Malta Internet Exchange Regulations, 2000

L.N. 263 of 2000

TELECOMMUNICATIONS (REGULATION) ACT

(CAP. 399)

Malta Internet Exchange Regulations, 2000

IN EXERCISE of the powers conferred by article 38 of the

Telecommunications (Regulation) Act, the Minister for Transport and

Communications after consultation with the Competent Authority to

regulate Telecommunications, and in exercise of the powers conferred

upon it by article 25 of the Telecommunications (Regulation) Act, the

Competent Authority to regulate Telecommunications, have made the

following regulations:-

These regulations shall be cited as the Malta Internet Exchange Citation.

Regulations, 2000.

Definitions.

(Regulation 2)

Approved Internet Exchange Point Facility

The Internet Exchange Point Facility approved by the Regulator to perfonn the

functions of the Exchange in tenns of these Regulations is the "Malta Internet Exchange"

(also known as the "MIX") managed by the Malta Internet Foundation, a foundation

set up by virtue of a deed registered in the records of Notary Doctor John Gambin on

the eighth (8th) day of June of the year nineteen ninety eight (1998) which Exchange is

located at the premises of the Computing Services Centre at the University of Malta,

Tal-Qroqq, Msida.

In these regulations

"Act" means the Telecommunications (Regulation) Act;

"computer system" means any device or a group of

interconnected or related devices, one or more of which, pursuant

to a program performs automatic processing of data;

"computer data" means any representation of facts,

information or concepts in a form suitable for processing in a

computer system, including a program suitable to cause a computer

system to perform a function;

"Exchange" means an Internet Exchange point facility

approved by the Regulator for the purposes of these regulations

and listed in the First Schedule to these regulations;

"interconnection" also includes connection;

"Internet Service Provider" means any person who holds a

licence or permit to provide access to Internet and other data

networks services under the Act and any regulations made

thereunder ;

"Malta" has the same meaning assigned to it by article 126

of the Constitution;

"Regulator" means competent authority designated as such

under article 3 of the Act and to the extent of the authority given,

includes any person authorised by it for any purpose;

"Telecommunications Transport Provider" means any person

who holds a valid licence or permit to provide a telecommunications

transport service under the Act or is registered under the Act as

aforesaid and includes any company or person listed in the Second

Schedule to these regulations;

"traffic data" means any computer data relating to a

communication by means of a computer system, generated by a

computer system that forms part in the chain of communication,

indicating its origin, destination, path or'route, time, date, size,

duration or type of underlying network service;

"user" means any person using the services of an Internet

Service Provider.

(Regulation 2)

Telecommunications Transport Providers

The following companies are listed as Telecommunications Transport Providers

for the purposes of the Malta Internet Exchange Regulations, 2000

(a)

Maltacom p.l.c.

(b)

Melita Cable p.l.c.

(c)

Vodafone (Malta) Limited

(d)

Mobisle Communications Limited.

(1) It shall be the obligation of every Internet Service

Provider to interconnect its computer system and to keep it

interconnected at all times to an Exchange for the purpose of facilitating

the efficient routing and interconnection of Internet Protocol transit

networks within Malta and of avoiding the use of international lines for

Internet Protocol traffic between Internet users in Malta and of

consequently improving the general connectivity of the Internet.

(2) Internet Service Providers which satisfy the Regulator

that they do not have a direct international connection to the Internet

through which Internet access is provided to their customers may be

exempted in writing by the Regulator from the obligation stipulated in

subregulation (I) of this regulation.

(1) The Exchange shall be entitled to demand such a

reasonable extent of traffic data and engineering data from Internet

Service Providers as is necessary and proportionate for it to be able to

perform its functions efficiently.

(2) Any data collected by the Exchange in terms of this

regulation shall be kept confidential by the Exchange subject to any

obligation of disclosure in accordance with any law.

(3) The Exchange shall comply with any data protection

laws and regulations in respect of any data collected in pursuance of

these regulations.

Any unresolved dispute between Internet Service DiSPlu~

(1)

reso utJon.

Providers or between such Providers and the Exchange regarding the

terms and conditions of interconnection to the Exchange or relating to

any matter concerning the implementation of these regulations may be

brought before the Regulator for resolution by any party to such dispute.

(2)

In deciding upon any dispute referred to in subregulation

(1) of this regulation the Regulator shall employ easily accessible and,

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

transparent and timely manner.

A decision of the Regulator taken in pursuance of this

(3)

regulation shall be subject to appeal to the Telecommunications Appeals

Board and the provisions of article 35 of the Act shall apply.

(4) The existence of a dispute about the terms and conditions

of interconnection to the Exchange or with regard to any matter

concerning the implementation of these regulations shall not exempt,

suspend or postpone the obligation of an Internet Service Provider to

interconnect to the Exchange in terms of these regulations.

A Telecommunications Transport Provider providing Telecommunications

..

. to or l' lor t h e be ne fi It 0 f an In ternet Transport Providers.

te I ecommurucatlOns

transport services

Service Provider shall ensure that the Internet Service Provider is

connected to the Exchange in terms of these regulations.

It shall be an obligation of an Exchange to accept Exchange.

interconnection with Internet Service Providers in accordance with these

regulations.

Where an Internet Service Provider processes or stores System

. a manner con fi Igure d

or ' mten d e d Interference .

computer d ata on a computer system m

for public access through a computer system, the Internet Service

Provider shall ensure that such public access is not provided in a

discriminatory manner and it shall in particular ensure that the technical

means through which such access is made are not interfered with in a Directives of the

manner that denies, unduly delays or otherwise hinders such access to Regulator.

users of other Internet Service Providers.

An Internet Service Provider on Exchange and a

Telecommunications Transport Provider shall comply with any decision

and directive given by the Regulator in respect of matters concerning

the duty to interconnect to an Exchange provided for in these regulations

and shall promptly take such measures as the Regulator may direct them

to take for the purposes of implementing or of facilitating the

implementation of these regulations.

B