Telecommunications Services (General) Regulations, 2000

L.N. 151 of 2000

TELECOMMUNICATIONS (REGULATION) ACT

(CAP. 399)

Telecommunications Services (General) Regulations, 2000

IN EXERCISE of the powers conferred by section 38 of the

Telecommunications (Regulation) Act, the Minister for Transport and

Communications, after consultation with the competent authority, has

made the following regulations:-

These regulations shall be cited as the Telecommunications Citation.

Services (General) Regulations, 2000.

PART 1

Licence

for

Public Fixed Telecommunications Systems and Services

Granted by the Regulator as the competent authority to regulate

telecommunications in exercise of the powers conferred by the

TELECOMMUNICATIONS (REGULATION) ACT, CAP. 399.

DATE OF ISSUE

[date]

VALIDITY PERIOD

Ten years

Name of the company

Registered address

Registration number

1.0 Scope of Licence

1.1. [_ _] is licensed to provide public fixed telecommunication services

("Services"), and to establish and maintain telecommunications systems ("Systems"),

throughout the territory of Malta and between Malta and other countries.

1.2. The licensed Services include transmission of voice, data, image or video

communications, via facilities that are switched or leased, narrowband or broadband,

provisioned directly or via resale of other Operator's services.

1.3. This licence shall not be construed as granting an exclusive right to the

Licensee to provide the Services.

1.4. [_ _] may offer hybrid services including mobile and as well as fixed

extensions, and wireless as well as wired network links, through agreements with other

licensed Operators or through use of 1:-] 's own licensed facilities.

1.5.

The Telecommunications (Regulation) Act, all national Laws and

Regulations, and decisions ofthe Regulator, shall apply to the Licensee for all purposes

and form an integral part of this licence except in those cases where the Licensee is

specifically exempted.

B

[__ l and other interested parties will be given notice of prospective

1.6

changes in Regulations and of decisions by the Regulator, and will have an opportunity

to comment as provided by Maltese law.

2.0 System and Service Implementation

The Licensee shall complete construction of its system, and shall introduce services

to users in Malta substantially as committed under its licence application in terms of

geographic scope, availability to users, and quality of service.

3.0 Fees

The Licensee shall pay initial and renewal fees in the amounts and at the times

stated, consistent with any Laws or Regulations that provide for such fees.

4. 0 Lawful Interception Capability

The Licensee shall furnish to competent authorities the data and equipment needed

to accomplish their lawful interception requirements as specified by Maltese law.

5. 0 Transfer of Licence

The Licensee shall not transfer all or part of this licence without the prior written

consent of the Regulator and subject to reasonable conditions. In giving his consent,

the Regulator will have regard to such matters he think~ fit, including the effect which

the transfer will have on the market structure and the financial and technical competence

of the Transferee.

6.0 Renewal

This licence shall automatically be renewed for subsequent ten year terms unless

a breach occurs of applicable laws, regulations and Regulator's decisions, or an

overriding policy need arises. A consultation process will commence no later than six

months prior to the end of the licence term if the Regulator foresees the possibility that

he will not renew the licence.

7. 0 Termination

This Licence shall be subject to termination in whole or in part because of its

expiration, renunciation by the Licensee, revocation in accordance with the

Telecommunications (Regulation) Act, or insolvency, liquidation or bankruptcy of the

Licensee.

8. 0 Reporting

The Licensee shall furnish to the Regulator, in such a manner and at such times as

the Regulator may reasonably request, such network, operations and financial

information as he may reasonably require for the purpose of verifying that the Licensee

is complying with the conditions of the Licence and for statistical purposes.

9. 0 Resolution of Disputes

The Licensee shall follow the procedures set up by law or by the Regulator in

order to resolve disputes in a fair, transparent and timely manner and shall take such

steps as are required by the Regulator.

B

PART 2

Licence

for

Public Mobile Telecommunications

Granted by the Regulator as the competent authority to regulate

telecommunications in exercise of the powers conferred by the

TELECOMMUNICATIONS (REGULATION) ACT, CAP. 399.

DATE OF ISSUE

[dateJ

VALIDITY PERIOD

Ten years

Name of the company

Registered address

Registration number

1.0 Scope of Licence

1.1

r - J is licensed to provide a public mobile telecommunication service

("Service"), and to establish and maintain a telecommunications system ("System"),

throughout the territory of Malta.

1.2 [_ _J is licensed to provide telecommunications service between Malta

and other countries, starting January 1st, 2003.

1.3 This licence shall not be construed as granting an exclusive right to the

Licensee to provide the Service.

1.4 [_ _J may use its allocated frequency spectrum and network to offer hybrid

services including fixed as well as mobile extensions, and data as well as voice services,

through agreements with other licensed Operators or through use of [_ _J 's own

licensed facilities.

1.5 [_ _] The Telecommunications (Regulation) Act, all national Laws and

Regulations, and decisions of the Regulator, shall apply to the Licensee for all purposes

and form an integral part of this licence except in those cases where the Licensee is

specifically exempted.

1.6 l - ] and other interested parties will be given notice of prospective changes

in Regulations and of decisions by the Regulator, and will have an opportunity to

comment as provided by Maltese law.

B

2.0 System and Service Implementation

The Licensee shall complete construction of its system, and shall introduce services

to users in Malta, as committed under its licence application in terms of geographic

scope, availability to users, and quality of service.

3.0 Fees

The Licensee shall pay initial and renewal fees to the Regulator in the amounts

and at the times stated by the Regulator, consistent with any Laws or Regulations that

provide for such fees.

4. 0 Lawful Interception Capability

The Licensee shall furnish to competent authorities the data and equipment needed

to accomplish their lawful interception requirements as specified by national Maltese

law.

5. 0 Transfer of Licence

The Licensee shall not transfer all or part of this licence without the prior written

consent of the Regulator and subject to reasonable conditions. In giving his consent,

the Regulator will have regard to such matters he thinks fit, including the effect which

the transfer will have on the market structure and the financial and technical competence

of the Transferee.

6.0 Renewal

This licence shall be renewed for subsequent ten year terms unless a breach occurs

of applicable laws, regulations and Regulator's decisions, or an overriding policy need

arises. A consultation process will commence no later than six months prior to the end

of the licence term if the Regulator foresees the possibility that he will not renew the

licence.

7. 0 Termination

This Licence shall be subject to termination in whole or in part because of its

expiration, renunciation by the Licensee, revocation in accordance with the

Telecommunications (Regulation) Act, or insolvency, liquidation or bankruptcy of the

Licensee.

8. 0 Reporting

The Licensee shall furnish to the Regulator, in such a manner and at such times as

the Regulator may reasonably request, such network, operations and financial

information as he may reasonably require for the purpose of verifying that the Licensee

is complying with the conditions of the Licence and for statistical purposes.

