UTILITIES AND SERVICES (REGULATION OF CERTAIN WORKS) ACT

CHAPTER 81

UTILITIES AND SERVICES

(REGULATION OF CERTAIN WORKS) ACT

To regulate certain works in connection with utilities and other services.

7th August, 1934

ORDINANCE XXIII of 1934, as amended by Ordinance XLV of 1935;

Government Notice No. 296 of 1939; Ordinance XX of 1961; Legal Notice

4 of 1963; Acts: XXIV of 1963, XXIV of 1966, XVI of 1975; Legal Notice

148 of 1975; Acts: XI of 1977, XIII of 1983, XII of 1991, XXXIII of 1997,

XXIII of 2000 and VII of 2004; Legal Notice 408 of 2007; Acts XV of 2009

and IX of 2011; Legal Notice 180 of 2012; Act XVIII of 2016 and Act LII of

2021. PART I

Preliminary

The short title of this Act is Utilities And Services

(Regulation of Certain Works) Act.

(Article 2)

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

context of the definition of the words "competent infrastructure

regulator" the following public sector body is designated a

"competent infrastructure regulator"

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

In this Act unless the context otherwise requires

"access point" means a physical point, located inside or outside

the building, accessible to undertakings providing or authorized to

provide public communications networks, where connection to the

high-speed-ready in-building physical infrastructure is made

available;

"associated facilities" means associated services, physical

infrastructures and other facilities or elements associated with a

network or a utility service, which enable or support the provision

of services through that network or service, or have the potential to

do so, and include buildings or entries to buildings, building

wiring, antennae, towers and other supporting constructions, ducts,

conduits, masts, manholes and cabinets;

"associated service" means a service associated with a network or a

utility service which enables or supports the provision, self-provision

or automated-provision of services through that network or service, or

has the potential to do so, and includes number translation or systems

offering equivalent functionality, conditional access systems and

electronic programme guides (EPGs) as well as other services such as

identity, location and presence service;

"bodies governed by public law" means bodies that have all of

the following characteristics

(a) they are established for the specific purpose of

meeting needs in the general interest, not having an

industrial or commercial character;

(b) they have legal personality; and

(c) they are financed, in full or for the most part, by the

State, or regional or local authorities, or by other

bodies governed by public law; or are subject to

management supervision by those authorities or

bodies; or have an administrative, managerial or

supervisory board, more than half of whose members

are appointed by the State, regional or local authorities

or by other bodies governed by public law;

"civil works" means every outcome of building or civil

engineering works taken as a whole which is sufficient of itself to

fulfil an economic or technical function and entails one or more

elements of a physical infrastructure;

"competent authority for perm it granting" or "competent

authorities for permit granting" means such public sector body or

bodies responsible for the granting of civil works permits;

"competent infrastructure regulator" or "competent infrastructure

regulators" means such public sector body or bodies responsible for

the infrastructure regulation as may be listed in the First Schedule,

which Schedule may from time to time be amended by the Minister

responsible for infrastructure by means of a notice in the Gazette;

"competent utility regulator" or "competent utility regulators"

means any such public sector body or bodies responsible at law for

the regulation of those utility services listed in accordance with the

Second Schedule, which list shall state the authority responsible for

the regulation of each of the different utility services and, where

applicable the networks therein listed

Provided that this Schedule may from time to time be

amended by the Prime Minister by notice in the Gazette;

"Dispute Resolution Board" or "Board" means the Utilities

Networks Dispute Resolution Board established under Part IV;

"electronic communications network" and "electronic

communications service" shall respectively have the same meaning

as under the Electronic Communications (Regulation) Act;

"energy" includes electrical energy, fuel, heat when transmitted

as a commercial activity, and energy derived from renewable

sources;

"facilities" includes the placing of cables and wires or other

works carried out either below, above, by the side of or in any

building, entry to or common parts of any building or tenement and

any trenches, pits, poles, stays, brackets and all other accessories

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

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

area of any building or any tenement however so described;

"high-speed electronic communications network" means an

electronic communications network which is capable of delivering

broadband access services at speeds of at least thirty Mbps

Provided that the Minister responsible for electronic

communications may by notice in the Gazette amend this definition to

increase such speeds;

"high-speed-ready in-building physical infrastructure" means in-

building physical infrastructure intended to host elements or enable

delivery of high-speed electronic communications networks;

"in-building physical infrastructure" means physical

infrastructure or installations at the end-user’s location, including

elements under joint ownership, intended to host wired and, or

wireless access networks, where such access networks are capable

of delivering electronic communications services and connecting

the building access point with the network termination point;

"major renovation works" means building or civil engineering

works at the location of the end-user encompassing structural

modifications of the entire in-building physical infrastructure or a

significant part thereof, including the common parts, and requiring

a building permit;

"network" means any physical infrastructure utilised by a

network operator;

"network operator" means an undertaking providing or

authorized to provide public communications networks as well as

an undertaking providing a physical infrastructure intended to

provide

(a) a service of production, transport or distribution of

(i)

gas;

(ii)

electricity, including public lighting;

(iii)

heating;

(iv)

water, including disposal or treatment of waste

and sewage, and drainage services;

(b) transport services, including railways, roads, ports and

airports;

"network termination point’’ unless the context otherwise

requires, has the same meaning as defined under article 2 of the

Electronic Communications (Regulation) Act;

"owner" includes occupier and user;

"permit" means an explicit or implicit decision of a competent

authority for permit granting following any procedure under which

an undertaking is required to take steps in order to legally carry out

building or civil engineering works;

"physical infrastructure" means any element of a network which

is intended to host other elements of a network without becoming

itself an active element of the network, including but not limited to,

pipes, masts, ducts, inspection chambers, manholes, cabinets,

buildings or entries to buildings, antenna buildings, towers and

poles

Provided that cables, including dark fibre, as well as

elements of networks used for the provision of water intended for

human consumption as defined in regulation 3 of the Water

Intended for Human Consumption Regulations are not physical

infrastructure within the meaning of this Act;

"public sector body" means a state, regional or local authority, a

body governed by public law or an association formed by one or

several such authorities or one or several such bodies governed by

public law;

"Single Information Point" means the public entity appointed

under article 19 to perform the functions of a single point of

contact;

"tenement" means any tenement whether private or public and

includes any road, path, building or construction however so

described, or water;

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

established by article 5 of the Administrative Justice Act;

"undertaking" means, unless stated otherwise in this Act, an

undertaking providing or authorized to provide public

communications networks;

"utilities" includes electronic communications services, gas,

electricity including public lighting, heating, water including

disposal or treatment of waste and sewage, and drainage systems,

transport services including roads, ports and airports, and such

other services as the Minister responsible for infrastructure may by

notice in the Gazette designate as “utilities” for the purposes of this

Act; and

"Utilities Committee" means the Utilities Services Advisory

Committee established under article 22.

