Cable Systems (General) (Amendment) (No. 3) Regulations, 2003

L.N. 201 of 2003

TELECOMMUNICATIONS (REGULATION) ACT

(CAP. 399)

Cable Systems (General) (Amendment) (No. 3) Regulations, 2003

IN exercise of the powers conferred by article 38 of the

Telecommunications (Regulation) Act, the Minister for Transport and

Communications, after consultation with the Malta Communications

Authority, has made the following regulations>-

(1) The title of these regulations is the Cable Systems Citation.

(General) (Amendment) (No. 3) Regulations, 2003 and shall be read and

construed as one with the Cable Systems (General) Regulations, 2001, L.N. 167 of 2001.

hereinafter referred to as “the principal regulations”.

(2) These regulations shall all come into force on the date

of their publication in the Gazette other than paragraph (b) of regulation

24 which shall come into force on such date as the Minister may by

order determine.

Regulation 2 of the principal regulations shall be amended as Amends regulation

2 of the principal

follows>-

regulations.

(a) in sub-regulation (1) thereof the words “apply to cable

systems and services.” shall be substituted by the words “apply to

cable systems and, or services.”<

(b) immediately after sub-regulation (2) thereof there shall

be added the following proviso>

“Provided that nothing in these regulations shall be interpreted

as exempting any person from the need to be authorised in

accordance with the Telecommunications Services (General)

Regulations, 2000 if that person wishes to provide any of the L.N. 151 of 2000.

systems and, or services thereby regulated<”.

Regulation 4 of the principal regulations shall be amended as Amends regulation

4 of the principal

follows>

regulations.

(a) immediately before the definition “cable system” there

shall be inserted the following new definition>

“ “cable service” means the distribution of television

and, or radio broadcasts or other television services to a

subscriber by means of a cable system<”<

(b) for the definition “cable system” there shall be

substituted the following -

“ “cable system” means any system operating by means

of coaxial cable, optical fibre, or other transmission lines or

forms of transmission, and associated equipment and devices

located above, below, on, in, or along the streets and public

ways, a function of which is to receive through any means,

including without limitation, coaxial cable, optical fibre,

antenna, or satellite or microwave transmission, and to

distribute to subscribers or other persons the signals of one or

more broadcast television or radio stations or other sources

of video, audio, voice or data signals<”<

(c)

the definition “cable television” shall be deleted<

(d) for the definition “operator” there shall be substituted

the following -

“ “operator” means any person who operates a cable

system and, or provides a cable service<”.

In regulation 5 of the principal regulations the words “or

company” wherever they occur shall be deleted.

Regulation 6 of the principal regulations shall be amended as

follows>

(a) in sub-regulation (2) for the words “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

financial resources and its experience in providing products and

services in the market.” there shall be substituted the words “The

Regulator may also determine that operators which are presumed

to have a dominant market position under sub-regulation (1) of

this regulation do not have a dominant market position. In either

case 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 financial resources and its experience in providing

products and services in the market.”<

(b) sub-regulation (4) shall be deleted.

Regulation 7 of the principal regulations shall be amended as Amends

7 of the principal

follows>

regulations.

(a) in sub-regulation (2) the words “or having universal

service obligations” shall be deleted<

(b) sub-regulations (5) and (6) shall be deleted.

Regulation 9 of the principal regulations shall be amended as Amends regulation

9 of the principal

follows>

regulations.

(a) in sub-regulation (1) the words “cable systems and

services” shall be substituted with the words “cable systems and,

or services”<

(b) paragraph (ii) of sub-regulation (1) shall be deleted, and

paragraphs (iii) to (v) renumbered as paragraphs (ii) to (iv)<

(c) in the proviso to sub-regulation (1) for the words “under

this regulation” there shall be substituted the words “under these

regulations relating to competition matters”< and

(d) in sub-regulation (2) thereof for the words “of its cable

system refrain from doing anything, by act or omission, which has

the effect or the intention of preventing, restricting or distorting

competition. Such act or omission may take the form of>” there

shall be substituted the words “of its cable system and, or service

refrain from doing anything by act or omission, which has the effect

or the intention of preventing, restricting or distorting competition.

Such act or omission may also include>”.

Regulation 10 of the principal regulations shall be amended Amends regulation

10 of the principal

as follows>-

regulations.

(a) in sub-regulation (1) for the words “decisions issued”

there shall be substituted the words “any decisions or directives

howsoever described issued”<

(b) in sub-regulation (7) hereof for the words “An operator

shall provide” there shall be substituted the words “An operator

having a dominant market position shall provide”.

