on the accounts of the

Authority.

(4) The Minister shall, at the earliest opportunity and not later

than eight weeks after he has received a copy of every such statement

and report, or if at any time during that period the House of

Representatives is not in session, within eight weeks from the

beginning of the next following session, cause every such statement

and report to be laid on the Table of the House of Representatives.

(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.

(4)

The Authority shall also make provision with respect to -

(a) the manner in which and the officer or officers by whom

payments are to be authorised or approved;

(b) the title of any account held with the bank or banks into

which the monies of the Authority are to be paid, and the

transfer of funds from one account to the other;

(c) the method to be adopted in making payments out of

funds of the Authority;

and generally with respect to any matter which is relevant to the proper

keeping and control of the accounts and books, and the control of the

finance, of the Authority.

(Deleted by Act LII.2021.68).

(1) The Authority shall, not later than thirteen weeks after the

end of each financial year, make and transmit to the Minister and to the

Minister responsible for finance a report dealing generally with the

activities of the Authority during that financial year and containing

such information relating to the proceedings and policy of Authority as

either of the said Ministers may from time to time require. The

Minister shall, at the earliest opportunity and not later than eight

weeks after he has received a copy of every such report, or if at any

time during that period the House of Representatives is not in session,

within eight weeks from the beginning of the next following session,

cause a copy of every such report to be laid on the Table of House of

Representatives.

(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.

PART V

TRANSFER OF CERTAIN ASSETS TO THE AUTHORITY

25.(1)(a) The property and undertakings owned by the Government

and used by it, immediately before the date of the coming

into force of this Part of this Act, and used by it for the

operation of any of the functions which by this Act are

being transferred to or vested in the Authority shall, on

the date aforesaid, by virtue of this Act and without

further assurance, be transferred to and vested in the

Authority under the same title by which they were held by

the Government immediately before the said date. The

provisions of this paragraph shall not apply to immovable

property.

(b) The immovable assets from time to time specified in an

Order made by the President of Malta and published in

the Gazette (hereinafter referred to as "the immovable

assets") being immovable assets which immediately

before the coming into force of this Part of this Act were

owned by the Government and used by it for the

operation of any of the functions which by this Act are

being transferred to or vested in the Authority, shall, with

effect from such day as may be specified in any such

order, and by virtue of this Act and without any further

assurance be transferred to and vested in the Authority

under the same title by which they were held by the

Government before such day.

(2) The transfer and vesting aforesaid shall extend to the whole of

such property and undertakings and, without prejudice to the

generality aforesaid, shall include all plant, equipment, apparata,

instruments, vehicles, craft, buildings, structures, installations, land,

roads, works, stocks and other property, movable or immovable,

assets, powers, rights and privileges and all things necessary or

ancillary thereto which are held or enjoyed in connection therewith or

appertaining thereto, as well as all obligations affecting or relating to

any of the aforesaid property or undertakings or other thing included

therein as aforesaid.

Subject to the provision of this Act, all laws, rules,

regulations, orders, judgements, decrees, awards, deeds, bonds,

contracts, agreements, instruments, documents, warrants and other

arrangements, subsisting immediately before the date of the coming

into force of this Part of this Act affecting or relating to any of the

properties or undertakings transferred to the Authority by or under this

Act shall have full force and effect against or in favour of the

Authority, and shall be enforceable freely and effectually, as if instead

of the Government or governmental authority the Authority had been

named therein or had been a party thereto, and otherwise in

substitution of the Government or governmental authority.

(1) When anything has been commenced by or under the

authority of the Government prior to the date of the coming into force

of this Part of this Act and such thing relates to any of the properties or

undertakings or any right or liability transferred to the Authority by or

under this Act, such thing may be carried on and completed by or as

authorised by the Authority.

(2) Where immediately before the coming into force of this Part

of this Act, any legal proceedings are pending to which the

Government is or is entitled to be a party, and such proceedings are

related to any of the properties or undertakings, or any right or liability

transferred by or under this Act, the Authority shall, as from the date

aforesaid, be substituted in such proceedings for the Government, or

shall be made a part thereto in like manner as the Government could

have become, and such proceedings shall not abate by reason of the

substitution.

(3) The Minister may by order make such incidental,

consequential and supplemental provisions as he may deem necessary

or expedient for the purpose of determining, as appropriate, the assets

transferred to the Authority by this Act and securing and giving full

effect to the transfer of any property or undertaking or any right or

liability to the Authority by this Act and make such orders as may be

necessary to make any powers and duties exercisable by the

Government in relation to any of the transferred property or

undertakings exercisable by or on behalf of the Authority.

(Deleted by Act VIII. 2014.26).

