Regulations, 2004

L.N. 412 of 2004

ELECTRONIC COMMUNICATIONS (REGULATION) ACT

(CAP. 399)

Electronic Communications Networks and Services (General)

Regulations, 2004

IN exercise of the powers conferred by article 34 of the Electronic

Communications (Regulation) Act, the Minister for Competitiveness

and Communications, after consultation with the Malta Communications

Authority, has made the following regulations

PART I

Preliminary

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

Communications Networks and Services (General) Regulations, 2004.

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

responsible for communications may by Order determine and different

dates may be appointed in respect of different regulations

Provided that any order made under these regulations shall

be recorded in the First Schedule to these regulations.

(Regulation 1)

Regulations brought into force in accordance with regulation 1.

First Column

Second Column

Third Column

Regulations in

Legal Notice by virtue of which the

Date of the coming

force

regulations in the first column were

into force of the

brought into force

regulations in the

first column

(1) These regulations shall, unless the context otherwise Application.

requires, apply to

(a)

public communications networks;

(b) publicly available telephone services;

(c)

television and radio distribution services;

(d) other publicly available electronic communications

services;

(e)

non-public electronic communications services; and

(f) private electronic communications networks and, or

private electronic communications services.

(2) Any person providing any of the services or operating

any of the networks mentioned in this regulation shall comply with

these regulations.

(Regulation 8)

Criteria to be used by the Authority in making an assessment of joint

dominance in accordance with regulation 8

Two or more undertakings can be found to be in a joint dominant position within

the meaning of regulation 8 if, even in the absence of structural or other links between

them, they operate in a market the structure of which is considered to be conducive to

coordinated effects. Without prejudice to the case law of the Court of Justice of the

European Communities on joint dominance, this is likely to be the case where the

market satisfies a number of appropriate characteristics, in particular in terms of market

concentration, transparency and other characteristics mentioned below

- mature market,

- stagnant or moderate growth on the demand side,

- low elasticity of demand,

- homogeneous product,

- similar cost structures,

- similar market shares,

- lack of technical innovation, mature technology,

- absence of excess capacity,

- high barriers to entry,

- lack of countervailing buying power,

- lack of potential competition,

- various kinds of informal or other links between the undertakings concerned,

- retaliatory mechanisms,

- lack or reduced scope for price competition.

The above is not an exhaustive list, nor are the criteria cumulative. Rather the list

is intended to illustrate only the sorts of evidence that could be used to support assertions

concerning the existence of joint dominance.

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

reference to the Electronic Communications (Regulation) Act, and

subject to the provisions of subregulation (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

“Access Directive” means Directive Number 2002/19/EC of

the European Parliament and of the Council of the 7th March, 2002

on access to, and interconnection of, electronic communications

networks and associated facilities;

“application program interface” means the software interfaces

between applications, made available by broadcasters or service

providers, and the resources in the enhanced digital television

equipment for digital television and radio services;

“Authorisation Directive” means Directive Number 2002/20/

EC of the European Parliament and of the Council of the 7th March,

2002 on the authorisation of electronic communications networks

and services;

“the Authority” means the Malta Communications Authority;

“Directive on Privacy and Electronic Communications” means

Directive Number 2002/58/EC of the European Parliament and of

the Council of the 12th July, 2002 concerning the processing of

personal data and the protection of privacy in the electronic

communications sector;

“enhanced digital television equipment” means set-top boxes

intended for connection to television sets or integrated digital

television sets, able to receive digital interactive television services;

“Framework Directive” means Directive Number 2002/21/EC

of the European Parliament and of the Council of the 7th March, 2002

on a common regulatory framework for electronic communications

networks and services;

“geographic number” means a number from the national

numbering plan where part of its digit structure contains geographic

significance used for routing calls to the physical location of the

network termination point;

“harmful interference” means interference which endangers

the functions of a radionavigation service or of other safety services

or which otherwise seriously degrades, obstructs or repeatedly

interrupts a radiocommunications service operating in accordance

with the applicable European Community law or Maltese law;

“individual number allocated” means an individual number

that has been allocated from a block of numbers irrespective of

whether the number has been activated;

the “Minister” means the Minister responsible for

communications;

“non-geographic number” means a number from the national

numbering plan that is not a geographic number and includes

mobile, freephone and premium rate numbers;

