Internet and Other Data Networks (Service Providers) (serviceproviders)

L.N. 223 of 2000

TELECOMMUNICATIONS (REGULATION) ACT

(CAP. 399)

Internet and Other Data Networks (Service Providers)

(Amendment) Regulations, 2000

IN exercise of the powers conferred by article 38 of the

Telecommunications (Regulation) Act, the Minister for Transport and

Communications has, after consultation with the competent authority,

made the following regulations:-

The title of these regulations is the Internet and Other Data Citation.

Networks (Service Providers) (Amendment) Regulations, 2000 and shall

be read and construed as one with the Internet and other Data Networks

(Service Providers) Regulations, 1999, hereinafter referred to as "the L.N.170ofl999.

principal regulations".

In regulation 2 of the principal regulations, the words Amends regulation

"regulation 6" and "Regulation 6" shall be substituted by the words ~~~:~pal

"regulation 7" and "Regulation 7" respectively.

Amends regulation

In regulation 3 of the principal regulations

3 of the principal

regulations.

(a) before the defInition of "Act" there shall be added the

following new defInition

" "access" means the making available of facilities

and services to an Internet Service Provider under defIned

conditions and shall include, inter alia, access to network

elements and associated facilities and services which may

involve the connection of equipment, by wire or wireless

means, access to physical infrastructure including buildings,

ducts and masts, and access to software systems including

operational support systems;";

after the defInition of "Act" there shall be added the

(b)

following new defInition

" "dominant market position" has the meaning

assigned to it in regulation 5 of these regulations;";

(c) after the defInition of "Government" there shall be

added the following new defInition

" "interconnection" means a particular type of access

and has the same meaning assigned to it in article 2 of the

Act;";

(d) in the definition of "Regulator" the words

"Telecommunications Regulator" shall be substituted by the words

"competent authority" and the word "him" shall be substituted by

the word "it"; and

(e) the definition of "subscriber" shall be substitued by the

following

" "subscriber" means a person who is a party to a

contract with an Internet Service Provider for the supply of

services;".

In regulation 4 of the principal regulations, in subregulation

(2) thereof, the words "authorised providers of the Telecommunications

Transport Services" shall be substituted by the words

''Telecommunications Transport Providers".

Regulations 5 to 25 of the principal regulations shall be re-

numbered as regulations 6 to'26 thereof respectively.

After regulation 4 of the principal regulations there shall be

added the following new regulation

5. (1) A Telecommunications Transport Provider

shall be presumed to have a dominant market position in the

following cases:-

(a) where the Telecommunications Transport

Provider provides services which also include services

over the Telecommunications Transport Provider's own

network, through a subsidiary company and the said

company has more than twenty five per cent of the market

for the services in the geographical area in which it is

authorised to operate; or

(b) when the Telecommunications Transport

Provider has more than twenty five per cent of the

telecommunications transport market in respect of the

services in the geographical area in which it is authorised

to operate; or

(c) when a Telecommunications Transport

Provider is also licensed to offer voice telephony services

under a licence issued in terms of the

Telecommunications Services (General) Regulations, L.N. 151 of2OOO.

2000 as an operator and a provider of public fixed

telecommunications systems and services or of public

mobile telecommunications systems and services

referred to in paragraphs (a) and (b) of regulation 2(1)

of the said regulations

Provided that the percentage referred to in paragraph (a)

and (b) of this subregulation shall be based on the percentage

of the gross revenues in the particular market.

(2) In exceptional circumstances which shall be

publicly explained by the Regulator, the Regulator may by

notice in the Gazette designate a Telecommunications

Transport Provider as having a dominant market position even

if it does not qualify to be presumed to have a dominant market

position under subregulation (1) above. The determination of

the Regulator shall take into account the Telecommunications

Transport Provider'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 financial

resources, its experience in providing products and services

in the market, and any oligopolistic market position.

(3) The Regulator shall keep a register of

Telecommunications Tansport Providers having a dominant

market position and such register shall be revised at least once

a year. The criteria for determining whether a

Telecommunications Transport Provider 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 the regulation of competition that is Cap. 379.

specific to the telecommunications sector.".

For subregulation (1) of regulation 8 as renumbered of the Amends regulation

~=~ of

principal regulations there shall be substituted the following:-

regulations .

"( 1) A Telecommunications Transport Provider which has

a dominant market position shall allow an Internet Service Provider

to interconnect with and access its infrastructure.".

For regulation 9 as renumbered of the principal regulations Amends regulation

~=~ of

there shall be substituted the following:-

regulations.

(1) A Telecommunications Transport Provider

with a dominant market position in the market for the services

shall, when requested by an Internet Service Provider,

negotiate interconnection and access agreements with a view

to allowing the requesting Internet Service Provider to

interconnect or to access the Telecommunications Transport

Provider's system.

(2) A Telecommunications Transport Provider

referred to in subregulation (1) above shall use all reasonable

effort, to ensure that interconnection and access are

accomplished promptly, efficiently and at charges which are

based on principles of transparency and cost-orientation and

shall provide facilities and services of equivalent quality to

those provided to any other Internet Service Provider.

(3) Any party having a complaint against a

Telecommunications Transport Provider over interconnection

or access may refer the complaint to the Regulator who shall

take steps to resolve the dispute within two months of such

request.