(Article 2)

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

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

the following public sector bodies are designated as "competent

utility regulators"

(1) The Malta Communications Authority ("MCA") is

responsible for the regulation of electronic

communications services and networks;

(2) The Regulator for Energy and Water Services

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

services and networks and the regulation of water

services and networks; and

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

responsible for the exercise of regulatory functions

relating to roads and to transport by air, rail, road or

sea.

(Deleted by Act XVIII. 2016.5.).

PART II

Regulation of Utilities’ Infrastructure Access

(Article 21)

Regulations listed in accordance with the provisions of article 21

of this Act

The Electronic Communications Networks

and

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

(1) For the purposes of this Act, it shall be lawful for the

competent infrastructure regulator, either of its own initiative or on

the application of a network operator made in accordance with this

Part, to order the installation of facilities on, over or under public

or private property. Any such order shall be notified by the

aforesaid regulator to the owner of the said tenement at least ten

days prior to the carrying out of any of the works aforesaid.

(2) The competent infrastructure regulator shall consider and

decide an application by a network operator for the granting of

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

property in accordance with the applicable provisions of this Part.

(3) Where public or local authorities retain ownership or control

of undertakings providing any utility services and, or networks, there

shall be in place an effective structural separation of the function

responsible for granting the rights referred to in sub-article (2) from

the activities associated with ownership or control.

(1) Where a network operator has exercised the right

under national law to install facilities on, over or under public or

private property, or has taken advantage of a procedure under

national law for the expropriation or use of property, the competent

infrastructure regulator may order the collocation, use or sharing of

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

private property in relation to any cables, wires, physical

infrastructure or associated facilities or other accessories, however

so described, used or to be used for the provision of any utilities by

a provider of any such utilities in any buildings, common areas,

entries to buildings, trenches, pits, ducts, conduits, manholes,

c a b i ne ts o r o n a ny po l e s , m a s t s, a nte nna e , towe rs or othe r

supporting constructions, stays or brackets, cut, placed, erected or

affixed by another provider of any such utilities.

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

specific areas where the competent infrastructure regulator

considers that the issue of such an order is necessary to protect the

environment, public health, public security or to meet town

planning and country objectives. In doing so the competent

infrastructure regulator may also

(a) order the taking of such measures as it may consider

necessary to facilitate the coordination of public

works; and

(b) provide for rules of apportioning the costs of facility

or property sharing.

(3)

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

competent infrastructure regulator acting of its own initiative or

following the written request of an undertaking providing an utility

service or network, or of a competent utility regulator who

considers the issue of such an order necessary for the provision of a

utility service. Before deciding whether to issue such an order, the

competent infrastructure regulator shall conduct a public

consultation during which all interested parties, including where

applicable the competent utility regulator or regulators as the case

may be, are afforded such reasonable opportunity as the competent

infrastructure regulator considers appropriate in the circumstances,

to express their views in writing.

(4) The competent infrastructure regulator shall notify any

order made under sub-article (1) to the provider of the utility

service impacted by the order of collocation, and to any other

persons as it may consider appropriate in the circumstances where

it considers that such persons may have an interest in knowing

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

out of any of the works aforesaid

Provided that no such order shall be issued if it relates to a

dispute lodged before the Dispute Resolution Board under this Act, or

to an appeal before the competent appellate adjudicative forum

contesting a final decision issued by that Board on any such dispute

lodged before it.

(5) Any measures taken by the competent infrastructure

regulator in accordance with this article shall be objective,

transparent, non-discriminatory, and proportionate, and where

appropriate, these measures shall be carried out in coordination

with the competent utility regulator or regulators and any other

relevant public sector body.

An order issued in accordance with article 4 or article 4A

shall have effect immediately on the lapse of the tenth day

following its notification; and the recipient of the order shall

thereupon fully, immediately and properly, implement the same or

allow the full, immediate and proper implementation thereof, and

shall refrain from causing or continuing to cause any impediment

or hindrance to the said implementation

Provided that the implementation of any such order shall

not be impeded, restricted or delayed by reason of any claim for

charges made by the recipient of the order.

(1) The recipient of an order made under article 4A shall

be allowed to charge for the collocation or the use of the facilities

affixed or erected by it at rates based on reasonable relevant costs.

Charges for collocation or use of the same facilities shall be cost-

oriented and shall not include charges for overheads such as

marketing, personnel or maintenance costs, other than those

directly incurred on the facilities used.

(2) The recipient of an order made under article 4A shall

submit its charges to the provider collocating or making use of the

facilities affixed or erected by the said recipient within thirty days

of commencement of collocation or use as aforesaid

Provided that if the provider collocating or making such use

disagrees with such charges it may, within twenty days of receipt of

the same, make a dispute before the Dispute Resolution Board

which Board shall resolve any such dispute within the shortest time

frame and in any case within two months from the date of receipt of

the dispute except in exceptional circumstances in accordance with

the provisions of article 32.

(3)The competent infrastructure regulator may, following

consultation in writing with the competent utility regulator or

regulators, upon application by the recipient of an order made

under article 4A, order the person allowed to collocate or to make

use of the facilities affixed or erected by the said recipient to

provide security for the payment of charges due hereunder in

respect of such collocation or use in an amount and in such form as

may be determined by the competent infrastructure regulator.

(1) The competent infrastructure regulator in the exercise

of its functions under this Act shall

(a) act on the basis of simple, efficient, transparent and

publicly available procedures, applied without

discrimination and without delay, and shall in any case

make a decision within six months from the date of an

application made in accordance with the provisions of

this Part, except in the case of expropriation;

(b) follow the principles of transparency and non-

discrimination in attaching conditions to any rights it

may grant to a network operator or a utility service

provider as the case may be; and

(c) give reasons for its decisions

Provided that the competent infrastructure

regulator shall, in relation to amendments that it may

consider making to any rights, conditions and

procedures relating to works carried out in accordance

with this Part, ensure that any amendment is only

made in objectively justified cases and in a

proportionate manner. Before making any such

amendment, the competent infrastructure regulator

shall give notice in such manner as it considers

appropriate of its intention, inviting interested parties,

including

users

and

consumers,

to

make

representations on the proposed amendments within a

period of not less than thirty days as may be specified

in the notice. The competent infrastructure regulator

may in those circumstances which it considers to be

exceptional, shorten such period

Provided further that the competent infrastructure

regulator shall in writing consult with the competent

utility regulator or regulators in relation to

amendments that it may consider making to

collocation orders which were previously issued.