9. 0 Resolution of Disputes

The Licensee shall follow the procedures set up by law or by the Regulator in

order to resolve disputes in a fair, transparent and timely manner and shall take such

steps as are required by the Regulator.

B

PART 3

Licence

for

Fixed Wireless Telecommunications Services

Granted by the Regulator as the competent authority to regulate

telecommunications in exercise of the powers conferred by the

TELECOMMUNICATIONS (REGULATION) ACT, CAP. 399.

DATE OF ISSUE

[datel

VALIDITY PERIOD

Ten years

Name of the company

Registered address

Registration number

1.0 Scope of Licence

1.1 L-l is licensed to provide fixed wireless telecommunication services

("Services"), and to establish and maintain a telecommunications system ("System")

for this purpose,in the following localities as defined in the Local Councils Act, Cap.

363: L-l.

1.2 L-l is licensed to provide telecommunications services between Malta

and other countries, starting January 1st, 2003.

1.3 The licensed Services include transmission of voice, data, image or video

communications, via narrowband or broadband fixed wireless network channels.

1.4 This licence shall not be construed as granting an exclusive right to the

Licensee to provide the Services.

1.5 [__ l may offer hybrid services including mobile and as well as fixed

extensions, and wireless as well as wired network links, through agreements with other

licensed Operators or through use of [__]'s own licensed facilities.

1.6 [__ l The Telecommunications (Regulation) Act, all national Laws and

Regulations, and decisions of the Regulator, shall apply to the Licensee for all purposes

and form an integral part of this licence except in those cases where the Licensee is

specifically exempted.

B

1.7 L-l and other interested parties will be given notice of prospective changes

in Regulations and of decisions by the Regulator, and will have an opportunity to

comment as provided by Maltese law.

2. 0 System and Service Implementations

The Licensee shall complete construction of its system, and shall introduce services

to users in Malta, as committed under its licence application in terms of geographic

scope, availability to users, and quality of service.

3.0 Fees

The Licensee shall pay initial and renewal fees to the Regulator in the amounts

and at the times stated by the Regulator, consistent with any Laws or Regulations that

provide for such fees.

4. 0 Lawful Interception Capability

The Licensee shall furnish to competent authorities the data and equipment needed

to accomplish their lawful interception requirements as specified by national Maltese

law.

5. 0 Transfer of Licence

The Licensee shall not transfer all or part of this licence without the prior written

consent of the Regulator and subject to reasonable conditions. In giving his consent,

the Regulator will have regard to such matters he thinks fit, including the effect which

the transfer will have on the market structure and the financial :iI1d technical competence

of the Transferee.

6.0 Renewal

This licence shall be renewed for subsequent ten year terms unless a breach occurs

of applicable laws, regulations and Regulator's decisions, or an overriding policy need

arises. A consultation process will commence no later than six months prior to the end

of the licence term if the Regulator foresees the possibility that he will not renew the

licence.

7. 0 Termination

This Licence shall be subject to tennination in whole or in part because of its

expiration, renunciation by the Licensee, revocation in accordance with the Tele-

communications (Regulation) Act, or insolvency, liquidation or bankruptcy of the

Licensee.

8. 0 Reporting

The Licensee shall furnish to the Regulator, in such a manner and at such times as

the Regulator may reasonably request, such network, operations, and financial

information as he may reasonably require for the purpose of verifying that the Licensee

is complying with the conditions of the Licence and for statistical purposes.

9. 0 Resolution of Disputes

The Licensee shall follow the procedures set up by law or by the Regulator in

order to resolve disputes in a fair, transparent and timely manner and shall take such

steps as are required by the Regulator.

(I) These regulations shall, unless the context otherwise Application.

requires, apply to

(a)

Public fixed telecommunications systems and services;

(b)

Public mobile telecommunications systems and services;

(c)

Fixed wireless telecommunications systems and services.

(2) Any person providing any of the services or operating

any of the systems mentioned in this regulation shall comply with these

regulations.

/Regulation 4l)

Licence Fees

Fees to be paid on the grant of a licence

1. For public fixed telecommunications

(i)

systems and services... ..

.

(ii) For

public

mobile

telecommunications systems and services......

(iii) For fixed wireless telecom-

munications systems and services.......

Fees to be paid on an annual basis

2. (i) For public fixed telecommunications

systems and services

.

(ii) For public mobile

telecom-

munications systems and services

.

(iii) For flXed wireless telecommunications

systems and services

II

3. Fees for subscriber numbers

II....

Ordinary numbers

(i)

Valuable numbers...

(ii)

Network codes

(iii)

These regulations shall come into force as the Minister may Commencement.

by Order determine and different dates may be appointed in respect of

different regulations.

In these regulations, unless the context otherwise requires

Definitions.

"operator" means an operator of public fixed

telecommunications systems and services or public mobile

telecommunications systems and services or fixed wireless

telecommunications systems and services;

"a dominant market position" has the same meaning as is

assigned to it in regulation 6;

"Regulator" means the "competent authority" or "Authority"

defined in section 2 of the Telecommunications (Regulation) Act.

(I) No person shall provide any of the services or operate any

of the telecommunications systems referred to in regulation 2 of these

regulations without being authorised to do so under a general authorisation

or by an individual licence issued in terms of the Telecommunications

(Regulation) Act.

(2) Licences issued by the Regulator in respect ofthe operation

of the systems and of the provision of the services referred to in these

regulations shall be in accordance with the applicable Part of the First

Schedule to these regulations and shall only include the terms and conditions

listed in the said First Schedule and other terms and conditions included

according to a procedure prescribed by these regulations.

(3) The Regulator shall be entitled to issue licences that include

conditions which are different from those of the licences included in the

First Schedule to these regulations where the Regulator is satisfied that a

variation of the said conditions is objectively justifiable in particular

circumstances. In such cases the Regulator shall give the person applying

for the licence a reasonable opportunity to make submissions about the

proposed variations, and in the case where the final decision ofthe Regulator

is against what has been submitted by the applicant, the said decision shall

include reasons.

(4) Nothing in these regulations shall prohibit the Regulator

from issuing a single licence incorporating more than one of the licences

included in the First Schedule to these regulations.

(5) Licences may be issued either nationwide or in respect of

any particular geographical area or locality.

(6) The number of licences for the provision of the systems

and services referred to in SUbparagraph (b) of paragraph (I) of regulation

2 shall be limited to two

Provided that the said number of licences shall be subject to a

review to be conducted by the Regulator which review shall commence

and be concluded during the year 2003

Provided further that -

(a) the said review shall consider the need to maximise

benefits for users and to facilitate the development ofcompetition;

the said review shall enable all interested parties to

(b)

express their views on any limitation; and

(c) the conclusions of the said review and the reasons

therefor shall be published.