For sub-regulation (5) of regulation 11 of the principal

regulations there shall be substituted the following>

“(5) Tariff changes shall be implemented only after the lapse

of a period of thirty days from the date of publication in the Gazette

of the decision approving such tariff changes.”.

Regulation 12 of the principal regulations shall be amended

as follows>-

(a) in sub-regulation (2) for the words “Other operators and

customers shall be given the opportunity to comment upon such

support” there shall be substituted the words “Other operators and

customers shall be given the opportunity to comment upon the

proposed changes in the tariffs”<

(b) in sub-regulation (3) for the words “of his receiving the

information referred to in subregulation (2) hereof.” there shall be

substituted the words “of his receiving all the information requested

including that referred to in subregulation (2) hereof>” and

immediately thereafter there shall be added the following proviso>-

“Provided that the Regulator may extend the period of six

weeks referred to in this sub-regulation by a further period not

exceeding four weeks, in which case the Regulator shall inform

the operator concerned of such an extension.”.

In sub-regulation (6) of regulation13 of the principal

regulations the words “or data” shall be deleted.

In sub-regulation (1) of regulation 15 of the principal

regulations for the words ”for the provision of services over a cable

system.” there shall be substituted the words “for the provision of

services over a cable system, and shall in any case obtain a clearance in

writing in accordance with aforesaid Ordinance if that radio frequency

is not required for the provision of such services.”.

In regulation 16 of the principal regulations for the words

“customer” or “customers” wherever they occur there shall be

respectively substituted the words “subscriber” or “subscribers”.

Regulations 18, 19 and 20 of the principal regulations shall

be repealed.

Regulations 21 to 31 of the principal regulations shall be Renumbers

regulations 21 to 31

renumbered as regulations 18 to 28.

of the principal

regulations.

In sub-regulation (3) of regulation 18 as renumbered of the Amends regulation

18 as renumbered of

principal regulations for the words “six months” there shall be substituted the principal

the words “one month”.

regulations.

In paragraph (vii) of regulation 22 as renumbered of the Amends regulation

22 as renumbered of

principal regulations the words “and for services provided under the the principal

regulations.

universal service obligations” shall be deleted.

For regulation 24 as renumbered of the principal regulations Substitutes

regulation 24 as

there shall be substituted the following>

renumbered of the

principal

regulations.

Is-subregolament (6) tar-regolament 26 kif enumerat mill- Jemenda regolament

26 kif enumerat

;did tar-regolamenti prinçipali g[andu jkun emendat kif ;ej>

mill-;did tar-

regolamenti

prinçipali.

(a) fil-paragrafu (a) tieg[u l-kliem “membru ma[tur mill-

operaturi” g[andu jkun sostitwit bil-kliem“ membru appuntat minn

dawk l-operaturi li g[andhom po]izzjoni dominanti fis-suq” <

(b) fil-paragrafu (b) tieg[u l-kliem “L-operatur” g[andhom

ikunu sostitwiti bil-kliem“ Operatur li g[andu po]izzjoni dominanti

fis-suq” .

Wara r-regolament 28 kif enumerat mill-;did tar-regolamenti

prinçipali g[andu jidda[[al ir-regolament li ;ej>

An operator or any other interested party shall have

a right to appeal to the Telecommunications Appeals Board

against any decision of the Regulator taken in accordance

with these regulations including any decision relating to any

dispute referred to the Regulator under regulation 23 of these

Regulations.”.

19. Sub-regulation (6) of regulation 26 as renumbered of the Amends regulation

26 as renumbered of

principal regulations shall be amended as follows>

the principal

regulations.

(a) in paragraph (a) for the words “one member appointed

by operators” there shall be substituted the words “one member

appointed by those operators having a dominant market position”<

(b) in paragraph (b) for the words “The operator” there shall

be substituted the words “An operator having a dominant market

position”.

20. After regulation 28 as renumbered of the principal regulations Adds new

regulation 29 to the

there shall be added the following new regulation>-

principal

regulations.

The Regulator may impose an administrative fine

in accordance with the Telecommunications (Administrative

Fines and Sanctions) Regulations, 2002 upon an authorised

2002. provider who fails to comply with any of the provisions of

these regulations or with any directive or decision, howsoever

described, that the Regulator may issue or give under these

regulations.”.