(2) The competent infrastructure regulator shall, in relation to

any fees it may be authorized to impose by or under this Act relating

to such works, ensure that fees are objectively justified, transparent,

non-discriminatory and proportionate in relation to their intended

purpose.

(3) The competent infrastructure regulator may require any

person to provide it with any information which it considers to be

necessary for the performance of its tasks under this Part.

Unless provided otherwise in this Act, a person or a

competent utility regulator aggrieved by any regulatory decision

however so described taken under this Part may appeal to the

Tribunal

Provided that any such person in appealing shall explain his

juridical interest in impugning the decision appealed from

Provided further that where applicable the competent utility

regulator which has an interest in the matter, shall also be notified

with any appeal filed under this article and shall be entitled to

intervene in such proceedings and make submissions thereon.

(Article 24)

The remuneration payable to the President where the person

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

ordinary members of the Dispute Resolution Board shall be as

follows

(1) In the case of the President for

•

the first hour of a sitting or part thereof seventy

five euro (€75), and

•

every subsequent hour or part thereof sixty-five

euro (€65).

(2) In the case of an ordinary member for

•

the first hour of a sitting or part thereof sixty

euro (€60), and

•

every subsequent hour or part thereof fifty euro

(€50).

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

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

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

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

Where the works contemplated in articles 4 and 4A cause

damage to a tenement or cause annoyance to the owner of the

tenement, the owner may, within three months from the completion

of the said works, apply to the First Hall of the Civil Court praying

for the determination of the compensation which may be due in

respect of such damage or annoyance

Provided that -

(a) no damage or annoyance entitling the owner to

compensation shall be considered to arise from the fact

that a cable, wire or other essential accessory has been

UTILITIES AND SERVICES (REGULATION OF CERTAIN WORKS)

placed, erected or affixed either below, above or by the

side of any tenement, if such cable, wire or other

accessory does not cause any inconvenience, or if such

cable, wire or other accessory is run over a tenement at

a height of not less than four and a half metres from

the surface thereof, or, in the case of a building, at a

height of not less than three metres from the level of

the roof thereof;

(b) no claim for compensation shall be deemed to arise

from the mere fact that a cable or wire passes in close

proximity to or is supported by a bracket affixed to the

wall of a building, or that a pole or stay is fixed to the

upper part of such wall for the purpose of attaching

thereto a cable or wire at the requisite height, if, in

either case, the said cable or wire does not cause a

noise which may be distinctly heard inside the

building when the doors and windows are open, or

other inconvenience;

(c) no claim for compensation shall be deemed to arise

from the mere fact that one or more poles or other

supports are erected in any tenement, or in any field or

site, so long as the distance between the poles or

supports is not less than thirty-six and a half metres,

and no pole or support occupies more than one

hundred and sixty square centimetres of ground.

(1) The owner of any tenement affected by an order made

under article 4 may, within the period of eight days from the date of

the said order, apply to the competent infrastructure regulator

requesting that the route of the proposed cable or wire be diverted

in such a way as to obviate the necessity of cutting, placing,

erecting or affixing any trench, cable, wire, pole, stay, bracket or

other essential accessory, in, over or upon the said tenement.

(2)

Such a request shall be granted provided -

(a) the route, if diverted, will function with equal

efficiency as the proposed route, and will not be more

liable to damage from any cause whatsoever; and

(b) the diversion of the proposed route will not interfere

with other property or give rise to a claim for

compensation under article 5; and

(c) the diversion of the proposed route will not entail a

greater expense to the provider of the utility service

concerned either for its original construction or its

subsequent repair and maintenance.

(3) Before taking a decision further to any request under this

article the competent infrastructure regulator in dealing with such a

request, shall -

(a) where necessary, consult in writing with the competent

utility regulator or regulators; or, and

(b) consult in writing with any persons who the competent

infrastructure regulator considers may be effected in a

negative manner, giving such persons a reasonable

opportunity to make their submissions in writing.

For the purpose of inspecting, testing or maintaining in

good state of repair any work carried out under this Act, the

provisions of article 471 of the Civil Code shall apply.

(1) Where the owner of a tenement in, over or upon which

there is any cable, wire, pole, stay, bracket or other essential

accessory, intends to make alterations in the tenement and such

alterations cannot be effected unless -

(a) the cable, wire, pole, stay, bracket or other essential

accessory is temporarily or permanently removed; or

(b) the position of such cable, wire, pole, stay or bracket

or other essential accessory cannot be changed,

then the owner may request that such work be temporarily or

permanently removed, or else that the position of such work be

changed, this notwithstanding that the owner had given his consent

for the execution of the work or had received compensation in

terms of this Part.

(2) A request under sub-article (1) shall be made by application

before the First Hall of the Civil Court whereby the owner shall

state under oath why in accordance with the provisions of sub-

article (1) the request is being made

Provided that the owner in filing such a request shall

(a) notify the competent infrastructure regulator, any

competent utility regulator or regulators where

applicable, and any network operator who may be

effected in a negative manner; and

(b) give three months notice of his intention to affect the

alterations aforesaid.

(3) A network operator may, within twenty days from

notification of a request made under this article, contest such

request only if it can prove that the owner has other reasonable

means of making the alterations and that it shall be affected in a

negative manner if the request is upheld.

(4) If the request under this article is not contested, the owner

may without any further notice proceed with the alterations on the

lapse of the three month notice period referred to in sub-article

(2)(b)

Provided that the owner shall, where his request has not

been contested or, if contested, the contestation thereof has been

rejected, refund any compensation which he may have received.

Every work carried out before the commencement of this

Act in, over or upon any tenement in connection with the fixed

electrical power and electronic communications networks without

any protest on the part of the owner of the tenement shall be

deemed to have been so carried out with the consent of the owner

and shall not entitle the owner of the tenement to any

compensation, notwithstanding that the provisions of this Act shall

not have been observed.

Whosoever resists or obstructs any person authorized to

enter any tenement in connection with the execution of his duties

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

exceeding five thousand euro (€5,000).

Any person who wilfully interferes with or causes damage

of any works connected with the fixed electrical power and

electronic communications networks in Malta, shall be liable to a

fine (multa) not exceeding five thousand euro (€5,000)

Provided that nothing in this Act shall prevent a

prosecution under any other law, but so that a person shall not be

punished twice for the same offence.

(Deleted by Act XVIII. 2016.16).