(7) The categories of systems and services listed in paragraph

(1) of regulation 2 shall be licen!'cd separately and separate accounts shall

be kept in respect of each category of any said systems or services.

(8) No person or company shall directly or indirectly control

or be responsible for more than one operator in each category of systems

and services listed in paragraph (1) of regulation 2.

(9) A person or company that holds a controlling interest or is

a Directoror has a right to nominate a Director in an operator in any category

of systems and services listed in paragraph (1) of regulation 2 may not

participate in the ownership of any other operator in the same category of

systems and services.

(10) A person or company that is not prohibited from

participating in the ownership of another company under paragraph (9)

above shall limit its participation in the ownership of any operator in each

category of systems and services listed in paragraph (I) of regulation 2 to a

maximum of five per cent.

(1) An operator shall be presumed to have a dominant market A dominant market

position when it has more than twenty five per cent of the particular position.

telecommunications market in the geographical area within which it is

authorised to operate. The said percentage shall be based on the operator's

percentage of the gross revenues in the particular telecommunications

market

Provided that for the purpose of defining operators with a dominant

market position in markets regulated under these regulations the

telecommunications markets shall consist of

Public fixed telephony; and

(i)

Mobile telephony

(ii)

Provided further that an operator offixed wireless telecommunications

systems and services shall be deemed to have a dominant market position

if at least twenty per cent of its voting shares are owned by an operator of

public fixed telecommunications systems and services having a dominant

market position.

(2) In exceptional circumstances which shall be publicly

explained by the Regulator, the Regulator may by notice in the Gazette

designate certain operators as having a dominant market position even if

such operators do not qualify to be presumed to have a dominant market

position under paragraph (1) above. The determination of the Regulator

shall take into account the operator's ability to influence market conditions,

its turnover relative to the size of the market, its control of the means of

access to end use, its access to fmandal resources and its experience in

providing products and services in the market.

(3) The Regulator shall keep a register of operators having a

dominant market position and such register shall be revised at least once a

year. The criteria for determining whether an operator has a dominant market

position shall also be kept under review by the Regulator particularly with

a view to further defining the relationship between the regulation of

competition under the Competition Act and regulation of competition that Cap. 379.

is specific to the telecommunications sector.

(4) Dominant market position obligations shall not apply to

data transmission services by operators but shall apply to data transmission

systems.

(1) It shall be the duty of an operator having a dominant

market position to comply with the quality of service targets established

by the Regulator and published in the Gazette.

(2) Operators having a dominant market position or having

universal service obligations shall keep up-to-date information

concerning their performance based on the parameters, definitions and

measurement methods prescribed by the Regulator

Provided that in the case of public fixed telecommunications

services, such parameters, definitions and measurement methods shall

be consistent with Annex III of the European Commission's Revised

Voice Telephony Directive

Provided further that operators providing telephony services on

public fixed telecommunications systems for less than eighteen months

may be exempted by the Regulator from such quality of service targets

as the Regulator may consider inappropriate in such circumstances.

(3) Information kept by virtue of this regulation shall be

provided to the Regulator upon request. It may al~o, where appropriate

and after the views of the interested parties have been taken into account,

be published by the Regulator.

(4) Where the Regulator is satisfied that there is persistent

failure by an operator to meet quality of se.vice targets the Regulator

may take such measures in respect of such operator in accordance with

rules which the Regulator may establish.

(5) Where the conditions mentioned in paragraph (4) of

these regulations exist, measures which may be taken by the Regulator

shall include the imposition of an administrative fine upon the operator

after the operator has been granted the opportunity to be heard. Such

fine shall not exceed the sum of Lm 1,000 for each day when the failure

to meet quality of service targets persists. The decision of the Regulator

to impose such a fine shall be subject to appeal to the Tele-

communications Appeals Board.

(6) The filing of the appeal shall not, however, hinder the

enforcement of the decision of the Regulator.

(1) Quality of service targets for operators of public fixed

telecommunications systems and services having a dominant market

position shall include

Supply time for initial connection;

(i)

(ii) Average supply time for installation and line transfers;

(iii) Fault rate per access line;

(iv) Unsuccessful call ratio;

(v) Call set up time;

(vi) Response times for operator services;

(vii) Response times for directory enquiry services;

(viii) Proportion of coin and card operated public pay-

telephones in working order;

(ix) Billing accuracy;

(x) The number of service appointments for a specific time

and day that are not met by the operator;

(xi) The number of user complaints per month relative to

the total number of main lines;

(xii) Other quality of service measures as defined and

published by the Regulator

Provided that the quality of service targets stipulated in sub-

paragraphs (i), (iii), (iv), (v), (vi), (vii) and (viii) above shall be measured

according to ETSI ETR 138 standard.

(2) Quality of service targets for operators of public mobile

telecommunications systems and services having a dominant market

position shall include

Supply time for initial connection;

(i)

Unsuccessful call completion ratio;

(ii)

(iii) Call drop ratio being the percentage of calls

involuntarily terminated by the network instead of by users;

(iv) Call set up time;

Response times for operator services;

(v)

(vi) Response times for directory enquiry services;

(vii) Billing accuracy;

(viii) The number of user complaints per month relative to

the total number of subscribers;

(ix) Other quality of service measures as defined and

published by the Regulator

Provided that the quality of service targets stipulated in sub-

paragraphs (i), (ii), (iv) and (v) above shall be measured according to

ETSI ETR 138 standard.

(3) Quality of service targets for operators of fixed wireless

systems or services having a dominant market position which provide

telephony services shall include

(i) Supply time for initial connection;

(ii) Fault rate per access line,

(iii) Fault repair time;

(iv) Unsuccessful call ratio;

(v) Call set up time;

(vi) Response times for operator services;

(vii) Response times for directory enquiry services;

(viii) Billing accuracy;

(ix) Other quality of service measures as defined and

published by the Regulator

Provided that the quality of service targets stipulated in sub-

paragraphs (i), (ii), (iii), (iv), (v) and (vi) above shall be measured

according to ETSI ETR 138 standard.

(4) An operator having a dominant market position shall

establish an efficient system to receive fault reports and reports of

repairing failures in its telecommunications system and shall submit

quarterly reports to the Regulator on the number of fault reports, the

results of repair and compensation given to subscri~ers, if any, due to

service interruption.

(1) The Regulator shall ensure that the principles of

competition law are fully applicable in the t~lecommunications sector

in particular with regard to

Examination of interconnection agreements;

(i)

Conditions for market access to competing system

(ii)

providers;

Schemes established for funding universal service

(iii)

obligations;

(iv) Access to rights of way;

(v) Cross-ownership of different networks and joint

provision of networks or services; and

(vi) Emergence of global and regional partnerships and

alliances

Provided that for the purpose of implementing his functions

under this regulation the Regulator may seek the advice of the Office

for Fair Compecition established under the Competition Act.