PART VI

ENFORCEMENT AND SANCTIONS

(1) For the purposes of the exercise by the Authority of any

of its functions under this Act or any other law the Authority is entitled

to enforce, the Authority may

(a) enter, at any reasonable time, any premises other than a

place of residence, or any other place or any vehicle,

vessel or aircraft where any activity regulated by or under

this Act or any other law which the Authority is entitled

to enforce, takes place, or in the opinion of the Authority

takes place, and search and inspect the premises, place,

vehicle or vessel and any books, documents or records

found therein;

(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;

(c) require any person to produce for inspection and take

extracts from any books, documents or records relating to

any activities regulated by or under this Act or any other

law which the Authority is entitled to enforce, which are

under the control of that person and, in the case of

information in a non-legible form to reproduce it in a

legible form, and to give to the Authority such

information as the Authority may reasonably require in

relation to any entries in such books, documents or

records;

(d) remove and retain such books, documents or records for

such period as may be reasonable for further

examination;

(e) require any person to maintain such books, documents or

records for such period as may be reasonable as the

Authority directs;

(f)

require any person to give to the Authority any

information that may be required with regard to any

activities regulated by or under this Act or any other law

the Authority is entitled to enforce;

(g) make such inspections including site inspections to

enable the Authority to carry out its functions at law and

in doing so the Authority may also undertake tests and

measurements of any machinery, apparatus, appliances

and other equipment at any place as the Authority may

consider necessary;

(h) require any person to switch off, modify, or desist from

the use of, any radiocommunications apparatus which

does not comply with any radiation emission standards

adopted and published by the International Commission

on Non-Ionising Radiation Protection (ICNIRP) or any

other international standards as may be adopted from

time to time, or which may cause harmful interference, or

is in breach of any requirement established by or under

the Electronic Communications (Regulation) Act or of

any radiocommunications authorisation or licence

condition;

(i)

purchase goods or services as test purchases, where

necessary, under a cover identity, in order to detect

infringements of any provisions of this Act or of any

other law which the Authority is empowered to enforce,

or of any decision taken by the Authority, and to obtain

evidence, including the power to inspect, observe, study,

dissemble or test goods or services;

Provided that where the person concerned fails to abide

with any requirements made by the Authority under this

paragraph, the Authority may then take any such

measures as it may consider appropriate in the

circumstances including the switching

off

or

modification of the use of any such apparatus;

(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.

(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.

(3) Any officer of the Authority or any other person duly

authorised by the Authority to act on its behalf when exercising a

power conferred by this Act or by any other law which the Authority is

entitled to enforce, shall produce for inspection by any person thereby

affected, an identification document issued by the Authority which

also states that he is duly authorised to act for and on behalf of the

Authority.

(4) In the course of the exercise of any of the powers conferred by

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

the Authority may request the assistance of the Police.

(5) The Directors and managers, by whatever name designated, or

any other persons who are or have been in charge of the operations or

activities falling under the supervisory or regulatory functions of the

Authority shall assist and shall collaborate with the Authority in order

to enable it to discharge its functions, and shall collate and transmit

without any undue delay such information and documentation as the

Authority may reasonably request from time to time.

(6)

Any person who -

(a) obstructs, impedes or assaults an officer of the Authority

or any other person duly authorised by the Authority to

act on its behalf in the exercise of any of the powers

conferred by this Act or by any other law which the

Authority is entitled to enforce;

(b) fails or refuses to comply with a requirement under this

article;

(c) alters, suppresses or destroys any books, documents or

records which the person concerned has been required to

produce, or may reasonably expect to be required to

produce;

(d) falsely represents himself to be an officer of the

Authority or a person authorised by the Authority to act

on its behalf; or

(e) furnishes any information to the Authority which it may

require in the exercise of its functions under any law it is

entitled to enforce, which he knows, or has reasonable

cause to believe to be false or misleading,

shall be guilty of an offence against 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 three months,

or to both such fine and imprisonment.

(1) Except where otherwise provided by law, a person shall

not knowingly disclose confidential information obtained by him

while performing the duties of a member of the Board, or of an officer

or employee of the Authority or of an adviser or consultant to the

Authority, unless he is duly authorised by the Authority to do so

Provided that any such person shall remain bound by the

requirements of this article even after his appointment or employment,

howsoever described, with the Authority has come to an end.

(2) In this article "confidential information" means any

information however so described which is considered by the

Authority to be confidential and in relation to which the Authority has

notified the persons concerned of their duty of non-disclosure.

(3) A person who contravenes this article shall be guilty of an

offence against this Act and shall on conviction be liable to a fine

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

(4) Nothing in this article shall prevent the disclosure of any

information to the Authority or, by or on behalf of the Authority to the

Minister or as may be required at law.

(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 penalty in accordance

with the provisions of this article and of articles 32 and

33;

(b) issue a compliance order requiring the cessation of any

act or omission which is in breach;

(c) issue a compliance order requiring 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) issue a compliance order requiring 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.