“non-public electronic communications services” are

electronic communications services that are not generally available

to the public, such as services consisting of the management on a

commercial basis of a private electronic communications network;

“other publicly available electronic communications services”

means those publicly available electronic communications services

that are

(i) neither a publicly available telephone service,

(ii) nor a television and, or radio distribution service<

“private electronic communications network and, or private

electronic communications service” means a network that is

operated and, or a service that is provided by a person within the

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

possessed by that same person;

“Specific Directives” means the Authorisation Directive, the

Access Directive, the Directive on Privacy and Electronic

Communications, the Framework Directive, and the Universal

Service Directive;

“television and radio distribution services” means the delivery

of television and, or radio broadcasts or other television services

to a subscriber through an electronic communications network;

“transnational markets” means markets identified in

accordance with article 15(4) of the Framework Directive covering

the Community or a substantial part thereof;

“Universal Service Directive” means Directive Number 2002/

22/EC of the European Parliament and of the Council of the 7th

March, 2002 on universal service and users’ rights relating to

electronic communications networks and services.

PART II

Regulation of the market

(Regulation 16(1))

Conditions for access to digital television and radio services broadcast to

viewers and listeners in the Community

Part A: Conditions for conditional access systems to be applied in

accordance with regulation 16

In relation to conditional access to digital television and radio services broadcast

to viewers and listeners in the Community, irrespective of the means of transmission,

the Authority shall, in conjunction with other competent authorities, ensure in accordance

with article 6 of the Access Directive that the following conditions apply

1. conditional access systems operated on the market in the Community are to

have the necessary technical capability for cost-effective transcontrol allowing the

possibility for full control by network operators at local or regional level of the services

using such conditional access systems;

2. all operators of conditional access services, irrespective of the means of

transmission, who provide access services to digital television and radio services and

whose access services broadcasters depend on to reach any group of potential viewers

or listeners are to

2.1. offer to all broadcasters, on a fair, reasonable and non-discriminatory

basis compatible with Community competition law, technical services enabling

the broadcasters’ digitally-transmitted services to be received by viewers or listeners

authorised by means of decoders administered by the service operators, and comply

with Community competition law,

2.2. keep separate financial accounts regarding their activity as conditional

access providers;

3. when granting licences to manufacturers of consumer equipment, holders of

industrial property rights to conditional access products and systems are to ensure that

this is done on fair, reasonable and non-discriminatory terms. Taking into account

technical and commercial factors, holders of rights are not to subject the granting of

licences to conditions prohibiting, deterring or discouraging the inclusion in the same

product of

3.1. a common interface allowing connection with several other access systems,

or

3.2. means specific to another access system, provided that the licensee complies

with the relevant and reasonable conditions ensuring, as far as he is concerned, the

security of transactions of conditional access system operators.

(Regulation 15(1)(b))

Part B: Other facilities to which conditions may be applied under regulation

15(1)(b)

1. Access to application program interfaces (APIs);

2. Access to electronic programme guides (EPGs).

(1) The Authority shall, to the extent that it is empowered

under the Act, ensure that the principles of competition law are fully

adhered to in the electronic communications sector in particular with

regard to

(i)

examination of interconnection agreements;

(ii)

conditions for market access to undertakings;

(iii) schemes established for funding universal service

obligations;

(iv)

access to rights of way;

(v) cross-ownership of different networks and joint

provision of networks and, or services; and

(vi) emergence of global and regional partnerships and

alliances

Provided that for the purpose of implementing its functions

under these regulations, the Authority may seek the advice of the

competent authority responsible for competition issues.

(2) An undertaking shall refrain from doing anything, by

act or omission, which has the effect or the intention of preventing,

restricting or distorting competition.

(3) An undertaking providing public electronic Undertaking

operate same entity

communications networks shall not operate its cable television network for other electronic

using the same legal entity as it uses for its other public electronic communications

networks.

communications network if such undertaking

(a) is controlled by the Government of Malta or benefits from

special rights,

(b) is dominant in a substantial part of the common market in

the provision of public electronic communications networks and

publicly available telephone services, and

(c) operates a cable television network which has been

established under special or exclusive rights in the same

geographical area.

(4) No person shall enjoy any exclusive and, or special rights Directory services.

with regard to the establishment and provision of directory services,

including the publication of directories and directory enquiry services

in Malta.