(Deleted by Act XVIII. 2016.16).

Where cables or wires are placed or other works are carried

out below, above or by the side of any road, it shall be lawful for

the competent infrastructure regulator to charge such fees for any

land which under any law is vested in the competent infrastructure

regulator in Malta and which is affected or occupied by such works,

as may be determined from time to time by regulations made by the

Minister in accordance with article 37.

PART III

Facilitating High-Speed Electronic Communications Networks

(1) A network operator shall meet all reasonable requests

made in writing by an undertaking requesting access to its physical

infrastructure under fair and reasonable terms and conditions,

including price, with a view to deploying elements of high-speed

electronic communications networks

Provided that the undertaking concerned shall in its request

specify the elements of the project for w hich the access is

requested, including a specific time frame

Provided further that nothing in this Part shall be construed

as prohibiting network operators from offering access to their

physical infrastructure.

(2) Any refusal of access following a request made in

accordance with sub-article (1) shall be based on objective,

transparent, and proportionate criteria including but not limited to

(a) the technical suitability of the physical infrastructure

to which access has been requested to host any of the

elements of high-speed electronic communications

networks referred to in sub-article (1);

(b) availability of space to host the elements of the high-

speed electronic communications networks referred to

in sub-article (1), including that the future needs for

space of the network operator are sufficiently

demonstrated;

(c) safety and public health concerns;

(d) integrity and security of any network, in particular of

critical national infrastructure;

(e) the risk of serious interferences of the planned

electronic communications services with the provision

of other services over the same physical infrastructure;

(f)

the availability of viable alternative means of

wholesale physical network infrastructure access

provided by the network operator and suitable for the

provision of high-speed electronic communications

networks, provided that such access is offered under

fair and reasonable terms and conditions.

(3) The network operator when giving its refusal shall in

writing state its reasons for refusing the request, which reasons

must be given within two months from the date of receipt of the

complete request for access

Provided that in doing so the network operator shall, where

applicable, provide the undertaking making the request with any

relevant documentation in support of its refusal.

(4) Where access is refused or an agreement on specific terms

and conditions, including price, has not been reached within two

months from the date of receipt of the complete request for access,

then either party may file a dispute with the Dispute Resolution Board

on the lapse of the two months period referred to in this sub-article.

(5) The Dispute Resolution Board shall, in determining any

dispute, referred to it in accordance with this article, taking into

account the principle of proportionality, issue a binding decision to

resolve the dispute, including the setting of fair and reasonable

terms and conditions, including price where appropriate

Provided that where the dispute relates to access to the

infrastructure of an electronic communications network provider,

the Board shall, where appropriate, take into account the objectives

set out in article 4 of the Electronic Communications (Regulation)

Act

Provided further that any price set by the Board shall ensure

that the access provider has a fair opportunity to recover its costs

and shall take into account the impact of the requested access on

the business plan of the access provider, including the investments

made by the network operator to whom access is requested, in

particular in the physical infrastructures used for the provision of

high-speed electronic communications services.

(6) The Dispute Resolution Board shall resolve any dispute

referred to it in accordance with this article within the shortest

possible time frame and in any case within four months from the

date of the receipt of the complete request, except in exceptional

circumstances in accordance with the provisions of article 32.

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

the right to property of the owner of the physical infrastructure in

cases where the network operator is not the owner, and to the right

to property of any other third parties, such as landowners and

private property owners.

(1) An undertaking in the course of requesting access to

physical infrastructure in accordance with article 14(1), has the

right to access, upon request, the following minimum information

concerning the existing physical infrastructure of any network

operator

(a) location, and route;

(b) type and current use of infrastructure; and

(c) a contact point

Provided that, in doing so, the undertaking shall specify the

area in which it envisages deploying elements of the high-speed

electronic communications networks

Provided further that the provision of any such information

to the undertaking may be subject to any limitations consequential

to the security of the networks and their integrity, national security,

public health or safety, confidentiality or operating and business

secrets as may be determined by the competent infrastructure

regulator.

(2) A public sector body holding in electronic format, by

reason of its tasks, elements of the minimum information referred

to in sub-article (1) concerning the physical infrastructure of a

network operator, shall make such information available

(a) through the Single Information Point by electronic

means; and, or

(b) to an undertaking upon the request in writing of that

undertaking, this without prejudice to the limitations

stated in sub-article (1)

Provided that any update to that information or any new

element of minimum information referred to in sub-article (1)

received by the public sector body shall be made available to the

Single Information Point within two months from the date of its

receipt, which period of such two months may be extended by a

further period not extending one month, where this is required to

guarantee the reliability of the information provided

Provided further that any information provided to the

Single Information Point shall be updated forthwith by the entity

responsible for the provision of such information which entity shall

inform the Single Information Point accordingly.

(3) Minimum information made available to the Single

Information Point in accordance with sub-article (2) shall be

accessible promptly, through the Single Information Point, in

electronic format and under proportionate, non-discriminatory and

transparent terms. Such access shall be made available through the

Single Information Point by not later than the 1 January 2017.

(4) Where the minimum information referred to in sub-article

(1) is not available through the Single Information Point, then

network operators shall provide access to such information upon

the specific written request by an undertaking. In making such a

request the undertaking shall specify the area envisaged for the

deployment of elements of high-speed electronic communications

networks

Provided that access to information shall be granted within

two months from the date of receipt of the written request under

proportionate, non-discriminatory and transparent terms without

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

(5) Upon the specific written request of an undertaking, a

network operator shall meet reasonable requests for on-site surveys

of specific elements of its physical infrastructures. In making such

a request the undertaking shall specify the elements of the network

concerned with a view to deploying elements of high-speed

electronic communications networks

Provided that on-site surveys of the specified network

elements shall be granted under proportionate, non-discriminatory

and transparent terms within one month from the date of receipt of

the written request, without prejudice to the limitations in sub-

article (1).

(6) In the event of a dispute arising in connection with the

rights and obligations provided for in this article, either party may

refer the dispute to the Dispute Resolution Board which shall, after

taking full account of the principle of proportionality, issue a

binding decision to resolve the dispute within the shortest possible

time frame and in any case within two months, except in

exceptional cases in accordance with article 32.

(7) The Single Information Point following consultation with

any competent utility regulator or regulators as the case may be,

and such other public sector body or bodies as it may consider

necessary, may provide for exemptions from the obligations in sub-

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

considered not technically suitable for the deployment of electronic

communications networks or in the case of critical infrastructure.

In doing so it shall give its reasons in writing and shall before

taking a final decision, give any interested parties the opportunity

to make any written submissions within such reasonable time as it

may establish.