(3) In all cases where the Authority imposes an administrative

penalty in respect of anything done or is 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.

(1)

A qualified entity may apply to the Authority for the

issue of a compliance order where it requests any of the measures

listed in article 31(1)(b), (c) or (d). In doing so a qualified entity shall

submit a written application to the Authority whereby it shall satisfy

the Authority that it tried to achieve the cessation of the infringement

in consultation with the person against whom the compliance order is

being sought or with both such a person and another qualified entity of

the Member State in which the compliance order or a similar measure

is being sought.

(2)

The Authority shall only consider an application made in

accordance with sub-article (1) if the qualified entity shows to the

satisfaction of the Authority that

(a)

the cessation of the infringement was not

achieved within two (2) weeks after the request for consultation

was received by the person against whom such compliance

order is being sought; and

(b)

the application relates to an infringement that

harms or may harm the collective interests of consumers.

(3)

It shall be at the discretion of the Authority to decide

whether or not to issue any such compliance order subsequent to a

written application by a qualified entity to it

Provided that if the Authority decides not to issue any such

compliance order after an application has been made to it, the

Authority shall, within two (2) working days from the date of its

decision not to issue any such compliance order, notify in writing the

qualified entity concerned and the person against whom the aforesaid

measure was sought, with its decision stating the reasons thereof.

(4)

The Authority shall decide any application by a qualified

entity under sub-article (1) within sixty (60) days of its receipt by the

Authority.

(5)

In order for a qualified entity to seek the issue of a

compliance order by the Authority, it shall not be necessary for the

individual consumers to express their wish to be represented by that

qualified entity.

(6)

A qualified entity in seeking the issue of a compliance order

by the Authority shall not be required to prove

(a) actual loss or damage on the part of the individual

consumers affected by the infringement of the law

enforced by the Authority in relation to which a

compliance order is being requested; or

(b) intent or negligence on the part of the person against

whom the compliance order is being requested.

(7) The Authority shall dismiss any manifestly unfounded

applications by a qualified entity made to it under this article. In doing

so the Authority shall in all instances give its reasons for doing so.

(1) Unless otherwise provided by or under this Act, the

Authority shall before proceeding to take any of the measures under

article 31 write to the person concerned, warning him of the measure

that may be taken and the specific reason why it may be taken,

requiring him to cease or rectify his acts or omissions and, or to make

his submissions thereto within such period not being less than fifteen

days which period, without prejudice to the provisions of sub-article

(4), may be abridged if the Authority considers that the continuance of

the infringement impacts negatively the effective exercise by the

Authority of its regulatory functions and, or warrants the immediate

intervention of the Authority

Provided that where the measure is an administrative penalty

the person concerned shall also be informed of the amount of the

administrative penalty

Provided further that when issuing a warning under this sub-

article, the Authority may impose such conditions as it may consider

reasonable in the circumstances.

(2) If the person concerned remedies the infringement within the

period established by the Authority in accordance with sub-article (1),

and agrees in writing to abide with any condition that the Authority

may impose, the Authority may at its discretion desist from proceeding

any further, this without prejudice to any regulatory measures that may

have already been imposed.

(3) If after the lapse of the period mentioned in sub-article (1), the

Authority considers that the person concerned has not given any valid

reasons to demonstrate why no measure should be taken against him,

the Authority shall notify the person concerned in writing, specifying

the nature of the infringement, stating the measure being taken, and if

the measure is an administrative penalty, stating the amount of the

administrative penalty being imposed.

(4) Notwithstanding the provisions of sub-article (1), where the

Authority has prima facie evidence that the infringement -

(a) represents an immediate and serious threat to public

safety, public security or public health; or

(aa) represents the risk of serious harm for the purposes of

Regulation (EU) 2022/2065 of the European Parliament

and of the Council of 19 October 2022 on a Single Market

for Digital Services and amending Directive 2000/31/EC,

(Digital Services Act); or

(b) creates or may create serious economic or operational

problems for other providers or users of communications

services or networks, or other users of radio spectrum; or

(c) would result in significant harm to competition in the

electronic communications market, pending compliance

with access obligations imposed following a market

analysis carried out in accordance with the Electronic

Communications (Regulation) Act or any regulations

made thereunder,

the Authority may take urgent interim measures to remedy the

situation in advance of reaching a final decision, including ordering

the immediate cessation of the act or omission giving cause to the

infringement, requiring the cessation or delay of provision of a service

or bundle of services, and the imposition of administrative penalties

Provided that the person against whom such measures are

contemplated, shall, thereafter, be given a reasonable opportunity to

state his view and propose any remedies

Provided further that the interim measures shall be valid for a

maximum of three months, subject to extension for a further period of

three months, in circumstances where enforcement procedures have

not been completed.