(Regulation 18)

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

to the twisted metallic pair local loop to be published by notified operators

For the purposes of this Schedule the following definitions apply

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

termination point at the subscriber’s premises to a concentration point or a specified

intermediate access point in the fixed public telephone network;

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

local loop and shared access to the local loop; it does not entail a change in

ownership of the local loop;

• “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;

• “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; the

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

service to the public.

A. Conditions for unbundled access to the local loop

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

following elements

1.1.

access to local loops;

1.2. 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 1 , availability of

local loops in specific parts of the access network;

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, usage restrictions.

B. Co-location services

Information on the notified operator’s relevant sites 1 .

1.

2. Co-location options at the sites indicated under point 1 (including physical

co-location and, as appropriate, distant co-location and virtual co-location).

3. Equipment characteristics: restrictions, if any, on equipment that can be co-

located.

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

security of their locations.

5. Access conditions for staff of competitive operators.

6. Safety standards.

7. Rules for the allocation of space where co-location space is limited.

8. Conditions for beneficiaries to inspect the locations at which physical co-

location is available, or sites where co-location has been refused on grounds of lack of

capacity.

C. Information systems

1. Conditions for access to notified operator’s operational support systems,

information systems or databases for pre-ordering, provisioning, ordering, maintenance

and repair requests and billing.

D. Supply conditions

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

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.

Availability of this information may be restricted to interested parties only, in order to avoid public security concerns.

(1) In accordance with the provisions of the Act, the Provision of

information.

Authority shall upon receipt of a reasoned request from the European

Commission, provide the European Commission with such information

as is necessary for the European Commission to carry out its tasks under

the Treaty establishing the Community.

(2) Where any information requested by the European

Commission refers to information previously provided to the Authority

by undertakings, the Authority shall notify in writing the undertaking

which provided that information, that the Authority has been requested

to provide the information to the European Commission and that the

European Commission is entitled to pass such information on to national

regulatory authorities in other Member States unless the Authority makes

an explicit and reasoned request to the contrary

Provided that in the case of information expressed to be

confidential by the undertaking which provided it, the Authority shall

delay the provision of the information to the European Commission to

enable the undertaking which provided the information concerned to

make written representations to the Authority within seven days from

the date of receipt of the said notification from the Authority.

(3) The Authority may, taking into account any

representations submitted to it under subregulation (2) of this regulation

but at its sole discretion, make an explicit and reasoned request to the

European Commission not to make any information provided under

subregulation (1) of this regulation available to a national regulatory

authority in another Member State.

(4) The Authority may make information submitted to it

pursuant to article 4(10) of the Malta Communications Authority Act

available to a national regulatory authority in another Member State

after a substantiated request, provided the Authority is satisfied that

provision of such information is necessary to allow that national

regulatory authority to fulfil its responsibilities under European

Community law.

(5) Where the Authority considers that information to be

made available under subregulation (4) of this regulation is confidential,

the Authority shall identify such information accordingly.

(6) Where the Authority receives information classified as

confidential from the European Commission or from a national

regulatory authority of another Member State pursuant to article 5 of

the Framework Directive and the Authority is satisfied that such

information is so classified in accordance with rules of commercial

confidentiality of the Community or of the Member State from which

the information originated, as the case may be, the Authority shall protect

the confidentiality of such information in accordance with Maltese law.

(7) Undertakings shall indicate to the Authority if any

information provided to the Authority is to be considered confidential

for commercial reasons

Provided that it shall be at the discretion of the Authority to

decide what information is to be treated as confidential for commercial

reasons.

(Regulations 32 and 49)

Description of facilities and services referred to in regulations 32 and 49

Part A: Facilities and services referred to in regulation 32

1. Itemised billing

1.1. The Authority may, subject to the requirements of relevant legislation on the

protection of personal data and privacy, lay down the basic level of itemised bills

which are to be provided by designated undertakings to consumers free of charge in

order that they can

1.1.1. allow verification and control of the charges incurred in using the

public telephone network at a fixed location and,or related publicly available

telephone services, and

1.1.2. adequately monitor their usage and expenditure and thereby exercise

a reasonable degree of control over their bills.

