Regulations, 2003

L.N. 45 of 2003

TELECOMMUNICATIONS (REGULATION) ACT

(CAP. 399)

Telecommunications (Unbundled Access to the Local Loop)

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>

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

(Unbundled Access to the Local Loop) Regulations, 2003.

(2) These Regulations shall come into force as the Minister

may by Order determine and different dates may be appointed in respect

of different provisions and purposes of these regulations.

Minimum list of items to be included in a reference offer for unbundled access

to the local loop to be published by notified operators

Part A – Conditions for unbundled access to the local loop

1. Network elements to which access is offered covering in particular the

following elements>

(i) access to local loops<

(ii) access to non-voice band frequency spectrum of a local loop in the

case of shared access to the local loop<

2. Information concerning the locations of physical access sites which

information may be restricted to interested parties if the Authority retains that there are

public security concerns, and availability of local loops in specific parts of the access

3. Technical conditions related to access and use of local loops, including the

technical characteristics of the twisted metallic pair in the local loop<

4. Ordering and provisioning procedures, and usage restrictions.

Part B – Collocation services

1. Information on the relevant sites of the notified operator which information

may be restricted to interested parties if the Authority retains that there are public

security concerns<

2. Collocation options at the sites indicated under paragraph 1 above of Part B,

including physical collocation and, as appropriate, distant collocation and virtual

collocation<

3. Equipment characteristics> restrictions, if any, on equipment that can be

collocated<

4. Security issues> measures put in place by notified operators to ensure the

security of their locations<

5. Access conditions for staff of competing operators<

6. Safety standards<

7. Rules for the allocation of space where collocation space is limited<

(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>

“Authority” means the Malta Communications Authority<

“beneficiary” means a third party which is an authorised

provider in accordance with the Act and which is eligible for

unbundled access to a local loop<

“collocation” means the provision of physical space and

technical facilities necessary to reasonably accommodate and

connect the relevant equipment of a beneficiary as mentioned in

Part B of the Schedule to these regulations<

“full unbundled access to the local loop” means the provision

to a beneficiary of access to the local loop or local sub loop of the

notified operator authorising the use of the full frequency spectrum

of the twisted metallic pair<

“local loop” means the physical twisted metallic pair circuit

connecting the network termination point at the premises of the

subscriber to the main distribution frame or equivalent facility in

the fixed public telephony system<

“local sub-loop” means a partial local loop connecting the

network termination point at the premises of the subscriber to a

concentration point or a specified intermediate access point in the

fixed public telephony system<

“notified operator” means an operator of a public fixed

telephony system that is presumed or is designated or otherwise

considered as having dominant market power in the public fixed

telephony market in accordance with the Telecommunications

Services (General) Regulations, 2000<

“related facilities” means the facilities associated with the

provision of unbundled access to the local loop, notably collocation,

cable connections and relevant information technology systems,

access to which is necessary for a beneficiary to provide services

on a competitive and fair basis<

“shared access to the local loop” means the provision to a

beneficiary of access to the local loop or local sub loop of the

notified operator, authorising the use of the non-voice band

frequency spectrum of the twisted metallic pair, whilst the local

loop continues to be used by the notified operator to provide the

telephone service to the public< and

“unbundled access to the local loop” means full unbundled

access to the local loop and shared access to the local loop and

does not entail a change in ownership of the local loop.

These regulations shall apply to unbundled access to the local

loops and related facilities of notified operators, and this without

prejudice to the obligation of notified operators to comply with the

principle of non-discrimination, when using the public fixed telephony

system in order to provide high speed access and transmission services

to third parties in the same manner as they provide for their own services

or to their subsidiaries or affiliated businesses in accordance with Maltese

law.

(1) Notified operators shall from such date as the Authority

may establish in the Gazette, publish and keep updated, a reference

offer for unbundled access to their local loops and related facilities,

which shall include at least the items listed in the Schedule to these

Regulations.

(2) The reference offer shall be sufficiently unbundled so

that the beneficiary does not have to pay for system elements or facilities

which are not necessary for the supply of its services, and shall contain

a description of the components of the reference offer and associated

terms and conditions including charges.

(1) Notified operators shall from such date as the Authority Notified operators

to accede to

may establish in the Gazette meet reasonable requests from beneficiaries reasonable requests.

for unbundled access to their local loops and related facilities, under

transparent, fair and non-discriminatory conditions.

(2) Requests made under paragraph (1) of this regulation

shall only be refused on the basis of objective criteria relating to technical

feasibility or to the need to maintain system integrity.

(3) Where access is refused, the aggrieved party may submit

the case for dispute resolution in accordance with the procedure

established under article 27 of the Act.

(4) Subject to paragraphs (1) and (2) of this regulation,

notified operators shall provide beneficiaries with facilities equivalent

to those provided for their own services or their subsidiaries or affiliated

businesses, and with the same conditions and timescales.

Without prejudice to paragraph (4) of regulation 7 of these Charging of prices

by notified

regulations, notified operators shall charge prices for unbundled access operators.

to the local loop and related facilities set on the basis of cost orientation.

(1) The Authority shall ensure that charging for unbundled Supervision by the

Authority.

access to the local loop fosters fair and sustainable competition and

may for this purpose issue such directives as it may consider necessary.

(2) The Authority shall have the power to>

(a) impose changes on the reference offer for unbundled

access to the local loop and related facilities, including prices, where

the Authority considers such changes to be justified< and

(b) require notified operators to supply it with information

relevant for the implementation of these regulations.

(3) The Authority may, where justified, intervene of its own

initiative in order to ensure non-discrimination, fair competition,

economic efficiency and maximum benefit for users and subscribers.

(4) When the Authority determines that the local access

market is sufficiently competitive, it shall relieve the notified operators

of the obligation laid down in regulation 6 of these regulations for prices

to be set on the basis of cost-orientation.

(5) Disputes concerning the application of these regulations

shall be subject to the dispute resolution procedures established under

article 27 of the Act and shall be handled promptly, fairly and

transparently.

Conditions for beneficiaries to inspect the locations at which physical

collocation is available, or sites where collocation has been refused on grounds of lack

of capacity.

Part C – Information systems

Conditions for access to the operational support systems, information systems or

databases for pre-ordering, provisioning, ordering, maintenance and repair requests

and billing of a notified operator.

Part D – Supply conditions

1. Lead time for responding to requests for supply of services and facilities, and

service level agreements, fault resolution, procedures to return to a normal level of

service and quality of service parameters<

2. Standard contract terms, including, where appropriate, compensation provided

for failure to meet lead times<

3. Prices or pricing formulae for each feature, function and facility listed above.

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