p.l.c. and Vodafone Malta Limited Licences) Regulations, 2000

L.N. 195 of 2000

TELECOMMUNICATIONS (REGULATION) ACT

(CAP. 399)

Telecommunications Services (Modification of Maltacom

p.l.c. and Vodafone Malta Limited Licences) Regulations, 2000

IN exercise of the powers conferred upon him by article 38 of the

Telecommunications Regulation Act, 2000, and for the purposes of

article 44 of the said Act, the Minister for Transport and

Communications, after consultation with the Competent Authority to

regulate Telecommunications, has made the following regulations:-

The title of these regulations is the Telecommunications

(Modification of Maltacom p.l.c. and Vodafone Malta Limited) Licences,

Regulations, 2000, and shall be deemed to have come into force on the

19th September, 2000.

In these regulations -

"Act" means the Telecommunications (Regulation) Act, and

includes the First Schedule thereto;

"the instruments of modification" means the Maltacom

Instrument of Modification and the Vodafone Instrument of

Modification;

"the Maltacom licence" means the Licence granted to

Maltacom p.l.c. by means of an instrument of the 10th day of

August, 1998 described as a "Licence Agreement" and entered

into in the form of an agreement between the Telecommunications

Regulator, acting with the concurrence of the Minister for

Telecommunications, and Maltacom p.l.c., which instrument was

concluded with retrospective effect from the 2nd January, 1998,

which licence is included in the First Schedule to the Maltacom

Instrument of Modification;

"the Maltacom Instrument of Modification" means the

"Instrument of Modification of an authorisation and an Agreement

in respect of the operation of a Telecommunications System or the

provision of a Telecommunications Service" issued by the Minister

under article 46 of the Act on the 19th September, 2000 in respect

of the Maltacom licence and whereby Mobisle Communications

Limited as a subsidiary of Maltacom p.l.c. was also granted a

licence for public mobile telecommunications which instrument

was laid on the Table of the House on the 22nd September, 2000;

"the modified Maltacom licence" means the modified licence

issued to Maltacom p.l.c. and the licence issued to Mobisle

Communications Limited as a subsidiary of Maltacom p.l.c. by

means of the Maltacom Instrument of Modification;

"the Vodafone Instrument of Modification" means the

"Instrument of Modification of an authorisation and an Agreement

in respect of the operation of a Telecommunications System and

the provision of a Telecommunications Service" issued by the

Minister under article 46 of the Act on the 19th September, 2000

in respect of the Vodafone licence, which instrument was laid on

the Table of the House on the 22nd September, 2000.

"the Vodafone licences" means (1) the Licence granted to

Telecell Limited (now Vodafone Malta Limited) by means of an

instrument ofthe 11th day ofAugust, 1989 described as and entered

into in the form of a "Licence Agreement" between the Telemalta

Corporation and the said Telecell Limited , and (2) the licence

issued in terms of the Wireless Telegraphy Ordinance by the Chief

Inspector of Wireless Telegraphy to Telecell Limited (now

Vodafone Malta Limited) on the 2nd July, 1990, and (3) an

authorisation entitled and concluded in the form of a

"Supplementary Agreement" of the 5th November, 1997 between

Telemalta Corporation and Telecell Limited (now Vodafone Malta

Limited) and (4) a Licence to operate a global system for mobile

communications (GSM) radio telephone network issued on the

4th September 1997 by the Director of the Department ofWireless

Telegraphy to Telecell Limited (now Vodafone Malta Limited) in

terms of the Wireless Telegraphy Ordinance, which licences are

included in the First Schedule to the Vodafone Instrument of

Modification;

"the modified Vodafone licences" means the modified licence

issued to Vodafone Malta Limited on the 19th September, 2000 by

means the Vodafone Instrument of Modification, and the

modifications to the Wireless Telegraphy licences held by Vodafone

Malta Limited also made in the said Vodafone Instrument of

Modification;

"Wireless Telegraphy licences" means licences issued under

the Wireless Telegraphy Ordinance.

The terms and conditions of the Maltacom licence shall, as

from the 19th September 2000 and for the purpose of putting into effect

the provisions of the Act and of implementing the liberalisation of the

Maltese telecommunications market in accordance with the Act, and of

implementing a new commercial and regulatory framework as has been

deemed to have been made necessary by the implementation of the

provisions of the Act, be modified to the terms and conditions included

in the modified Maltacom licence included in the Maltacom Instrument

of Modification and in accordance therewith.

The terms and conditions of the Vodafone licences shall, as

from the 19th September, 2000 and for the purpose of putting into effect

the provisions of the Act and of implementing the liberalisation of the

Maltese telecommunications market in accordance with the Act, and of

implementing a new commercial and regulatory framework as has been

deemed to have been made necessary by the implementation of the

provisions of the Act, be modified to the terms and conditions included

in the modified Vodafone licences included in the Vodafone Instrument

of Modification and in accordance therewith.

These regulatations shall complement the instruments of

modification and nothing in these regulations shall be interpreted as

prejudicing the force, effect and validity of the instruments of

modification.