1.2. Where appropriate, additional levels of detail may be offered to subscribers

at reasonable tariffs or at no charge as the Authority may approve.

1.3. Calls which are free of charge to the calling subscriber, including calls to

helplines, are not to be identified in the calling subscriber’s itemised bill.

2. Selective call barring for outgoing calls, free of charge

2.1. Namely, the facility whereby the subscriber can, on request to the telephone

service provider, bar outgoing calls of defined types of numbers free of charge.

3. Pre-payment systems.

3.1. The Authority may require designated undertakings to provide the means for

consumers to pay for access to the public telephone network and use of publicly available

telephone services on pre-paid terms.

4. Phased payment of connection fees

4.1. The Authority may require designated undertakings to allow consumers to

pay for connection to the public telephone network on the basis of payments phased

over time.

5. Non-payment of bills

5.1. The Authority may authorise specified measures, which are proportionate,

non-discriminatory and published, to cover non-payment of telephone bills for use of

the public telephone network at fixed locations. These measures are to ensure that due

warning of any consequent service interruption or disconnection is given to the

subscriber beforehand. Except in cases of fraud, persistent late payment or non-payment,

these measures are to ensure, as far as is technically feasible, that any service interruption

is confined to the service concerned. Disconnection for non-payment of bills should

take place only after due warning is given to the subscriber. The undertaking shall,

subject to any directives that the Authority may issue, ensure that such measures allow

a period of limited service prior to complete disconnection, during which only calls

that do not incur a charge to the subscriber (e.g. “112” calls) are permitted.

Part B: Facilities referred to in regulation 49

1. Tone dialling or DTMF (dual-tone multi-frequency operation)

1.1. namely, the public telephone network supports the use of DTMF tones as

defined in ETSI ETR 207 for end-to-end signalling throughout the network both within

a Member State and between Member States.

2. Calling-line identification

2.1. namely, the calling party’s number is presented to the called party prior to the

call being established.

2.2. this facility should be provided in accordance with relevant legislation on

protection of personal data and privacy.

2.3. to the extent technically feasible, operators should provide data and signals

to facilitate the offering of calling-line identity and tone dialling across Member State

boundaries.

(1) In addition to the consultation referred to in article 10 of

the Act, where the Authority intends to take a measure which

(a) falls within the scope of regulations 9, 10, 15, 17, 37, 38

or 39 of these regulations; and

(b) would affect trade between Member States,

the Authority shall at the same time make the draft measure

accessible to the European Commission and the national regulatory

authorities in other Member States together with the reasoning on

which the measure is based, and inform the European Commission

and national regulatory authorities in other Member States thereof.

(2) Before taking a measure referred to in subregulation (1)

of this regulation, the Authority shall take into account any comments

made by a national regulatory authority in another Member State or the

European Commission received by the Authority within one month or

within any longer period established under article 10 of the Act, of having

made the draft measure accessible.

(3) Where a draft measure referred to in subregulation (1)

of this regulation consists of

(a) a proposed definition of a relevant market which differs

from any relevant market defined in any recommendations and

guidelines that the European Commission may, in accordance with

article 15 of the Framework Directive, issue from time to time; or

(b) a proposed decision whether or not to designate an

undertaking as having, either individually or jointly with others,

significant market power,

and would affect trade between Member States, and the European

Commission has indicated to the Authority that it considers that

the draft measure would create a barrier to the single market or

that it has serious doubts as to its compatibility with European

Community law and, in particular, the objectives referred to in

article 8 of the Framework Directive, the draft measure shall not

be adopted for a further two months.

(4) The Authority shall not proceed with the draft measure

if the European Commission takes a decision in accordance with the

procedure referred to in article 22(2) of the Framework Directive

requiring the Authority to withdraw the draft measure.

(5) The Authority shall take the utmost account of any

comments of any national regulatory authority in other Member States

and of the European Commission received in response to the consultation

referred to in subregulation (1) of this regulation and may, except in

cases covered by subregulation (4) of this regulation, adopt the resulting

draft measure with or without amendment and where it does so adopt

such measure, the Authority shall communicate it to the European

Commission.

(6) Where the Authority considers that there are exceptional

circumstances justifying an urgent need to act by way of derogation

from the procedures set out in subregulations (1), (2), (3) and (4) of this

regulation in order to safeguard competition and protect the interests of

users, the Authority may immediately adopt a proportionate measure

on a provisional basis.