(4) The dispute referred to in subregulation (3)

of this regulation will be resolved in such a manner as to

represent a fair balance between the legitimate interests of

both parties and the decision 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

(a)

the user's interest;

(b) the regulatory obligations or constraints

incumbent on any of the parties;

(c) the desirability of stimulating innovative

market offerings and of providing users with a wide range

of services;

(d) the availability of technically and

commercially viable alternatives to the interconnection

or access requested;

(e) the desirability of ensuring equal access

arrangements;

(f) the need to maintain the integrity of public

telecommunications systems and the interoperability of

services;

(g) the nature of the request for interconnection

or access and its relation to the resources available to

meet the request;

(h)

the relative market positions of the parties;

(i) the public interest considerations, such as the

protection of the environment, involved;

G)

the promotion of competition;

(k)

the need to make the services widely available.

(5) Interconnection and access effected pursuant to the

provisions of regulation 8 by an Internet Service Provider

shall be subject to the payment of the relevant tariffs as may

be determined in accordance with the Act and with these

regulations.

(6) Tariff structures shall be transparent and non-

discriminatory .

(7) Interconnection tariffs shall be established on a

most favoured customer basis.".

9. In regulation 12 as renumbered of the principal regulations Amendsregulation

12 as renumbered

the words ''The Internet Service Provider" shall be substituted by the oCthe principal

words "Every Internet Service Provider".

regulations.

In regulation 13 as renumbered of the principal regulations Amends regulation

the words "Where the" shall be substituted by the words "Where an". ~i:;:a~

regulations.

Regulation 14 as renumbered of the principal regulations shall Amends regulation

14 as renumbered

be amended as follows:-

oCthe principal

regulations.

(a)

in subregulation (1) thereof

(i) the words "The Internet Service Provider" shall

be substituted by the words "Every Internet Service Provider";

(ii) in paragraph (i) thereof the word "customer" shall

be replaced by the word "subscriber" and the word

"customer's" shall be substituted by the word "subscriber's";

(iii) in paragraph (ii) thereof the word "customers"

shall be substituted by the word "subscribers"; and

(iv) paragraph (iv) thereof shall be substituted by the

following

"(iv) which gives information about methods

available to subscribers to protect themselves and persons

under their care against any harmful content on the

Internet and about the technical means available to

restrict access to certain Internet sites."; and

(b) in subregulations (2), (3), (4) and (5) thereof the words

"The Internet Service Provider" shall be substituted by the words

"Every Internet Service Provider".

Subregulation (1) of regulation 15 as renumbered of the

principal regulations shall be amended as follows

(a) the words "The Internet Service Provider" shall be

substituted by the words "Internet Service Providers"; and

(b) the words "the Telecommunications Transport Provider"

shall be substituted by the words "Telecommunications Transport

Providers".

In regulation 16 as renumbered of the principal regulations

the words "the Internet Service Provider and the Telecommunications

Transport Provider" shall be substituted by the words "Internet Service

Providers and Telecommunications Transport Providers".

In subsection (3) of regulation 17 as renumbered of the

principal regulations, for the words "regulation 15" there shall be

substituted the words "regulation 16".

Regulation 18 as renumbered of the principal regulations shall

be amended as follows:-

(a) in subregulations (1), (2) and (3) thereof the words "The

Internet Service Provider" shall be substituted by the words "Every

Internet Service Provider";

(b) in subregulation (4) thereof the words "to interconnect

to" shall be substituted by the words "to interconnect with or to

access"; and

(c) in subregulation (5) thereof the words "exercises its

rights to interconnect as described in paragraph (4) of this

regulation" shall be substituted by the words "interconnects with

or accesses the infrastructure of a Telecommunications Transport

Provider".

In subregulation (1) of regulation 20 as renumbered of the Amends regulation

20 as renumbered

principal regulations, for the words "regulation 18" there shall be of

substituted the words "regulation 19."

regulations.

In regulation 21 as renumbered of the principal regulations Amends regulation

the words "the Internet Service Provider" shall be substituted by the ~::;:a7

words "an Internet Service Provider" wherever these occur.

regulations.

Regulation 23 as renumbered of the principal regulations shall Amends regulation

be amended by the addition of the following subregulations immediately ~~:;~

after subregulation (2) thereof:-

regulations.

"(3) As from the 1st January, 2001, the licence fee due by

the Internet Service Provider to the Regulator for every year shall

be of one thousand liri (Lm1,000) and one per cent (1 %) of the

annual gross revenues of the Internet Service Provider.

(4) If any amount due to the Regulator under these

regulations is for any cause not paid within fifteen days from the

date when the payment of such amount is due, there shall run

interest on such amount at the rate of eight per cent (8%) per annum

for every day which passes after the said fifteen days up to the

date when payment is affected.".

Immediately after regulation 26 as renumbered of the Adds new

regulation 27 to

principal regulations, there shall be added the following new regulation:- the principal

regulations .

Nothing in these regulations shall effect the

"Exemption.

operation of the Malta Government Network known as

'MAGNET' whether the said network is operated directly by

the Government of Malta or by its mandataries, employees

or contractors. The said network shall moreover not be taken

into account for any purposes of these regulations.".

20. In the First Schedule to the principal regulations for the words Amends the FlISt

Schedule to the

"(Regulation 9)" there shall be substituted the words "(Regulation 10)", principal

regulations .

and for the words "Act, 1997" wherever these occur there shall be

substituted the words "Act, Cap. 399".

21. In the Second Schedule to the principal regulations after

Amends the Second

paragraph (b) thereof, there shall be added the following

"(c)

"Vodafone (Malta) Limited

(d)

Mobisle Communications Limited".