346 tal-2004 - Direttiva mill-Awtorità ta’ Malta dwar il-Komunikazzjoni wara l-ħruġ ta’ deċiżjoni msejħa “Interconnection in the Maltese Telecommunications Sector - Report on Consultation and Decision, May 2003"

L.N. 346 of 2004

TELECOMMUNCIATIONS (REGULATION) ACT

(CAP. 399)

Directive by the Malta Communications Authority further to the

issue of a decision entitled “Interconnection in the Maltese

Telecommunications Sector – Report on Consultation and

Decision, May 2003”

THE Malta Communications Authority (hereinafter referred to as

“the Authority”) further to the issue of a decision entitled

“Interconnection in the Maltese Telecommunications Sector – Report

on Consultation and Decision, May 2003” (hereinafter referred to as

“the Decision”) is hereby publishing the following Directive for the

purposes of the Telecommunications (Regulation) Act and of the

Telecommunications Services (General) Regulations, 2000, and in order

to ensure compliance with the Decision.

“Directive by the Malta Communications Authority

In May, 2003 the Authority published a decision entitled

“Interconnection in the Maltese Telecommunications Sector – Report

on Consultation and Decision”. The main purpose of this decision was

to regulate the reference interconnection offers published by dominant

operators in the telecommunications sector.

In accordance with the Decision, Vodafone Malta Limited was

specifically required with effect as from the 1st July, 2003 to implement

the interconnection rates charged to other interconnecting operators as

follows>

• National termination>

6.85 cents per minute,

• International gateway to mobile>

6.85 cents per minute

Subsequently, the coming into force of the interconnection rates

was extended from the 1st July, 2003 to the 1st October, 2003.

Following written communications between the Authority and

Vodafone Malta Limited, whereby Vodafone Malta Limited was

required to comply with the aforesaid decision, Vodafone Malta Limited

in its letter dated 1st June, 2004 wrote to the Authority informing the

said Authority that it felt aggrieved by the application of rates and it

could not comply with the aforesaid decision.

The Authority has considered all the relevant documentation and

representations made, including that Vodafone Malta Limited did not

contest the aforesaid decision within the appropriate timeframes

established at law and that no reasons justifiable at law were submitted

contesting the aforesaid decision within the prescribed timeframes at

law.

Therefore, pursuant to the Telecommunications (Regulation) Act

and the provisions of the Telecommunications Services (General)

Regulations, and in particular the failure by Vodafone Malta Limited

to comply with the Decision in its entirety, the Authority is making the

following Directive, namely that>

Vodafone Malta Limited shall forthwith comply with the

aforesaid Decision of the Authority, in particular that Vodafone Malta

Limited shall implement the interconnection rates charged to other

interconnecting operators as follows>

• National termination>

85 cents per minute,

• International gateway to mobile>

6.85 cents per minute,

and this back dated to the 1st October, 2003, in compliance with the

Decision as amended<

2. This Directive shall come into force on the date of its

publication in the Gazette.

Joseph V. Tabone

Chairman

Malta Communications Authority”.

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