(5) The notification as referred to in sub-article (3) shall, upon the

expiry of the time limit for appeal therefrom, upon the service of a

copy thereof by means of a judicial act on the person indicated in the

notice, constitute an executive title for all effects and the purposes of

Title VII of Part I of Book Second of the Code of Organization and

Civil Procedure

Provided that if the person against whom the notice has been

issued, files an appeal before the Tribunal within the twenty day period

referred to under article 38, and concurrently with or before the filing

of his appeal requests the Tribunal to suspend the effects of the notice,

then the Authority shall desist from issuing a judicial act as referred to

in this sub-article until such time as the request for suspension has

been determined, withdrawn or otherwise dealt with

Provided further that the Tribunal shall determine any requests

for suspension referred to in this sub-article expeditiously. Before

determining any such request the Tribunal shall give the Authority a

reasonable opportunity to reply and make its submissions.

(6) Interest at the rate of eight per cent per annum shall run as

from the date set by the Authority for the payment of any

administrative penalty imposed by it in terms of this Act. In cases

where the Tribunal or the Court of Appeal, as the case may be, after

having upheld an application to suspend the administrative penalty

pending proceedings, finally decides that the administrative penalty is

due, such administrative penalty shall be due together with any

interests accrued thereon as from the date originally set by the

Authority for payment including the period during which the payment

of the said administrative penalty was suspended.

(7) The Authority shall give its reasons for any decision taken

under this article.

(8) Notwithstanding the provisions of any law, no precautionary

warrant or order shall be issued by any court restraining the Authority

from the exercise of any of the powers conferred upon it under this

article.

(9) The Authority may at its discretion seek or accept all written

commitments from any person responsible for any infringement of any

law or decision, however so described, enforced by the Authority. Any

such commitment as may be accepted by the Authority shall be

binding on the person making that commitment

Provided that the Authority in accepting any such commitment

may impose any such conditions as it may consider appropriate in the

circumstances and shall in all instances act in a transparent, non-

discriminatory and objective manner.

(1)

If notwithstanding the various enforcement powers

provided for under this Part, there are no other effective means

available to bring about the cessation or the prohibition of the

infringement of any law or of any decision which the Authority is

entitled to enforce, the Authority may, in order to avoid the risk of

serious harm to the collective interests of end-users, apply to the Civil

Court for a court order requiring

(a) any person to remove content and to restrict access to an

online interface or to order the explicit display of a

warning to end-users when they access an online

interface;

(b) a hosting service provider to remove, disable or restrict

access to an online interface; or

(c)

where appropriate, domain registries or registrars to

delete a fully qualified domain name and to allow the

competent national entity responsible for the registration

of such domain name to register it.

(2)

The court, on receipt of an application under sub-article (1),

shall order the notification of the application with urgency onto the

person against whom the court order is being requested, which person

shall be entitled to reply to the application within such period as the

court may determine, which period shall not exceed ten (10) days or

any lesser period as the court may deem appropriate in the

circumstances, which period shall commence as from the date of

notification

Provided that the court shall consider and determine any

such application with urgency

Provided further that without prejudice to the above, the

provisions of the Code of Organization and Civil Procedure for the

hearing and determination of cases and of any appeal therefrom shall

apply to any such action

Provided further that from the decree of the Civil Court

there shall be a right of appeal to the Court of Appeal on a point of law.

(3) Any person who fails to comply with an order issued in

accordance with sub-article (1) shall be liable to a administrative

penalty imposed by the Civil Court of not less than one thousand euro

(€1,000) and not more than twenty-five thousand euro (€25,000) and,

or to a daily administrative penalty of not less than fifty euro (€50) and

not more than five hundred euro (€500) for each day of non-

compliance, which administrative penalty or administrative penalties

if imposed shall constitute a civil debt payable to the Authority in

accordance with article 49.

(1) An administrative penalty imposed shall not, unless

provided otherwise by or under this Act or by any other law enforced by

the Authority, exceed three hundred and fifty thousand euro (€350,000)

for each infringement or failure to comply and, or twelve thousand

euro (€12,000) for each day of infringement or non-compliance as the

case may be

Provided that if the act or omission which constitutes an

infringement is committed by an undertaking and the Authority

considers that such act or omission has especially significant effects on

the market to the detriment of competitors and, or consumers, the

stated amount that may be imposed as an administrative penalty may

be increased to an amount that is not more than five per cent of the

turnover of the undertaking in the calendar year immediately

preceding the year when the infringement was committed

Provided further that any daily administrative penalty imposed

may be back dated to the date of the commission or commencement of

the infringement.

(2) In determining the amount of an administrative penalty, regard

shall be had in particular to the nature and extent of the infringement,

its duration and its impact on the market and on consumers.