(8) An undertaking which obtains any information pursuant to

the provisions of this article shall, where appropriate, ensure that

the information so acquired is treated with due consideration to

confidentiality, and operating and business secrets.

(1) A network operator has the right to negotiate

agreements concerning the coordination of civil works with

undertakings with a view to deploying elements of high-speed

electronic communications networks.

(2) A network operator performing directly or indirectly civil

works, either fully or partially financed by public means, shall

comply with any reasonable written request to coordinate civil

works on transparent and non-discriminatory terms, made by an

undertaking, with a view to deploying elements of high-speed

electronic communications networks, provided that

(a) such request does not entail any additional costs,

including because of additional delays, for the initially

envisaged civil works;

(b) such request does not impede control over the

coordination of the works; and

(c) the request to coordinate is filed as soon as possible

and in any case at least one month before the

submission of the final project to the competent

authorities for permit granting

Provided that the Minister responsible for infrastructure

may make such regulations as he may consider necessary on

apportioning the costs associated with the coordination of civil

works. In doing so the Minister shall consult with the competent

utility regulator or regulators as the case may be and with any

public sector body or bodies as he may consider necessary in the

circumstances.

(3) If an agreement on the coordination of civil works in

accordance with sub-article (2) is not achieved within one month

from the date of receipt of the formal written request to negotiate,

then any aggrieved party may refer the dispute to the Dispute

Resolution Board.

(4) The Dispute Resolution Board shall, in determining any

dispute referred to it in accordance with this article, taking full

account of the principle of proportionality, issue a binding decision

to resolve the dispute raised, including the setting of fair and non-

discriminatory terms and conditions, and charges where

appropriate

Provided that the Board shall resolve any dispute referred

to it in accordance with this article within the shortest possible time

frame and in any case within two months from the date of the

receipt of the dispute except in exceptional circumstances in

accordance with article 32.

(5) The competent authority for permit granting may, following

consultation in writing with the competent utility regulator or

regulators as the case may be and with such other public sector

b o d y o r b o d i e s a s i t m a y c o n s i d e r n e c e s s a r y, p r o v i d e f o r

exemptions from the obligations in this article for civil works of

insignificant importance, such as in terms of value, size or

duration, or in the case of critical national infrastructure

Provided that in so doing, the competent authority for

permit granting shall give its reasons in writing and shall before

taking a final decision, give any interested parties the opportunity

to make any written submissions on the draft exemptions within

such reasonable time as it may establish.

(1) In order to negotiate agreements on the coordination of

civil works referred to in article 16, a network operator shall make

available upon the specific written request of an undertaking, the

following minimum information concerning on-going or planned

civil works related to its physical infrastructure for which a permit

has been granted, a permit granting procedure is pending or a first

submission to the competent authority for permit granting is

envisaged in the following six months

(a) the location and the type of works;

(b) the network elements involved;

(c) the estimated date for starting the works and their

duration; and

(d) a contact point

Provided that the provision of any such information to the

undertaking shall be subject to any limitations consequential to the

security of the networks and their integrity, national security,

public health or safety, confidentiality or operating and business

secrets.

(2) The undertaking shall in making its request, specify the

area in which it envisages deploying elements of high-speed

electronic communications networks

Provided that within fourteen days from the date of receipt

of the written request, network operators shall provide the

requested information under proportionate, non-discriminatory and

transparent terms.

(3) The network operator may refuse the request made under

sub-article (1) if

(a) it had made the requested information publicly

available in electronic format; or

(b) access to such information is ensured through the

Single Information Point.

(4) The network operator shall make the requested minimum

information referred to in sub-article (1) available through the

Single Information Point.

(5)

If on the lapse of the fourteen days period referred to in

sub-article (2), the information requested in accordance with the

provisions of this article is not provided, then an aggrieved party

may on the lapse of the aforesaid fourteen days, refer a dispute it may

have in connection with the rights and obligations under this

article, to the Dispute Resolution Board which shall in determining

any dispute referred to it in accordance with this article, taking full

account of the principle of proportionality, issue a binding decision

to resolve the dispute raised, including the setting of fair and non-

discriminatory terms and conditions and charges where

appropriate

Provided that the Board shall resolve any dispute referred

to it in accordance with this article within the shortest possible time

frame and in any case within two months from the date of the

receipt of the complete request except in exceptional circumstances

in accordance with article 32, without prejudice to the possibility of

any party to refer the case to court.

(6) The competent authority for permit granting following

consultation in writing with the competent utility regulator or

regulators as the case may be and with any public sector body or

bodies as it may consider necessary, provide for exemptions from

the obligations in this article for civil works of insignificant value

or in the case of critical national infrastructure. In doing so it shall

give its reasons in writing and shall before taking a final decision,

give any interested parties the opportunity to make any written

submissions on the draft exemptions within such reasonable time as

it may establish.

(1) All relevant information concerning the conditions and

procedures applicable for granting permits for civil works needed

with a view to deploying elements of high-speed electronic

communications networks, including any information concerning

exemptions applicable to such elements as regards some or all

permits required under national law, shall be available through the

Single Information Point.

(2) An undertaking may by electronic means through the Single

Information Point, submit applications for permits required for

civil works which are needed with a view to deploying elements of

high-speed electronic communications networks.

(3) The competent authority for permit granting shall grant or

refuse a permit within four months from the date of the receipt of a

complete permit request, without prejudice to other specific

deadlines or obligations laid down for the proper conduct of the

procedure which are applicable to the permit granting procedure in

accordance with national or European Union law or of dispute

resolution or litigation proceedings however so described

Provided that any refusal shall be duly justified on the basis

of objective, transparent, non-discriminatory and proportionate

criteria

Provided further that exceptionally in duly justified cases,

the deadline may be extended, which extension shall be the shortest

possible in order to grant or refuse the permit.

(4) An undertaking which has suffered damages as a result of

non-compliance with deadlines under this article has the right to

seek compensation in accordance with the applicable national

legislation.

(1) The functions of the Single Information Point under

this Act shall be performed by the competent infrastructure

regulator.

(2) Any person who, in accordance with this Act, is required to

provide any information however so described, shall ensure that

such information is provided to the Single Information Point in a

timely manner and in accordance with any time frames established

in accordance with this Act, or in the absence of such time frames

within such time frames as the Single Information Point may

reasonably establish.

(3) Any person who acts in breach of any requirement under

this Part in so far as it relates to the provision of any information to

the Single Information Point shall be liable to an administrative

fine not exceeding ten thousand euro (€10,000) and, or to a daily

administrative fine not exceeding five hundred euro (€500).