21. The First Schedule to the principal regulations shall be Amends the First

Schedule to the

amended as follows>-

principal

regulations.

(a) after the words “(Regulation 5)” there shall be added

the words “PART 1”<

(b) immediately at the end of PART 1 there shall be added

the following new Part>

“PART 2

Licence for Cable Television Services

Granted by the Regulator in exercise of the powers conferred by the

Telecommunications (Regulation) Act, Cap.399.

Date of Issue>

Validity Period>

Name of Company

Registered Address

Registration Number

1.0 Scope of Licence

1.1____________is licensed to provide cable television services

(“Services”) throughout the territory of Malta.

1.2 The licensed services are cable television services.

1.3 This licence shall not be construed as granting an exclusive

right to the Licensee to provide the Services.

1.4 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.

2.0 Service Implementations

The Licensee 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 such fees to the Regulator in the amounts

and at times stated by the Regulator, consistent with any Law or

Regulations that provide for such fees.

4.0 Lawful Interception Capability

The Licensee shall furnish to the 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 that

he thinks fit, including the effect which the transfer could possibly 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 of the

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 conditions

of the Licence and for statistical purposes.

9.0 Resolutions of Disputes

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

Regulator in order to resolve disputes in a fair, transparent and timely

manner and shall take all steps as required by the Regulator.

10.0 Broadcasting licence

In accordance with article 16A of the Broadcasting Act, the

Licensee is hereby granted broadcasting licences to allow it to broadcast

the following over a cable system>

10.1. Programme and other information with respect to the cable

system and its programming over which the licensee is broadcasting.

10.2. Previews of programmes that will be shown on the cable

system.

10.3. Cinematographic films.

10.4. Sports and similar programming.

10.5. Weather data and general information. Such general

information shall not, without the previous authority of the Regulator

include news or news related programmes.

10.6. General entertainment.

10.7. Sound only signals. Such sound only signals shall not, without

the previous authority of the Regulator include news or news related

22. For paragraphs 1 and 2 of the Second Schedule to the principal

regulations there shall be substituted the following>

“1. Fees to be paid on the grant of a licence>

i. for cable systems and services in respect of a

nationwide licence> Lm60,000.

ii. for cable systems and services in respect of any

particular geographical area or locality> Lm1,500 per locality.

2. Fees to be paid on an annual basis>

i. for cable systems and services in respect of a

nationwide licence> Lm 60,000 plus 4 per cent of total gross

revenues.

ii. for cable systems and services in respect of any

particular geographical area of locality> Lm 1,500 per locality

plus 4 per cent of total gross revenues.

iii. for cable television services in respect of a nationwide

licence> Lm 10,000 plus 4 per cent of total gross revenues.

3. Annual contribution to the running costs of the Community

Channel>

i. an operator having a dominant market position in

respect of a nationwide licence> Lm35,000.

ii. an operator having a dominant market position in respect

of any particular geographical area or locality> Lm1,500 per

locality.”.

23. In the Third Schedule to the principal regulations for the Amends

Schedule to the

words “(Regulation 28)” there shall be substituted the words principal

regulations.

“(Regulation 25)”.

24. The Fourth Schedule to the principal regulations shall be Amends the Fourth

Schedule to the

amended as follows>

principal

regulations.

(a) for the words “(Regulation 29)” there shall be substituted

the words “(Regulation 26)”<

(b) the words “for which the operator may not impose a

charge or a deposit in respect of any addressable converter required

by the subscriber” shall be deleted<

(c)

for the words>

“7. RAI UNO

Foreign Terrestrial

8. RAI DUE

Foreign Terrestrial

9. RAI TRE

Foreign Terrestrial

10. Canale 5

Foreign Terrestrial

11. Rete 4

Foreign Terrestrial

12. Italia Uno

Foreign Terrestrial

13. TVE Teletna

Foreign Terrestrial

14. Odeon#Antenna Sicilia

Foreign Terrestrial

15. Italia 7

Foreign Terrestrial

16. Weather#Information Channel

Local Cable TV

Channel

17.TMC

Foreign Terrestrial

18.TMC2

Foreign Terrestrial

19. Rete Sicilia

Foreign Terrestrial

20. BBC Sound Broadcasting Foreign Sound Radio.”

there shall be substituted the words>

“7. Weather#Information Channel

Local Cable TV

Channel>

Provided that the Regulator may after consulting the

Broadcasting Authority by order in the Gazette, vary this list of

television and radio broadcasting programme services.”.