(2) An operator shall refrain from doing anything, by act or

omission, which has the effect or the intention of preventing, restricting

or distorting competition in the running of its telecommunications

system. Such act or omission may take the form of

Any abuse by the operator of a dominant position which

(i)

includes, but is not limited to, imposing unfair prices or trading

conditions, limiting production markets or technologies to the

prejudice of consumers or boycotting the supply of goods or

services to competitors;

Entering into any agreement with any other organisation

(ii)

with the intention or effect of preventing, restricting or distorting

competition including, but not limited to, an agreement to share

the available market along geographic or customer lines;

Acting in a discriminatory manner or giving an unfair

(iii)

preference to, or receiving an unfair advantage from, a business

associate if in the opinion of the Regulator a competitor could be

placed at a significant competitive disadvantage;

Linked sales;

(iv)

Predatory cross-subsidies.

(v)

Anti-competitive use of infonnation.

(vi)

(1) An operator has a right and an obligation to negotiate Obligation to

negotiate

interconnection agreements with other operators of public tele- interconnection

communications services. The rights and obligations of operators agreements.

licensed outside Malta with respect to interconnection in Malta shall be

regulated by the Regulator in accordance with the international

obligations of Malta.

(2) An operator shall comply with decisions by the

Regulator concerning facility sharing arrangements.

(3) An operator with a dominant market position shall use

all reasonable efforts to ensure that interconnection is accomplished

promptly, efficiently and at charges which are based on principles of

transparency and cost-orientation, and shall provide facilities and

services at equivalent quality to those provided for the operator's own

internal requirements including

Access to points of interconnection;

(i)

Carriage service for codes, messages or signals across

(ii)

and between the interconnected networks;

Billing infonnation reasonably required to enable other

(iii)

operators to bill their customers;

(iv) Ancillary facilities and services required to support the

interconnection.

(4) An operator with a dominant market position shall accept

any reasonable demand for interconnection and shall

Publish a reference interconnection offer;

(i)

(ii) Have cost-oriented and sufficiently unbundled charges

supported by transparent cost accounting systems;

Communicate interconnection agreements to the

(iii)

Regulator.

(5) The Regulator shall respond within thirty days of an

operator's request for the Regulator to

Specify issues which must be covered in an

(i)

interconnection agreement;

(ii) Stipulate specific conditions to ~e included in an

interconnection agreement;

Establish time limits within which negotiations in

(iii)

respect of an interconnection agreement are to be completed.

(1) Interconnection agreements are private contracts

between operators and a copy of every interconnection contract shall

be provided to the Regulator by each party to the contract within fifteen

days from the coming into force of the contract.

(2) Operators shall indicate to the Regulator the provisions

of the contract that are to be kept confidential insofar as they contain

information on the commercial strategy of any of the operators. It shall

be for the Regulator to decide what information has a confidential

character in accordance with this paragraph.

(l) An operator shall request interconnection to another

operator by registered letter indicating at least the date to start the

commercial service of interconnection and details about the

interconnection services required.

(2) The reference interconnection offer to be published by

an operator with a dominant market position shall contain at least the

following elements

(a) A description of the interconnection services offered

including, but not limited to, terminating service to geographic

numbers, to mobile numbers and to emergency numbers;

(b) A description of services that are complimentary and

additional to interconnection such as number portability and

intelligent network configurations;

(c)

The validity period of the offer;

(d) Information on points of interconnection, their technical

characteristics and interfaces, and conditions to access such

interconnection points;

(e) Information about standards which must be consistent

with European or International standards, and information about

the full set of test processes required to initiate interconnection;

Service tariffs;

(f)

(g) Information of maximum times for interconnection to

be initiated.

( 1) An operator with a dominant market position shall Accounting system

appl icable to

develop an accounting system to calculate charges for interconnections interconnection.

based on Long Run Incremental Costs (LRIC) for network elements

used to provide the interconnections, excluding overheads such as

marketing, personnel or headquarters maintenance.

(2) Pending the operator's calculation of Long Run

Incremental Costs and their approval by the Regulator, interconnection

charges shall be based upon one of the following

(i) A Regulator's decision based on "best current practice"

charges for call terminations published in European Union

countries; or if not available

(ii) A Regulator's decision based on other benchmarks as

the Regulator may deem appropriate.

(1) An operator interconnecting his telecommunications Interconnection

system to that of another operator shall provide bona fide forecasts of forecasts.

originating and terminating traffic anticipated to be sent between each

other's systems across each point of interconnection on a regular basis,

for example three month forecasts revised on no longer than a three

month timetable.

(2) An operator shall provide adequate transmission and

switching facilities to each point of interconnection to carry traffic

originated or terminated on the interconnected networks. A carrier shall

be presumed to have met this obligation by equipping points of

interconnection on the basis of forecasts and making a good faith effort

to account and to provide for actual traffic levels that are above the

forecasts.

(3) An operator shall be compensated if it has received

incorrect forecasts and has spent significant resources to equip points

of interconnection for traffic that dces not come to them. An operator

providing interconnection shall not be responsible for incorrect low

forecasts that result in failed traffic. Additional costs that result from

incorrect high forecasts shall be borne by the operator that makes the

incorrect forecasts.

An operator shall route all calls to the appropriate destination

including calls to other operators.

An operator shall charge for calls to all other operators at par

with calls to the same rate points made within their own or other

networks.

(1)

Numbers are a public scarce resource managed by' the

Regulator.

(2) The Regulator shall approve a national numbering plan

which may be updated and amended from time to time.

(3) Such national numbering plan as updated or amended

from time to time shall be published by the Regulator.

(4) An operator shall conform to any direction given by the

Regulator concerning the national numbering plan.

(5) An operator shall be obliged to provide to the Regulator

upon request any information as the Regulator may reasonably require

for the purpose of administering the national numbering plan.

(1) An operator shall adopt an operator's numbering plan

relating to its licensed service and furnish details of the said operator's

numbering plan to the Regulator. An operator shall also keep the

Regulator informed of any material changes to the operator's numbering

plan as they occur and shall also furnish ~nformation about the operator's

numbering plan upon request to any operator having a reasonable

interest.

(2) An operator shall conform to any directions given by

the Regulator concerning the operator's numbering plan.

If an existing operator's numbering plan is not consistent

(3)

with regulations or with the national numbering plan, the Regulator

may direct an operator to adopt and furnish him with a new numbering

plan or to take such other reasonable remedial action which does not

cause undue inconvenience to the operator's customers as may be

necessary to ensure consistency.

(1) Allocation of numbers grants a right to use the allocated Allocation of

numbers but it is not a property transfer.

(2) The Regulator shall be obliged to allocate numbers to

operators in a transparent, and equitable manner and without undue

delay. Such allocation shall be made in accordance with the national

numbering plan and national and international numbering guidelines.