(3) The Minister may make regulations to establish the

administrative penalties that may be imposed by the Authority in

relation to any law enforced by the Authority

Provided that the amount of administrative penalties that may

be so prescribed shall not exceed the maximum amounts referred to

under sub-article (1).

(4) An administrative penalty may be imposed with retroactive

effect in accordance with the provisions of this Act even if the breach

in question was subsequently rectified.

(1)

The Authority may publish any final decision that

has been taken by it under this Part, and, or any commitments given by

a person in accordance with article 32 on its website and such other

means of communication as it may consider appropriate. In doing so

the Authority may, where applicable, publish the identity of the person

responsible for the infringement in relation to the final decision that

has been taken.

(2) Without prejudice to the provisions of sub-article (1), the

Authority may require the person against whom a compliance order

has been issued to publish at its expense the final decision issued by

the Authority pertinent to the issue of the compliance order in full or in

part in such form as the Authority considers appropriate.

(Deleted by Act LII.2021.75).

(1) For the purposes of this article

(a) "authorization" means any authorization, however

described, that a person may hold or be granted under this

Act;

(b) "shareholder" means

(i)

in the case of a company that is not listed on the

Malta Stock Exchange or on a Stock Exchange of a

Member State, a person who holds any amount of

shares in a company;

(ii)

in the case of a company listed on the Malta Stock

Exchange or on the Stock Exchange of a Member

State, a person holding more than two percent of

shares in a company.

(2)

When the Authority is satisfied that -

(a) any person holding any authorization; or

(b) any person who is a secretary, director or other principal

officer of any company, partnership or other body

holding any authorization or who otherwise exercises

control or significant influence over the said company,

partnership or other body; or

(c) any person who is a shareholder of any company,

partnership or other body holding any authorization,

is not a fit and proper person or are not fit and proper persons to hold

any authorization or to act in any capacity mentioned in paragraphs (b)

or (c) and that the holding by such person or persons of an

authorization or of any said capacity may reasonably pose a threat to

public trust, public security or public order, the Authority may prohibit

such person or persons or any company, partnership or other body in

which the said person or persons hold any said capacity from holding

an authorization.

(3) The Authority may, for the purpose of ascertaining whether

any person referred to in sub-article (2) is a fit and proper person to

hold an authorization or to act in any capacity mentioned in sub-article

(2)(b) or (c), require, within such time as it may consider reasonable in

the circumstances, such information and, or consent to obtain any

information as the Authority may deem appropriate from any such

person or from any person who intends to provide a communications

service and, or network in accordance with this Act.

(4)

Without prejudice to the other provisions of this article

(a) any person convicted, whether in Malta or outside Malta,

of a crime against public trust shall not be deemed to be a

fit and proper person to hold an authorization or to act in

any capacity mentioned in sub-article (2)(b) or (c);

(b) any authorization enjoyed by any person convicted of a

crime against public trust, or enjoyed by a company,

partnership or other body which has a shareholder or a

secretary, director or other principal officer who has been

convicted, whether in Malta or outside Malta, of a crime

against public trust, or over which a person who has been

convicted, whether in Malta or outside Malta, of a crime

against public trust otherwise exercises control or

significant influence, shall be voidable upon a decision of

the Authority taken after having considered all the

relevant facts.

Unless stated otherwise at law, the prosecution of a criminal

offence, the initiation of proceedings to impose an administrative

penalty or other sanctions, and the initiation of any other enforcement

measures however so described under this Act or under any other law

which the Authority is entitled to enforce shall be prescribed by the

lapse of two years from the date on which the offence or administrative

infringement is alleged to have been committed.

PART VII

ADMINISTRATIVE REVIEW TRIBUNAL

(1) The Administrative Review Tribunal shall be competent

to hear and determine appeals from decisions of the Authority as

provided in this Act or in any law or regulations.

(2) The provisions of the Administrative Justice Act, in so far as

they apply to the Administrative Review Tribunal, shall apply to any

proceedings before the said Tribunal and the words "public

administration" in the said enactment shall be construed as a reference

to the Authority.

(3)

(Deleted by Act LII.2021.77).

(1) Unless otherwise provided by law an appeal shall lie to

the Tribunal from a decision of the Authority made under this Act, the

Electronic Communications (Regulation) Act, the Utilities and

Services (Regulation of Certain Works) Act, the Postal Services Act or

the Electronic Commerce Act

Provided that the Prime Minister may by order in the Gazette

extend the jurisdiction of the Tribunal to -

(a) any other decisions that the Authority may take under

any other law which the Authority is entitled to enforce;

and

(b) any decision taken by or on behalf of Government or by

any public authority in relation to or having a substantial

bearing on communications.

(2) The right of appeal to the Tribunal shall be competent to any

person aggrieved by the decision

Provided that in any case, a person making an appeal to the

Tribunal shall also explain his juridical interest in impugning the

decision appealed from.