(1) Where applicable any person or body who grants an

exemption in accordance with the provisions of this Part, shall

forthwith in writing inform the Utilities Committee of the granting

of such an exemption and where applicable any public sector body.

(2) The Utilities Committee shall notify the European

Commission of any exemptions granted in accordance with the

provisions of this Act.

In the event of conflict the provisions of the Electronic

Communications (Regulation) Act and of any regulations listed

under the Third Schedule shall prevail over any of the provisions of

this Part

Provided that the Minister responsible for electronic

communications may, from time to time by notice in the Gazette,

amend the list of regulations stated in the aforesaid Schedule.

PART IV

Utilities Services Advisory Committee

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

Services Advisory Committee, which body shall be appointed by

the Minister responsible for infrastructure for a term, which may be

renewed, of not less than one year and not more than three years,

which body shall be composed of

(a) a chairman chosen by the Minister responsible for

infrastructure from among persons with expertise of

infrastructure utility sharing;

(b) a representative of each utility regulator appointed by

the respective utility regulator as may from time to

time be listed in the Second Schedule;

UTILITIES AND SERVICES (REGULATION OF CERTAIN WORKS)

(c) a representative from any other government body that

the Minister responsible for infrastructure may

consider as being relevant;

(d) at least one person with proven expertise in utility

infrastructure sharing.

(2) The Utilities Committee shall perform any function that it

m a y b e r e q u i r e d t o u n d e r t a k e in accorda nc e with this A ct,

including

(a) the making of guidelines on any aspect regulated by

this Act in so far as such guidelines relate to utility

infrastructure access and, or the determination of any

disputes related thereto including but not limited to

guidelines

(i)

on the criteria for refusal of access to physical

infrastructure;

(ii) on the format of information requirements for

requests to access a utility infrastructure;

(iii) on the format of the provision of information on

the physical infrastructure of a network operator

to the Single Information Point;

(iv) on the minimum information, if any, to be

provided because of the security of the networks

or their integrity, or because of national security,

public health or safety, confidentiality or

commercially sensitive information;

(v) to assist any adjudicative or regulatory body in

determining any disputes however so described

as may be referred to that body for determination

under this Act;

(b) advising on the making of rules on the apportioning of

the costs related to the coordination of civil works;

(c) advising on the making of rules with regard to

infrastructure access charges and, or technical aspects

in relation to such infrastructure access;

(d) where applicable dealing with requests for exemptions

made under this Act; and

(e) such other tasks as the Minister for infrastructure in

line with the purposes of this Act may assign to it.

(3) Nothing in this article shall be construed as precluding any

public sector body from the making of any guidelines or rules

however so described with respect to any matters referred to in sub-

article (2) in so far as such guidelines or rules relate to the

networks or services regulated by the public sector body

concerned

Provided that such guidelines or rules shall, once issued, be

communicated to any such other public sector bodies which the

issuing public sector body considers has an interest in knowing

about the issue of such guidelines or rules in that these may impact

the regulatory work of such other public sector bodies.

PART V

Utilities Networks Dispute Resolution Board

There shall be a dispute resolution board to be known as the

Utilities Networks Dispute Resolution Board which Board shall

exercise and perform the functions assigned to it by this Act and by

any other law.

(1) The Dispute Resolution Board shall be composed of a

President, who shall be a judge or an ex-judge or a magistrate or an ex-

magistrate appointed by the President of Malta acting on the advice

of the Prime Minister, and two members selected by the President

of the Board from a panel of ordinary members

Provided that if the President is an ex-judge or an ex-

magistrate his appointment shall be for a term of five years and he

shall vacate his office at the expiration of the term of the said

appointment.

(2) There shall be a panel of six ordinary members, all with at

least ten years relevant experience, appointed by the President of

Malta acting on the advice of the Prime Minister, from amongst

persons having relevant qualifications in any one or more of the

fields of expertise related to the matters regulated by this Act or

th a t m a y f r om to ti m e t o t im e b e referred to the Board f or

resolution.

(3) In selecting the two ordinary members to sit on the Board

under sub-article (1), the President shall take due account of the

nature of the case and the market concerned.

(4) The ordinary members of the Board shall be appointed for a

term of five years which term of office may be renewed for one other

term of up to five years.

(5) The ordinary members of the Dispute Resolution Board

may resign their office by a letter addressed to the President of

Malta. The resignation shall take effect when the letter signifying

the resignation is received by the President of Malta or by any

person authorized by him.

(6) An ordinary member of the Dispute Resolution Board may

not be removed from office except by the President of Malta acting

on the advice of the Prime Minister on the ground of proved

inability to perform the functions of his office whether arising from

infirmity of body or mind or any other cause, or proved

misbehaviour.

(7) Notice of all appointments to the Dispute Resolution Board

and of all other changes in its membership shall be published in the

Gazette.

(8) The Dispute Resolution Board shall be independent from all

parties to the dispute in the performance of its functions, and the

members thereof in the exercise of their functions shall act on their

own individual judgment and shall not be subject to the direction or

control of any person or authority.

(9) The ordinary members of the Dispute Resolution Board

shall not be precluded from the exercise of their respective

professions.

(10) The ordinary members of the Dispute Resolution Board

shall receive such remuneration established in accordance with the

Fourth Schedule, which remuneration shall not be altered during

the tenure of their appointment to their disadvantage

Provided that the said Schedule may from time to time be

varied by the Prime Minister

Provided further that any such remuneration shall be paid

out of the Consolidated Fund without the necessity of any further

appropriation.

(11) A person shall not be qualified to be appointed or remain an

ordinary member of the Dispute Resolution Board if

(a) he has been declared an undischarged bankrupt; or

(b) he has been sentenced to imprisonment for six months

or more by any court; or

(c) he has been found guilty of any offence against this

Act, any law relating to the regulation of any utility

service or any regulations made under this Act or any

such laws; or

(d) he is a Member of the House of Representatives or of

the European Parliament or of a Local Council.

(12) An ordinary member of the Dispute Resolution Board shall,

before the commencement of any case, declare any interest he may

have in the proceedings and the President shall, where he considers

that such interest may prejudice the independence of the member

concerned, appoint another member from the panel.

(13) Where proceedings have commenced and no final decision

has yet been delivered and the member has ceased to be a member

thereof or for any other reason is unable to perform the functions of

his office, the President may elect to appoint another member from

the panel in his stead, and should it be strictly necessary for the

proper determination of the dispute recommence proceedings, or

continue to hear the dispute with only one ordinary member

Provided that where the term of appointment has expired

and the ordinary member has not been reappointed, the ordinary

member shall continue to hear the dispute until it is concluded.