(3) An operator may request from the Regulator the

allocation of individual numbers or of blocks of numbers. Allocated

numbers shall be used according to the conditions attached to the

allocation by the Regulator.

(4) The Regulator shall respond to numbering requests as

soon as reasonably possible and it shall be obliged to give reasons for a

decision to refuse a numbering request totally or partially.

(l) An operator's request for a numbering allocation shall Implementation of

not be submitted less than six months before the date planned to activate numbering plan.

the requested numbers and it shall include all relevant information

requested by the Regulator.

(2) Number reservations shall be allowed for certain

categories of numbers for a period of one year, which period shall be

subject to extension up to a maximum of two years.

(3) Numbering allocation shall be made by chronological

order according to the date when an operator's request is received by

the Regulator. Simultaneous requests for the same numbers shall be

allocated by lottery.

(4) An operator shall start using the allocated numbers

within six months from the allocation and it shall inform the Regulator

within ten days that a number or block of numbers has started to operate.

(5) The Regulator may terminate or revoke or change

numbering use, giving six months notice to the operator, for the following

reasons

When such termination or change is requested by the

(i)

operator;

(ii) When the operator is in breach of the conditions for

numbering use;

(iii) When the Regulator is satisfied that the public interest

so requires for other reasons consistent with these regulations as

may be explained by the Regulator.

An operator shall provide number portability to any operator

Number portability.

qualified to receive portability under these regulations on reasonable

terms, so that any number assigned may be used by a customer should

it cease to be a customer of the operator and become a customer of the

other operator.

(1) Charges for the provision of number portability shall

be established by the operator in accordance with the following

principles

Charges must be reasonable;

(i)

Charges shall be based on the incremental costs of

(ii)

providing number portability unless the operators have agreed

another basis for charges or the Regulator has determined,

following an application by either or both operators, that another

basis for charges should be used;

(iii) The operator providing portability shall not charge for

system set-up costs

Provided that the Regulator may devise a method for equitable

sharing of all relevant costs associated with providing portability of

numbers between an operator and any other operator.

(2) The relevant costs for number portability shall be

supervised by the Regulator. Charges for number portability shall be

subject to approval by [he Regulator who shall give reasons in the case

of refusal.

The costs for number portability approved by the

(3)

Regulator shall be covered as may be determined by the Regulator.

An operator is qualified to receive portability if it

(1)

(i) Has notified the providing licensed operator in writing

that it requests number portability specifying the type and extent

of the portability requested; and

Is able and willing to provide the same portability on

(ii)

reasonable terms to the providing licensed operator.

(2)

The following types of numbers shall be portable

Emergency number codes;

(i)

Short access codes;

(it)

Special routing codes;

(iii)

Directory service codes;

(IV)

Geographic numbers;

(V)

Personal numbers;

(vi)

Free and cost shared numbers;

(vii)

Premium rate numbers.

(viii)

(1) An operator of a public fixed telecommunications Carrier selection

system or of a fixed wireless system having a dominant market position and pre-selection.

providing telephony services shall allow its subscribers to choose any

other operator interconnected to its service for their telecommunications

transport by enabling carrier pre-selection or selection on a call-by-call

basis.

(2) Pricing for carrier selection and pre-selection shall be

cost-oriented and charges to customers, if any, must not discourage the

use of the said facilities.

(3) Selection of another operator on a call-by-call basis shall

be enabled by the subscriber dialling a short prefix before the number

of the requested operator.

(4) An operator's cost to provide carrier selection or pre-

selection shall be covered by one of the following methods as may be

determined by the Regulator

Through internal funding by the operator, or

(i)

(ii) On the basis of agreement about interconnection cost

settlements between the originating operator and the pre-selected

interconnected operator subject to approval by the Regulator.

(1) An operator shall supply to the Regulator and to other

operators, if so requested,information about the technical characteristics

of interconnection interfaces at network termination points and about

any modifications or withdrawals to the interfaces.

(2) An operator of public mobile telecommunications

systems and services and an operator of fixed wireless tele-

communications systems and services shall ensure that the apparatus

comprised in each base station of such operator shall at all times comply

with the technical and performance standards prescribed by the

Regulator.

(3) The Regulator may direct an operator to publish the

specifications relating to interfaces within ninety days of the licence

entering into force as well as any modifications or withdrawals to the

interfaces in a manner appropriate for bringing them to the attention of

interested parties.

(4) An operator may be directed by the Regulator to amend

any interface specification that in the opinion of the Regulator contains

insufficient information.

(5) An operator shall for the purpose of interconnection

follow such international technical standards as the Regulator may, by

notice in the Gazette, direct.

(6) The Regulator may specify to the operator an essential

interface which the operator shall be obliged to install.

In issuing an order under paragraph (6) of this regulation

(7)

the Regulator shall consider whether a relevant standard, as defined in

paragraph (9) of this regulation is inappropriate, account being taken of

the essential requirements of interconn~ction and the public interest

obligations of operators.

(8) The Regulator shall not issue an order under paragraph

(6) of this regulation until after having notified the operator and having

allowed the operator a one month period to make representations. The

Regulator shall also give reasons for hIS decisions.

(9)

For the purposes of this regulation "relevant standard"

means

Standards listed in the Official Journal of the European

(i)

Communities as being suitable for interconnection, or, in their

absence

(ii) Standards adopted by European Standardisation bodies

including ETSI and CEN/Cenelec, or, in their absence

International standards adopted by the International

(iii)

Telecommunications Union, the ISO, or the IEC, or, in their

absence

(iv) Any other standard specified by the Regulator after

notifying the licensee and allowing adequate time to make

representations.

(1) An operator of public mobile telecommunications Implementation of

lechnical

systems and services shall operate its network to the GSM standard. requirements in the

public mobile

sector.

(2) In the operation of the GSM network the operator shall

in all technical matters comply with all laws, rules and regulations

governing wireless telegraphy installations. The operator shall moreover

submit for approval by the Regulator full technical details about any

proposed modifications or additions thereto or removals thereof, other

than removals for overhaul, repair or replacement.

(3) An operator of public mobile telecommunications

systems and services shall have the option, based on commercial

considerations of implementing a network and services compatible with

next-generation standards adopted by standardisation bodies of the

European Union and approved by the Regulator, such as for the Universal

Mobile Communications System (UMTS).

(4) Nothing in this regulation shall prejudice the operation

of public mobile telecommunications services on the TACS or ETACS

standards where the operation of such services on the said standards

was authorised prior to the 1st January, 1999.

(1) An operator shall comply with regulations and Essential

requirements.

decisions issued by the Regulator for the purpose of complying with

any international obligation of Malta.

(2) An operator shall take all reasonable steps to maintain,

to the greatest extent possible, the availability and integrity of the

telecommunications systems and services operated and provided by it,

having particular regard to the needs of emergency services or

organisations and civil protection authorities in the event of catastrophic

network failure orforce majeure, such as earthquake, extreme weather,

flood, lightning or fire.