(3) Without prejudice to the provisions of article 38, an appeal

from a decision of the Authority shall be made by application and shall

be filed with the Secretary of the Tribunal within twenty days from the

date on which the said decision has been notified.

(4) The qualified entity on whose request a compliance order was

issued by the Authority in accordance with article 31 shall be notified

with any appeal filed by a person against whom such an order was

issued, and shall have twenty (20) days in which to reply to the appeal

commencing from the date when it is notified with the aforesaid

appeal.

(1) A qualified entity may apply to the Tribunal for the

issue of an order by the Tribunal where the Authority is required to

take any such measures in accordance with article 31(1) as the

Tribunal may determine where

(a) the Authority decides not to uphold its application for

the issue of a compliance order under article 31(1); or

(b) the Authority fails to issue a decision within sixty (60)

days of its receipt of the application requesting the

issue of a compliance order under article 31(1)

Provided that any such application shall be filed within

twenty (20) days in case of paragraph (a) commencing from the date of

th e d eci sio n of th e Au thority, and in case of paragraph (b)

commencing from the date of the lapse of sixty (60) days period

Provided further that the qualified entity shall notify the

person against whom the compliance order was requested and the

Authority with its application.

(2) The person against whom the compliance order is requested

and the Authority shall be parties to any such proceedings before the

Tribunal and shall have the right to reply to the application by the

qualified entity within twenty (20) days from the notification of the

aforesaid application.

(1) Without prejudice to the provisions of this Part, the

procedure to be followed in relation to appeals against administrative

penalties imposed by the Authority shall be regulated by the

provisions of this article.

(2) A person who is notified with a notice in writing given under

article 32(3) may, within twenty days from the date of such

notification, lodge an appeal before the Tribunal objecting to the

administrative penalty so fixed.

(3) The Tribunal shall not annul an administrative penalty as

aforesaid unless it results to it that such administrative penalty could

not at law be imposed in the circumstances of the case, or could not at

law be fixed in the amount established by the Authority due account

being given to the principle of proportionality.

(4) The Tribunal shall, without delay, set down the appeal for

hearing at an early date, which date shall in no case be later than forty

days from the date of the service of the appeal on the Authority.

(5) The appeal, and the notification of the date fixed for hearing,

shall be notified to the Authority without delay, and the Authority shall

file its reply thereto within twenty days from the date of the

notification of the appeal.

(6) The decision of the Tribunal upon an appeal referred to in sub-

article (2), confirming the imposition of an administrative penalty

established by the Authority or reducing any such administrative

penalty, shall upon becoming res judicata be deemed to be a decision

of the Tribunal.

(1) In determining an appeal the Tribunal shall take into

account the merits of the appeal, and may in whole or in part, confirm

or annul the decision appealed from, giving in writing the reasons for

its decision and shall cause such decision to be made public and

communicated to the parties to the appeal.

(2) Where the Tribunal considers that, having regard to its

determination of the appeal and all other relevant matters, there are

sufficient reasons rendering it equitable to do so, it may, either of its

own motion or on application by a consumer being a party to the

appeal, order that the whole or part of the costs of any such party

appearing before the Tribunal relating to the engagement of a lawyer

and, or of a technical adviser shall be paid to the consumer concerned

by any other party to the appeal named in the order.

(1) The Tribunal shall endeavour to determine an appeal

within one hundred and twenty days from the lapse of the period by

when the Authority may file its reply to the aforesaid appeal and in any

case shall deliver its final decision not later than sixty days from when

the parties declare that they have concluded with their evidence and

made their final submissions.

(2) The Tribunal in order to assist it in the exercise of its functions

may appoint independent and impartial experts to advise it on any

issue that may be relevant to any appeal lodged before it. In such cases

the Tribunal shall be entitled to make both provisional and final orders

in respect of the payment of the costs and fees of such experts by any

of the parties to the appeal.

(3) The Minister may subject to the provisions of this Act, by

regulations prescribe the procedure to be followed before the Tribunal,

and subject thereto and to any other provisions of this Act, the

Tribunal may regulate its own procedure.

(4) The Minister may by regulation amend any of the periods

stated in sub-article (1).

(Deleted by XXXIII. 2021.11).

Any party to an appeal to the Tribunal, who feels aggrieved

by a decision of the Tribunal, may on a point of law and, or of fact

appeal to the Court of Appeal in terms of the Administrative Justice

Act.

(1) The decision of the Authority pending an appeal whether

before the Tribunal or the Court of Appeal, shall stand and shall be

adhered to by all the parties to whom the decision applies.

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

where it considers it to be appropriate, may, on the application of a

party to the appeal, suspend in whole or in part the decision which is

the subject of the appeal pending the final determination of the appeal.