(14) The President where he is an ex-judge or ex-magistrate and the

ordinary members of the Dispute Resolution Board, shall, during their

term of office, act with integrity and not engage in any activity

which would harm the proper administration of justice or which,

due to knowledge gained from business secrets or other

confidential information during the tenure of their office, would

give rise to conflict of interest and harm the interests of any parties

to the proceedings before the Board. Any person who acts in

contravention of this sub-article shall be guilty of an offence

against this Act and shall on conviction be liable to a fine (multa)

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

twenty fifty thousand euro (€25,000), and the court may, in

addition, award the punishment of temporary or perpetual general

interdiction from occupying any public office.

(1) Upon taking cognizance of a dispute, the Dispute

Resolution Board shall notify the parties concerned of the matter

under dispute, allowing them such reasonable time as may be

determined by the Board to produce relevant information and to

make their representations.

(2) The Dispute Resolution Board shall in all instances

endeavour to determine any dispute referred to it within the

shortest possible time, and in any case in accordance with the

specific time frames established under this Act or under any other

applicable law under which it may be empowered to determine

disputes

Provided that it shall be at the discretion of the Board on

how it shall conduct proceedings before it. In particular the Board

may, if it considers it appropriate in the circumstances, determine a

d i s p u t e o n l y o n t h e b a s i s o f su c h w r i t t e n s u b m i ss i o n s a n d

documentation as it may require, and it shall be at its discretion to

determine whether oral hearings and, or on site visits are necessary

Provided further that the Board shall in all instances abide

with the principles of natural justice.

(3) The Dispute Resolution Board shall, after examining the

facts and any representations submitted to it and such other

information as it may require, determine the dispute.

(4) The Dispute Resolution Board may at its discretion whether

of its own initiative or following a request of a party to the dispute

if it considers such a request as being reasonable given the specific

circumstances of the dispute, assist the parties in arriving at an

amicable settlement on all or some of the issues in dispute before

proceeding or continuing with the determination of the dispute

Provided that in doing so the Board shall in all instances

factor the need to settle the dispute in the shortest time possible and

any negative impact that a party may suffer if there is a delay in

resolving the dispute

Provided further that an aggrieved party shall before

making a dispute under this Part, where feasible, endeavour to

settle any such dispute by seeking the mediation of the competent

utility or infrastructure regulator or regulators as the case may be.

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

Board shall ensure that the application submitting the dispute to the

Board contains the following

(a) a clear and correct statement of the subject-matter and

the cause or causes giving rise to the dispute;

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

party filing the dispute may be aware of;

(c) a copy of all the relevant documentation in support of

the dispute being made; and

(d) the remedy being requested from the Disputes

Resolution Board.

(6) The Disputes Resolution Board shall within two working

days of receipt of the application submitting the dispute, notify the

party against whom the dispute has been made, with a copy of the

application, giving the said party such time as the Board may

consider reasonable to file a written response, which time shall not

in any case exceed twenty days.

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

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

stated in the application. If the said party is contesting some or all

of the claims, it shall then submit a written response to the Disputes

Resolution Board which shall include the following

(a) any such pleas as would be taken to be waived if not

raised before the contestation of the dispute;

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

of the claims in dispute;

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

party replying to the dispute is aware of, denying,

admitting or explaining the circumstances of fact set

out in the dispute; and

(d) a copy of any relevant documentation in support of its

response

Provided that the Dispute Resolution Board shall within three

working days of receipt of this response notify the party making the

dispute with the same.

(1) The Registrar of Courts or any other person acting in

his stead or on his behalf in accordance with the Code of

Organization and Civil Procedure shall be the Registrar of the

Dispute Resolution Board appointed in accordance with this Part.

(2) All acts brought before the Dispute Resolution Board shall

be kept in the Registry of the Inferior Courts which shall be the

registry of the Board.

(3) The Minister responsible for justice may by regulations

under this Act establish

(a) the fees that may be due to the Registry of the Dispute

Resolution Board;

(b) the fees that may be due to advocates, legal

procurators and other persons representing the parties

appearing before the Board; and

(c) the fees that may be due to experts appearing before

the Board

Provided that until fees are prescribed by the Minister

responsible for justice under paragraphs (a) to (c), the fees

established in the Code of Organization and Civil Procedure shall

apply.

(4) The Registry of the Dispute Resolution Board shall, where

applicable, keep both a non-confidential version, and where

applicable when directed by the Board a confidential version of the

records of each dispute referred to the Board.

(5) The records of the Dispute Resolution Board shall be

accessible to all persons, and copies shall be given on payment of

the prescribed fee to any person on request

Provided that due regard shall be had to the protection of

any confidential information and business secrets.

(6) All acts shall be filed, issued and served in accordance with

the provisions of the Code of Organization and Civil Procedure,

subject to any rules made under this Act, or regulations made

thereunder or unless the Minister responsible for justice shall by

regulation otherwise prescribe.

(1) The Registrar shall provide the necessary personnel

for the holding of sittings of the Dispute Resolution Board. The

officials so designated shall, in execution of their duties, enjoy and

exercise all such powers as are vested by the Code of Organization

and Civil Procedure in officials performing similar duties.

(2) The sittings of the Dispute Resolution Board shall, where

applicable be held on such days and at such times as shall be fixed

by the President in the building of the Courts in Malta and, or in

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

President may consider appropriate in the circumstances.

(1) The Dispute Resolution Board shall have the powers

and shall follow the procedures laid out in the provisions of this

Act and any regulations made thereunder.

(2) The Minister responsible for justice may make rules not

inconsistent with this Act, and any regulations made thereunder,

prescribing the procedures and the forms to be followed and used

before the Dispute Resolution Board.

(3) In the absence of provisions or rules as aforesaid, the

Dispute Resolution Board shall regulate its own procedures.

(1) The Dispute Resolution Board, in determining any

dispute referred to it, may

(a) require any public sector body to provide any

information or submit any report which the Board

considers may be necessary to assist it in determining

the said dispute; and, or

(b) appoint a qualified expert in any areas falling within

the remit of the Board, to report to the Board on any

aspect of any dispute referred to the Board

Provided that the Board in requiring any such information

and, or any such report, shall establish such time frames and such

conditions as it may consider reasonable in the circumstances,

including in the case of any such report as it may require in

accordance with this article, the matters in relation to which it is

seeking input from the said body or expert.

(2) The Dispute Resolution Board may, through its President,

summon any person to appear before it and give evidence and

produce documents, and the President shall have the power to

administer the oath.