(3) An operator shall ensure that any restrictions imposed

by it on access to and use of its system or services on the grounds of

network security or integrity are kept to a minimum and are

proportionate, non-discriminatory and based on objective criteria.

(4) An operator may impose conditions on access to and

use of its system or services on the grounds of protection of data in

accordance with any applicable data protection laws or regulations.

(5) The Regulator shall define the data and equipment

needed to accomplish the lawful mission of competent authorities for

surveillance of telecommunications in accordance with any law allowing

and regulating such surveillance.

(1)

An operator shall ensure that each user is able at all

times to

(i)

Access operator assistance services; and

Access emergency services at no charge using the

(ii)

number" 112" without having to use ~oins or cards for payphones

Provided that the emergency numbers" 191", "196" and "199"

shall also be used, in addition to the emergency number "112",

until the 1st January, 2002 and the provisions of sub-paragraph (ii)

of this paragraph shall apply to the said emergency numbers.

(2) An operator of public fixed telecommunications systems

emergency services.

or services shall test its network performance in terms of receiving false

"112" messages prior to implementation of "112" emergency calling

and shall report the results to the Regulator. If the Regulator is satisfied

that there is an unacceptable level of false emergency messages, such

operator shall calculate and provide to. the Regulator the cost required

to upgrade the network to reduce false emergency messages to a tolerable

level. The cost of the upgrade referred to in this sub-paragraph shall be

covered either through internal funding by the operator or through other

funding sources such as universal service funding mechanisms as may

be determined by the Regulator.

(3) For three years following 1st January, 2002 operators

shall also support the emergency access numbers in use on the 31 st

December, 200 1.

(1) An operator providing telephony services shall provide Directory services.

upon request to any end user of apparatus connected to its network a

directory information service. Such a service may consist of the provision

of a printed directory or a database which includes all the names of the

operator's customers. This requirement does not apply to a classified

directory in which customers are listed by business or trade category.

(2) Every subscriber has the right to have an entry in publicly

available directories and to verify, and if necessary correct or request

removal of the said entry.

(3) Directory information of all subscribers who have not

expressed opposition to being listed, including fixed, mobile and

personal numbers shall be available to users in a publicly available form

approved by the Regulator whether printed, electronic or both, and shall

be updated on a regular basis.

(4) To encourage the availability of at least one directory

information service covering all listed national subscribers, operators

providing telephony services shall supply each other with directory

information covering listed national subscribers.

(5) An operator may charge end users a reasonable fee for

making available directory information services and directories.

(6) A directory information service shall include a service

where the directory information is available in an appropriate form that

meets the needs of persons who are blind or otherwise disabled as to be

unable to use the publicly available telephone directory.

Operators processing any directory services information

(7)

or data shall comply with relevant data protection laws and regulations.

(8) So as to ensure provision of directory services the

Regulator shall ensure that all operators which assign numbers to

subscribers meet all reasonable requests to make available the relevant

information in an agreed format on terms which are fair, cost-oriented

and non-discriminatory.

(9) The Regulator shall support development of a

competitive directory services market.

(I) An operator providing telephony services having a Tariff controls in

respect of fixed

dominant market position, other than an operator of public mobile services.

telecommunications systems and services

Shall use cost-oriented tariffs;

(i)

(ii) Shall not without the Regulator's approval bundle a

number of services into a single tariff without also offering each

of the constituent services under separate tariffs;

Shall publish its tariff charges.

(iii)

(2) The Regulator shall be entitled to define and to impose

a price control cap formula, geographical averaging or other price

regulation schemes on operators for services that are provided in markets

which, in the opinion of the Regulator, lack effective competition.

(3) The Regulator may choose not to apply regulatory

controls over tariffs of operators that do not have a dominant market

position or in respect of an operator's services that are provided in market

segments which are, in the opinion of the Regulator, subject to effective

competition.

(4) Tariffs shall be transparent and non-discriminatory. They

shall be appropriately published and they shall guarantee equality of

treatment except for objectively justifiable restrictions compatible with

national or international regulation.

(5) Tariffs for access to and use for telephony services of

an operator's telecommunications systems, other than public mobile

telecommunications systems, shall be independent of the type of

application which the users implement except to the extent that different

applications require different services or facilities.

(6) Tariff changes shall be implemented only after an

appropriate public notice period of thirty days has been observed.

The Regulator shall allow an operator of public fixed

(7)

telecommunications systems and services with a dominant market

position to proceed with tariff re-balancing for telephony services taking

into account the need to ensure affordability of services.

(1) An operator having a dominant market position, other

than an operator of public mobile telecommunications systems and

services, shall submit proposed changes in its tariffs for approval by

the Regulator at least fifteen weeks prior to their intended effective

date and shall not implement such tariffs without the Regulator's

approval.

(2) An operator referred to in the previous paragraph of this

regulation shall, when submitting proposed changes in tariffs, provide

support based on costs and other factors for its proposed tariffs. Other

operators and customers shall be given the opportunity to comment

upon such support.

(3) The Regulator shall give his decision about the proposed

tariffs within six weeks of his receiving the information referred to in

paragraph (2) of this regulation.

(1) Tariffs for public mobile telecommunications services

shall, in principle, be established by the operator but the Regulator may

impose tariff regulations if necessary to reach objectives of national

interest such as consumer protection, fair competition and the

implementation of open network provisions.

(2) The Regulator may implement tariff controls through

the fixing of price control limits, reference to benchmarks, or other

schemes for some or all services until competition provides for an

effective price regulation.

(3) The Regulator may require an operator to provide

support based on costs and other factors for its proposed tariffs, and the

Regulator may offer an opportunity for comment upon the proposed

tariffs by other operators and by customers.

(4) Where the Regulator decides to exert control over the

tariffs for public mobile telecommunications services he shall give his

decision about the proposed tariffs within six weeks of his receiving

the information referred to in paragraph (3) of this regulation.

(1) An operator shall provide its subscribers with a written Consumer

protection.

contract which shall

(i) Specify the service to be provided and make reference

to publicly available terms and conditions; and

(ii) Specify the supply time for initial connection and the

types of maintenance service offered, the compensation and refund

arrangements for subscribers which apply if the contracted service

is not met and a summary of the method of initiating procedures

for the settlement of disputes; and

Provide information on service quality levels offered.

(iii)

(2) An operator shall present and publish tariffs for end-

users clearly and accurately and shall include details about any minimum

contractual period and conditions for the renewal of contracts.

(3) The Regulator shall ensure that one or more operators

provide the facilities of tone dialling, selective call barring, and itemised

billing, to be made available on request to users

Provided that the provisions of this paragraph shall not be

construed as a limitation on the right of any operator to offer such

services.