The Tribunal or the Court of Appeal in deciding whether or not to

suspend the decision shall state its reasons and shall take into account

all the relevant circumstances, including -

(a) the urgency of the matter,

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

application for suspension is not upheld, and

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

application is upheld

Provided that a party, in making an application under this

article, shall state the factual and legal grounds establishing a prima

facie case for the suspension of the decision. The Tribunal or the Court

of Appeal, as the case may be, shall on receipt of any such application

order the notification thereof to the other party or parties to the appeal

affording them reasonable opportunity to make their response thereto

Provided further that the Tribunal or the Court of Appeal, as

the case may be, in determining any such application may include such

conditions as it considers necessary in the circumstances.

The Authority shall collect information on the general subject

matter of appeals, the number of requests for appeal, the duration of

the appeal proceedings and the number of decisions to grant interim

measures. 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.

PART VIII

DISPUTE RESOLUTION

(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,

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 (4) months from the date on which the dispute was

notified to it

Provided that such period of four (4) months may be

extended in circumstances which the Authority considers

exceptional

Provided further that if all the parties to a dispute agree that

they shall not pursue further with the dispute with a view to achieving

an amicable settlement on all the issues in dispute, and three (3)

months elapse from when all parties do so agree to discuss to reach an

amicable settlement, then the dispute shall be considered to be

terminated at the lapse of the aforesaid period of three (3) 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 also state its reasons therefore.

(2) The Authority may of its own initiative, investigate any

suspected breach of any obligations arising under any law, decision or

authorisation condition which it is entitled to enforce.

(2A) The Authority may decide not to initiate an investigation

referred to in sub-article (1) and, or in sub-article (2) where it is

satisfied that other means of resolving the dispute in a timely manner

are available to the parties or if legal proceedings in relation to the

dispute have been initiated by any party to the dispute

Provided that where the Authority decides not to initiate an

investigation it shall inform the parties of such a decision as soon as

possible thereafter.

(3) Where the Authority decides not to initiate an investigation

under sub-article (2), it shall inform the parties of such a decision as

soon as possible thereafter.

(4) If after four months from the date of a decision referred to in

sub-article (3) the dispute is not resolved and the party seeking redress

has not initiated legal proceedings before the ordinary courts or any

other competent adjudicative forum, however so described, the

Authority shall, at the request of any of the parties to the dispute,

initiate an investigation and give a decision in accordance with the

provisions of this article.

(5) In giving a decision under this article the Authority shall in

relation to disputes between persons providing electronic

communications services and, or networks, have regard to the

objectives under article 4 of the Electronic Communications

(Regulation) Act.

(6) Without prejudice to the provisions of article 31, a person to

whom a decision under this article applies shall, saving the provisions

of article 42, forthwith comply with that decision. If such person fails

to do so, he shall be deemed to have committed an infringement of this

article. The period of non-compliance shall be deemed to have

commenced from the date of notification of the decision of the

Authority or from any such other date as may be communicated in the

decision which date shall in any case be on or subsequent to the date of

notification of the decision

Provided that if it results to the Authority that a breach of this

Act, any other law, decision or authorisation condition which the

Authority is entitled to enforce has been committed by a party to a

dispute, the Authority may notwithstanding the provisions of this

article apply the provisions of articles 31 to 33.

(7)

In issuing a decision under this article the Authority shall state

the reasons on which the decision is based, and shall, subject to such

requirements of commercial confidentiality as it may deem

appropriate, notify the parties to the dispute with a copy of the

decision.

(8) The Authority shall publish notice of a decision given under

this article and shall indicate where copies of, or information regarding

the decision may be obtained.

(9) The procedure referred to in this article shall not preclude any

party to the dispute from bringing an action before the courts or any

other competent adjudicative forum.

(10) The Minister may, in accordance with EU legislation, by

regulation vary the periods stated in sub-articles (1) and (4).

(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.

(1) An end-user may refer a dispute with an undertaking to

the Authority if such dispute relates to an allegation of non-

compliance by that undertaking with any law, decision, directive or

authorisation condition which the Authority is entitled to enforce

Provided that in referring a dispute to the Authority in

accordance with this article, the end-user shall show prima facie that

he has suffered prejudice as a direct result of the alleged non-

compliant act or omission of the undertaking.

(2) Upon receipt of any reference as aforesaid, or upon otherwise

becoming aware of any such dispute that the Authority believes should

be investigated, the Authority shall notify all the parties to the dispute

that the matter is being investigated. In doing so the Authority shall

regulate its own procedure, which procedure shall, as far as is

reasonably possible, be transparent, non-discriminatory, simple,

inexpensive and conducive to a prompt and fair settlement of the

dispute, and it shall afford all parties to the dispute reasonable

opportunity to make their submissions and to produce any relevant

information

Provided that the Authority may decide not to initiate an

investigation in accordance with this article where it is satisfied that

other means of resolving the dispute in a timely manner are available

to the parties or if legal proceedings in relation to the dispute have

been initiated by any party to the dispute.

