and Services) Regulations, 2003

L.N. 202 of 2003

TELECOMMUNICATIONS (REGULATION) ACT

(CAP. 399)

General Authorisations (Private Telecommunications Systems

and Services) Regulations, 2003

IN exercise of the powers conferred upon him 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>

The title of these regulations is the General Authorisations Citation.

(Private Telecommunications Systems and Services) Regulations, 2003.

(1) Any reference in these regulations to the “Act” is a Interpretation.

reference to the Telecommunications (Regulation) Act, and subject to Cap. 399

the provisions of paragraph (2) of this regulation, the provisions of article

2 of the said Act shall apply to these regulations.

(2) In these regulations, unless the context otherwise requires>

“applicant” means the person who in accordance with these

regulations wishes to provide a private telecommunications service

and, or operate a private telecommunications system and to that

effect has communicated with the Authority in accordance with

the procedure established under these Regulations and under the

Act<

“Authority” means the Malta Communications Authority<

“system” or “service” means the private telecommunications

system being operated or private telecommunications service being

provided in accordance with these regulations.

(1) These regulations shall apply to any person who Application.

operates a private telecommunications system and, or who provides a

private telecommunications service whether throughout Malta or in

respect of any locality in Malta or between Malta and other countries.

(2) A private telecommunications system that is operated

and, or a private telecommunications service that is provided by a person

within the confines of a single building, or a group of buildings located

within the confines of an area of land owned, leased or otherwise lawfully

possessed by that same person, shall be exempt from the requirements

of these regulations and of the Act.

(1) Any person who wishes to establish and operate a private

provide information

telecommunications system and, or to provide a private

telecommunications service, shall in accordance with article 8 of the

Act notify the Authority of his intention to do so and together with such

a notification shall provide the Authority with the following>

(i) The full address and details of the applicant, including

those of any contact persons,

(ii) Where the applicant is a company, the registration

number of the company,

(iii) A short and clear description of the service or the system

to be provided,

(iv)

The estimated date for starting the service and, or

system,

(v) The geographical area intended to be covered by the

service and, or system,

(vi) A signed declaration by the applicant of compliance

with the conditions established in these regulations.

(2) Upon notification and submission by the applicant to

the Authority of all the information required under sub-regulation (1)

of this regulation, the Authority shall within five working days from

receipt inform the applicant whether the applicant may with immediate

effect provide the service and, or operate the system or else require the

applicant in accordance with article 8(3) of the Act to wait up to a

maximum of four weeks before starting to provide the service or to

operate the system in question.

The Authority shall within four weeks of its receipt of the

notification and the receipt of all the information required in sub-

regulation (1) of regulation 4 register the applicant as having been duly

authorised as an authorised provider in accordance with these

regulations.

A person duly authorised in accordance with these regulations Fees.

Cap. 49 and Cap. 35

shall pay>

(i) the administrative fees established in the Schedule to

these Regulations<

(ii) such fees as may be due under the Wireless Telegraphy

Ordinance and the Fees Ordinance in respect of the use of frequency

spectrum and the use or possession of wireless telegraphy

equipment<

(iii) any other fees as may from time to time be established

by law.

(1) Without prejudice to the applicability of the provisions Compliance with

conditions of

of any other law, a person duly authorised in accordance with these authorisation under

regulations shall be required to comply with the conditions established these regulations.

in sub-regulation (2) of this regulation, which conditions shall be

considered as part of the general authorisation to operate a system and,

or a service in accordance with these regulations.

(2) A person authorised in accordance with these regulations

shall>

(i) promptly provide the Authority with any periodic

evaluation, reports and any other information relating to its business

or operations that the Authority may from time to time, request<

(ii) ensure that all equipment used in providing the service

and, or operating the system, is of the required standard and

complies with any laws in relation to standards in

telecommunications<

(iii) perform any tests as may be necessary or as may be

required by the Authority to ensure that all telecommunications

equipment used is maintained in good working order and condition<

(iv) ensure the proper performance of any contractors, sub-

contractors or any other persons employed or in any other manner

engaged or contracted by the person duly authorised in accordance

with these regulations, to carry out work consisting of the

construction, maintenance or operation of the system and of its

property or equipment<

(v) allow any officer of or any person duly authorised by

the Authority to enter any premises used in connection with the

operations or activities however so described in order to inspect,

examine or test any equipment used in connection with the aforesaid

operations or activities in order to verify that these regulations or

the Act are being complied with<

(vi) comply with any decision however so described taken

by the Malta Environment and Planning Authority in ensuring

compliance with any laws relating to the environment and, or

development planning.

Schedule

Fee to be paid to the Authority

Upon notification to the Authority in accordance with regulation

4 and subsequently on every anniversary of such notification – an annual

fee of Lm100.

Mitbug[ fl-Istamperija tal-Gvern — Printed at the Government Printing Press