(4) The Regulator may request the operator to prepare a

Code of Practice which includes the minimum standards of service to

the operator's customers and gives guidance to the employees of the

operator in their dealings with customers.

(5) An operator shall use metering devices of high precision

and reliability for invoicing and quality control over services. Such

devices shall be subject to examination and testing by the Regulator or

by any person designated by him and shall comply with all applicable

international standards.

(6) An operator shall make available a basic le'.·el of itemised

billing at no extra charge for the subscriber. Such basic level of itemised

billing shall show a sufficient level of detail to allow verification of the

charges incurred. Where appropriate, additional levels of detail may be

offered to subscribers at reasonable tariffs or at ne' charge.

(7) An operator shall not present a bill for a service to a

customer unless every amount stated in the bill represents the true extent

of the service actually provided.

(8) Where an operator provides a value added or data service

it shall satisfy the same publication requirements as for its tariffs.

(1) An operator shall bill its subscribers no later than sixty

days from the date of provision of service, with invoices that reflect the

charges corresponding to each service, including but not limited to any

connection fee, rental fee. local and international calls, and any other

appropriate charges, separately.

(2) Calls which are free of charge to the calling subscriber,

including calls to helplines, shall not be identified in the calling

subscriber's itemised bill.

An operator shall obtain an individual authorisation

(1)

under the Wireless Telegraphy Ordinance in order to use radio

frequencies for the provision of fixed public telecommunications

services.

(2) An operator shall operate only on the radio frequencies

that are assigned to it under the Wireless Telegraphy Ordinance. The

Regulator may require the operator to cease to operate on any frequency

previously assigned if in the opinion of the Regulator the operator is

not making efficient use of the spectrum.

(3) The Regulator may, by giving not less than twelve

months notice in writing to an operator, require him upon a specified

date to cease using any frequency previously assigned to him and to

use a new frequency.

(4) The Regulator shall publish once a year, and make

available on request, the allocation of frequencies.

(5) The designation of frequencies for specific

telecommunication services shall be based on objective criteria and

procedures shall be transparent.

(6) To obtain the use of frequency spectrum, an operator

shall follow an application process as may be established in accordance

with the Wireless Telegraphy Ordinance.

An operator shall safeguard the privacy and Data protection.

(l)

confidentiality of customers' information and the secrecy of

communications carried by the operator's public fixed

telecommunications network.

(2) An operator shall not disclose information about a

customer except with the consent of the customer or as may be authorised

by law. The form of consent whereby a customer grants consent for

information about him to be disclosed shall be approved by the

Regulator.

(3) An operator shall enable a customer to omit information,

totally or partially, from directories given the importance of privacy

and intellectual property for the development of directory services.

(4) The Regulator may require an operator to take reasonable

steps to ensure that its employees observe a Code of Practice which

Specifies the persons to whom employees may not

(i)

disclose information about a customer without the prior consent

of the customer; and

(ii) Regulates the information about any such customer or

his business which may be disclosed without his consent.

(1) Subject to international agreements concluded by the

Government applicable to the telecommunications sector, a licence may

not be granted to a company in which more than fifty per cent of the

share capital or the voting rights are held either directly or indirectly by

foreign nationals

Provided that the provisions of this paragraph shall not apply to a

company that held a telecommunications licence on the 1st January,

1999 and to which this condition did not already apply.

(2) An operator providing both systems and services to

which these regulations apply shall by the 1st January, 2003 or within a

period of twelve months from being licensed, whichever is the later, be

listed and traded in the Malta Stock Exchange as a condition for retaining

its licence

Provided that where an operator is a subsidiary of a public

limited liability company, the provisions of paragraph (2) shall be

deemed to be satisfied if the requirements of the said paragraph are

satisfied by the said parent company.

(3) An operator whose shares are publicly traded on stock

exchanges shall ensure that the foreign equity participation limits are

observed. The Regulator's prior approval shall be necessary for any

changes to an operator's shareholding structure.

(1) The Regulator may designate an operator with a

dominant market position to be a provider of universal services.

(2)

Universal services shall be defined by the Regulator.

(3) An operator having a universal service obligation shall

supply the basic service to any person including users in high cost areas

or vulnerable groups such as the elderly, the disabled or people with

special social needs, on its usual terms and conditions, within a

reasonable period of time and at an affordable charge, if any, as

authorised by the Regulator.

(4) Basic services and speci.al services provided under a

universal service obligation are

(i) The minimum set of services for meeting quality of

service requirements that are available to all users, independent of

their geographic location, at an affordable price;

Services for people with visual impairment;

(ii)

Services for people who are deaf or hard of hearing;

(iii)

Other services as may be defined by the Regulator by

(iv)

order in the Gazette.

(5) Basic services shall include as a minimum the provision

of voice telephony via a fixed connection which will also allow fax and

a modem to operate as well as the provision of operator assistance,

emergency and directory enquiry services (including subscriber

directories) and of public payphones

Provided that in respect of public mobile telecommunications

systems and services, basic services shall be limited to the provision of

handsets that can be used by people with hearing difficulties.

(1) The universal service contribution, if established by the Unive~aJ service

· accor d ance WIt

. h a lormu

1 a a d opte d contributions.

J

Regu I ator, sh al 1 b e ca 1 cu I ate d ill

annually by the Regulator that takes into account the costs, net of

attributable revenues, of serving customers with a basic service who

otherwise would not be served. Such formula shall also take into account

other benefits received by the operator from providing the said services

such as brand recognition and market position.

(2) The Regulator shall determine operators' contributions

towards universal services with regard to factors such as

(i) The relative size of the operator's business including the

extent, density and flexibility of its systems;

(ii) The relative capability of the operator to comply with

universal service conditions and the financial stability of the

operator;

(iii) The likely net cost to the operator of complying with

any or all conditions of universal service obligations.

(1) If required universal service obligation contributions Implementation of

universal service

will be collected through either of the following

obligations.

A fund established for the purpose;

(i)

Oi) A supplementary charge added to charges for call

terminations;

(iii) A supplement charge to customers based on their

number of main telephone lines.

(2) The Regulator shall determine whet~r an operator

having a universal service obligation is entitled to receive a universal

service contribution and, if so, the mechanism for establishing and

distributing such contribution.

(3) An operator receiving universal service obligation

contributions shall provide full accounting to the satisfaction of the

Regulator of net costs to be reimbursed through the said contributions.

(4) Net costs shall mean the cost of providing the service to

a customer less the revenue generated by that customer including rental,

call charges, and revenue generated by incoming calls to that customer.

In calculating net costs an operator shall also take into account, subject

to approval by the Regulator, the marketing value to the operator of

serving low profit customers.

(5) In authorising charges for services provided under a

universal service obligation, the Regulator shall balance the principle

of affordability with the cost-orientation requirement and the need to

re-balance tariffs for a competitive market environment.