(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.

(4) The Authority shall make publicly available any rules of

procedure which it may from time to time establish in relation to the

handling of any disputes referred to it under this article.

(5) The provisions of this article shall be without prejudice to the

right of an end-user to have recourse to any other body in resolving

any such disputes.

(6) In issuing a decision under this article the Authority shall state

the reasons on which it is based, and shall, subject to such

requirements of commercial confidentiality as it may deem

appropriate, notify the parties to the dispute with a copy of the

decision.

(7) The Authority shall publish notice of a decision given under

this article and shall indicate where copies of, or information regarding

the decision may be obtained.

(1) In the event of a dispute arising under any law or

decision which the Authority is entitled to enforce, involving

undertakings in more than one Member State, a person may request the

Authority to co-ordinate its efforts with any relevant regulatory

authority in another Member State with a view to bringing about a

resolution of the dispute.

(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 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.

(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) Act.

PART IX

MISCELLANEOUS

The members of the Board and all officers and employees of

the Authority shall be deemed to be public officers within the meaning

of the Criminal Code.

(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.

(2) The Minister may, after consultation with the Authority, by

order in the Gazette list in the Second Schedule, any European Union

legislation however so described or part thereof which is directly

applicable to Malta, which legislation, once so listed, shall be

considered to be a law enforced by the Authority in accordance with

its powers under Part VI

Provided that the Minister may, after consultation with the

Authority, by order in the Gazette amend such list.

The members of the Board, officers and employees of the

Authority in the performance of their functions under this Act or any

other law administered by the Authority, shall not be liable for any loss

or damage suffered by any person by reason of anything done or

omitted to be done in good faith in the course of the administration of

this Act or any other law.

Where a notice however so described is required to be given

by the Authority to any person whether under this Act or under any

other law administered by the Authority, the notice shall be addressed

to that person and shall be given to the person in any of the following

ways

(a) by delivering it to the person;

(b) by leaving it at the address at which the person ordinarily

resides or carries on business;

(c) by sending it by registered post to the person at the

address at which the person ordinarily resides or carries

on business;

(d) if an address for the service of notices has been provided

by the person, by leaving it at, or sending it by registered

post addressed to the person to that address;

(e) in any case where the Authority considers that the

immediate giving of the notice is required, by sending it,

by means of a facsimile machine or by electronic mail, to

a device or facility for the reception of facsimiles or

electronic mail located at the address at which the person

ordinarily resides or carries on business or, if an address

for the service of notices has been furnished by the

person, that address, provided that the facsimile machine

of the sender generates a message confirming successful

transmission of the total number of pages of the notice or

the facility of the sender for the reception of electronic

mail generates a message confirming receipt of the

electronic mail

Provided that the provisions of paragraph (e) shall not apply to

the notification of documents filed before the Tribunal or any Court.

(1) Where the Authority desires to sue for the recovery of a

debt due to the Authority under any law which it is entitled to enforce

for any licence or authorisation fee or other similar fee or charge

however so described that may be due, the Chairman, the Chief

Executive Officer or an officer of the Authority duly authorised by the

Authority to act on its behalf may make a declaration on oath before

the registrar, a judge or a magistrate wherein he states the nature of the

debt and the name of the debtor and confirm that it is due.

(2) The declaration referred to in sub-article (1) shall be served

upon the debtor by means of a judicial act and it shall have the same

effect as a final judgement of the competent court unless the debtor

shall, within a period of twenty days from service upon him of the said

declaration, oppose the claim by filing an application demanding that

the court declare the claim unfounded.

(3) The application filed in terms of sub-article (2) shall be served

upon the Authority, which shall be entitled to file a reply within a

period of twenty days. The court shall appoint the application for

hearing on a date after the lapse of that period.

(4) Any debts due to the Authority in accordance with this article

shall be prescribed by the lapse of the period of five years from the

date on which the debt was due.

(1) An undertaking shall not, without the written prior

consent of the Authority, make or cause to be made any representation

in any visual or aural form, either specifically or by implication, to the

effect that

(a) any goods or services supplied by any undertaking have

the approval of the Authority; or

(b) any activity carried out by any undertaking has the

approval, or is conducted with the co-operation or

assistance of the Authority.

(2) Where the name, trade name, trademark or the designation of

any goods or service provided or supplied by an undertaking appears

in relation to a representation referred to in sub-article (1), that

undertaking shall be deemed for the purposes of this article to have

caused the representation to be made unless it proves that the

representation was made without its knowledge or connivance.

(3) An undertaking convicted under this article shall be liable to a

fine (multa) of not less than one thousand euro (€1,000) and not more

than ten thousand euro (€10,000).