(1) Any party to a dispute referred to the Dispute

Resolution Board who feels aggrieved with any decision given by

the Board following its determination of any dispute referred to it

may on a point of law contest such a decision before the Court of

Appeal (Inferior Jurisdiction) as constituted in accordance with

article 41(9) of the Code of Organization and Civil Procedure by

means of an application filed in the registry of that court within

twenty days from the date of the decision of the Dispute Resolution

Board.

(2) The Minister responsible for justice may by regulations

under this sub-article establish the fees payable in the registry of

the court in relation to the filing of judicial acts in connection with

appeals under this article

Provided that until such fees are so established, the fees in

Schedule A to the Code of Organization and Civil Procedure shall

apply.

(1) The decision of the Dispute Resolution Board pending

an appeal before the Court of Appeal (Inferior Jurisdiction) shall

stand and shall be adhered to by all the parties to whom the

decision applies.

(2) The Court of Appeal (Inferior Jurisdiction), where it

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

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

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

The Court of Appeal (Inferior Jurisdiction) in deciding whether or

not to suspend the decision shall state its reasons and shall take into

account all the relevant circumstances, including

(a) the urgency of the matter,

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

application for suspension is not upheld, and

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

application is upheld

Provided that a party, in making an application under this

article, shall state the factual and legal grounds establishing a

prima facie case for the suspension of the decision. The Court of

Appea l ( Inferior Jurisdiction) shall o n receipt o f any such

application order the notification thereof to the other party or

parties to the appeal affording them reasonable opportunity to make

their response thereto

Provided further that the Court of Appeal (Inferior

Jurisdiction) in determining any such application may include such

conditions as it considers necessary in the circumstances.

In those instances where the Act establishes that the

maximum time frames for the resolution of a dispute referred to the

Dispute Resolution Board may in exceptional circumstances be

extended and the Board decides to extend the time frame, the Board

shall in writing notify all the parties to the dispute accordingly,

stating the reasons why the time frame is being extended, the

period of extension and when it envisages that the dispute shall be

determined.

A party which intends to refer a dispute to the Dispute

Resolution Board in accordance with this Act or any other law,

under which a dispute may be referred to the aforesaid Board, shall

submit its dispute to the Board within one year from when the

cause giving rise to the dispute arose. Failure to do so within such a

period, shall render the reference of any such dispute to the Board

null and void.

The right to refer a dispute under this Act to the Dispute

Resolution Board shall be without prejudice to civil redress,

including claims for any damages suffered, that a party may be

entitled to seek at law before the ordinary courts.

(1) The Dispute Resolution Board shall have all such

powers as are, by the Code of Organization and Civil Procedure

vested in the First Hall of the Civil Court.

(2) The enforcement of the decisions of the Dispute Resolution

Board, in the manner provided for in the Code of Organization and

Civil Procedure, shall vest in the Board itself.

(3) In giving a decision in relation to a dispute under Part III of

this Act, the Dispute Resolution Board may, where it considers that

a party to the dispute has in a frivolous or vexatious manner failed

to comply with a requirement under this Part, request the competent

utility regulator to take such measures as that regulator may, in

accordance with its powers at law, consider appropriate in the

circumstances, including the imposition of administrative fines

Provided that in deciding on what measures, if any, to take,

the competent regulator shall consider if any such act or omission

has impacted negatively on the cost of deployment of the high

speed electronic communications networks.

Any person who files a dispute before the Dispute

Resolution Board or an appeal from a decision given by the Board

before the Court of Appeal (Inferior Jurisdiction), shall forthwith

notify in writing the competent infrastructure regulator and the

Malta Communications Authority with such dispute or appeal as

the case may be.

(1) A party may in writing request the Malta

Communications Authority to take such measures as the Authority

in accordance with its powers at law may consider appropriate, to

ensure that a decision issued by the Dispute Resolution Board is

complied with

Provided that in doing so the party concerned shall state its

reasons why it considers it necessary that the Authority should

intervene to ensure compliance

Provided further that any such request may only be

submitted if the aggrieved party demonstrates to the satisfaction of

the Authority that continued non-compliance with the decision may

impact negatively on its provision of electronic communications

services and, or networks.

(2) The Malta Communications Authority may of its own

initiative undertake any such measures in accordance with its

powers at law if it considers that the continued non-compliance of a

decision issued by the Dispute Resolution Board is impacting

negatively on the provision of electronic communications services

and, or networks in Malta.

PART VI

Miscellaneous

(1) Unless otherwise provided in this Act the Minister

responsible for infrastructure may, of his initiative or where he

considers necessary after consultation with any other Minister or

Ministers responsible for other public sector bodies, make, vary or

revoke any regulations in relation to any matters dealt with under

this Act or required for the carrying into effect of this Act including

but not limited to the following

(a) any matter relating to rights of way including fees that

may be charged for such rights; and, or

(b) for the manner in which any trench, pit, pole, stay,

bracket or other essential accessory in connection with

fixed

electrical

power

and,

or

electronic

communications network in Malta shall be cut, placed,

erected or fixed and generally for the proper working

of any such networks however so described.

(2) Any person who acts in contravention of any regulations

made under this article shall be liable to a fine (multa) not

exceeding ten thousand euro (€10,000).

Unless otherwise provided in this Act any service of notice

however so described to be given to any person in accordance with

this Act shall be addressed to that person and shall be given to the

person concerned in any of the following ways

(a) by delivering it to the person;

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

ordinarily resides or carries on business;

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

address at which the person ordinarily resides or

carries on business;

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

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

by registered post addressed to the person to that

address;

(e) in any case where the immediate giving of the notice is

required, by sending it, by means of a facsimile

machine or by electronic mail, to a device or facility

for the reception of facsimiles or electronic mail

located at the address at which the person ordinarily

resides or carries on business or, if an address for the

service of notices has been furnished by the person,

that address, provided that the facsimile machine of

the sender generates a message confirming successful

transmission of the total number of pages of the notice

or the facility of the sender for the reception of

electronic mail generates a message confirming receipt

of the electronic mail

Provided that the provisions of this paragraph shall not

apply to the notification of documents filed before the

Tribunal, the Dispute Resolution Board or any Court

however so described.

The Minister responsible for infrastructure may, where

appropriate, on the advice of or after consultation with the competent

infrastructure regulator or regulators and, or with the competent utility

regulator or regulators, by legal notice lessen the time frames stated in

the article 14(3), article 15(2) or article 15(4)

Provided that before doing so the Minister shall undertake a

public consultation and consider any such submissions as may be

made in the course of such a consultation.