(1) An operator shall pay licence fees to the Regulator,

including fees to be paid on the grant of the licence, plus renewal fees

on an annual basis, in the amounts and according to the formula

established in the Second Schedule to these regulations.

(2) Licence fees shall cover the Regulator's administrative

costs and shall be proportionate to the work involved in issuing and

monitoring the licence.

(3) Licence fees shall be established according to the

principles of objectivity, transparency, non-discrimination and

proportionality.

(4) An operator shall also pay.such fees for use of scarce

resources, including use of subscriber numbers, in the amounts and

according to the formula established in the Second Schedule to these

regulations.

(5) The Regulator shall institute a consultation process with

operators and other interested parties no later than six months prior to

the implementation of changes in licence fees or fees for the use of

scarce resources.

(6) The operator shall, additionally, pay all fees due under

the Wireless Telegraphy Ordinance and the Fees Ordinance in respect

of use of frequency spectrum and use or possession of wireless

telegraphy equipment.

(1) An operator shall not transfer all or part of his licence Transfer of licence

or of effective

without the prior written consent of the Regulator.

control.

(2) The effective control of the operator shall not be

transferred without the prior consent of the Regulator.

(3) An operator designated as having a dominant market

position may not without the prior consent of the Regulator transfer

more than fifteen per cent of the assets constituting its system other

than where the transfer is in the ordinary course of maintenance,

replacement or upgrading the network.

(4) In granting his consent the Regulator shall consider such

relevant matters as the effect which the transfer will have on the market

structure and the financial and technical competence of the transferee.

(1) An operator's licence shall be renewed for one Renewal and

termination of

subsequent ten year term, unless

licences.

The operator violates applicable laws, regulations or does

(i)

not comply with directives or decisions of the Regulator; or

An overriding policy need arises

(ii)

Provided that a consultation process will commence not later

than six months prior to the end of the licence term if the

Government foresees the possibility that it will not renew the

licence.

(2) An operator's licence shall be deemed to have been

issued subject to termination in whole or in part for the following reasons

Upon the expiration of the period of the licence;

(i)

Upon renunciation to the licence by the licensee;

(ii)

(iii) Upon revocation of the licence by the Regulator in

accordance with the Telecommunications (Regulation) Act;

Upon the insolvency, liquidation or bankruptcy of the

(iv)

licensee.

(3) The Regulator with the approval of the Minister may

revoke an operator's licence after giving at least thirty days notice in

writing to the operator in any of the following circumstances

(i) If the operator agrees in writing that his licence should

be revoked;

(ii) If a change or acquisition would, in the opinion of the

Regulator after having consulted with the Minister, go against the

interests of national security;

(iii) If the operator has committed a violation of the

conditions ofhis licence or of these regulations and such a violation

has not been reversed within thirty days of receipt by the operator

of notice of the said violation;

If the operator ceases to provide the services of the type

(iv)

authorised;

As may be established by law.

(v)

(1) An operator shall keep records and plans, including

overall network plans and cable route maps, of telecommunications

installations, installations for radio communications, and

telecommunications nodes and exchanges, information from operations

support systems on traffic flows, and any other details as may be

reasonably required by the Regulator.

(2) An operator shall make its system and operational

information available within a reasonable time to the Regulator or to

any person authorised in writing by the Regulator to inspect such

information for the Regulator's purposes.

(3) An operator shall make available to the Regulator in

confidence and upon request detailed accounting information in order

to ensure compliance with these regulations.

(4) In requesting information the Regulator shall not impose

undue burden on an operator in procuring and furnishing such

information and, in particular, an operator shall not be required to furnish

information which would not normally be available to it, unless the

Regulator considers such information essential.

An operator shall furnish the Regulator with the following

information on an annual basis

(i) Updates on implementation of network facilities

including cables, switching centres, and fixed radio

communications systems;

Updates on operations and traffic flows;

(ii)

(iii) A copy of any existing company annual report for the

operator's financial year;

(iv) Details of the authorised and issued shares of the

operator and of any related subsidiary or holding company,

including details of rights, privileges and restrictions which apply

to each class of shares;

Details of beneficial ownership by Maltese and noo-

(v)

Maltese of each class of shares and of any related subsidiary or

holding company, including copies of shareholder agreements for

any related subsidiary or holding company;

Accounts which show separately the annual turnover

(vi)

per service category;

(vii) Accounts which show annual costs using cost

accounting methods to be defined by the Regulator, for network

services provided to other operators and for services provided under

the universal service obligations.

( 1) Any party having a complaint against an operator over Dispute resolution.

interconnection may refer the complaint to the Regulator who shall take

steps to resolve the dispute within two months of such request.

(2) The dispute referred to in paragraph (1) of this regulation

will be resolved in such a manner as to represent a fair balance between

the legitimate interests of both parties and it shall be made public and

given to the parties concerned with a statement of the reasons upon

which it is based. In arriving at his decision the Regulator shall consider

The user interest~

(i)

(ii) The regulatory obligations or constraints incumbent on

any of the parties;

(iii) The desirability of stimulating innovative market

offerings and of providing users with a wide range of tele-

communications services at national and at intemationallevel;

(iv) The availability of technically and commercially viable

alternatives to the interconnection requested;

The desirability of ensuring equal access arrangements;

(v)

(vi) The need to maintain the integrity of the public

telecommunications network and the interoperability of services;

The nature of the request for interconnection and its

(vii)

relation to the resources available to meet the request;

The relative market positions of the parties;

(viii)

(ix) The public interest considerations, such as the protection

of the environment, involved;

The promotion of competition;

(x)

The need to maintain a universal service.

(xi)

(2) Any party, including users, service providers, consumers

and other organisations having an unresolved dispute with an operator

may bring such disputes before the Regulator for resolution.

(3) In deciding upon the disputes referred to in paragraph

(2) of this regulation the Regulator shall rmploy easily accessible and,

in principle, inexpensive procedures to resolve such disputes in a fair,

transparent and timely manner. Such procedures shall in particular apply

in cases where users are in dispute over their telephone bills or over the

terms and conditions under which a telephone service is provided.

The operator or any other interested party to a dispute with

the operator as described in regulation 46 of these regulations shall

have a right to appeal against the Regulator's decision to the

Telecommunications Appeals Board according to procedures established

by the Act as well as regulations made thereunder.

(1) The Telecommunications (Universal Service

Obligations) Regulations, 1998 are hereby repealed as from the 31 st

August, 2000.

(2) The repeal of the Telecommunications (Universal

Service Obligations) Regulations, 1998 shall be without prejudice to

any sum due under the said regulations in respect of any Universal

Service Obligations fulfilled until the 31 st August, 2000, or to the validity

of anything done or still to be done under the said regulations, and the

said regulations shall be deemed to be still in force for sUl:h purpose.

B