(7) Where the Authority acts in accordance with

subregulation (6) of this regulation, it shall without delay notify the

measure concerned with full reasons for its adoption, to the European

Commission, the national regulatory authorities in other Member States

and the undertaking to which the measure concerned is addressed.

(8) A decision by the Authority to render a measure referred

to in subregulation (6) of this regulation permanent or extend the time

for which it is applicable, is subject to subregulations (1), (2) (3) and

(4) of this regulation.

(Regulation 33)

Quality of Service Parameters

Supply-time and quality of service parameters, definitions and measurements

referred to in regulation 33

Parameter (1)

Definition

Measurement method

Supply time for initial connection

ETSI EG 201 769-1 ETSI EG 201 769-1

Fault rate per access line

ETSI EG 201 769-1 ETSI EG 201 769-1

Fault repair time

ETSI EG 201 769-1 ETSI EG 201 769-1

Unsuccessful call ratio (2)

ETSI EG 201 769-1 ETSI EG 201 769-1

Call set up time (2)

ETSI EG 201 769-1 ETSI EG 201 769-1

Response times for operator services

ETSI EG 201 769-1 ETSI EG 201 769-1

Response times for directory

enquiry services

ETSI EG 201 769-1

ETSI EG 201 769-1

Proportion of coin and card operated

public pay telephones in working

order

ETSI EG 201 769-1

ETSI EG 201 769-1

Bill correctness complaints

ETSI EG 201 769-1

ETSI EG 201 769-1

(1)

Parameters should allow for performance to be analysed at a regional level (i.e. no

less than Level 2 in the Nomenclature of Territorial Units for Statistics (NUTS)

established by Eurostat).

(2)

The Authority may decide not to require that up-to-date information concerning the

performance of these two parameters be kept if evidence is available to show that

performance in these two areas is satisfactory.

(1) Numbering resources shall be managed by the Authority

in accordance with the Act.

(2) The Authority may revoke, suspend or change

numbering use, for the following reasons

(i) when such revocation, suspension or change is requested

by the undertaking;

(ii) when international harmonisation necessitates such

revocation, suspension or change;

(iii) in cases of serious and repeated breaches of the general

authorisation conditions and, or the conditions related to rights of

use;

(iv) when necessary as part of a change to the national

numbering plan

Provided that the Authority shall give an appropriate period

of notice to any party affected by such revocation, suspension or change

in numbering use.

(Regulation 34)

Calculating the net cost, if any, of universal service obligations and establishing

any recovery or sharing mechanism in accordance with articles 12 and 13 of the

Universal Service Directive

Part A: Calculation of net cost

Universal service obligations refer to those obligations placed upon an undertaking

by a Member State which concern the provision of a network and service throughout a

specified geographical area, including, where required, averaged prices in that

geographical area for the provision of that service or provision of specific tariff options

for consumers with low incomes or with special social needs.

The Authority is to consider all means to ensure appropriate incentives for

undertakings (designated or not) to provide universal service obligations cost efficiently.

In undertaking a calculation exercise, the net cost of universal service obligations is to

be calculated as the difference between the net cost for a designated undertaking of

operating with the universal service obligations and operating without the universal

service obligations. This applies whether the network is fully developed or is still

undergoing development and expansion. Due attention is to be given to correctly

assessing the costs that any designated undertaking would have chosen to avoid had

there been no universal service obligation. The net cost calculation should assess the

benefits, including intangible benefits, to the universal service operator.

The calculation is to be based upon the costs attributable to

(i) elements of the identified services which can only be provided at a loss or

provided under cost conditions falling outside normal commercial standards.

This category may include service elements such as access to emergency telephone

services, provision of certain public pay telephones, provision of certain services or

equipment for disabled people, etc;

(ii) specific end-users or groups of end-users who, taking into account the

cost of providing the specified network and service, the revenue generated and

any geographical averaging of prices imposed, can only be served at a loss or

under cost conditions falling outside normal commercial standards.

This category includes those end-users or groups of end-users which would not

be served by a commercial operator which did not have an obligation to provide universal

service.

The calculation of the net cost of specific aspects of universal service obligations

is to be made separately and so as to avoid the double counting of any direct or indirect

benefits and costs. The overall net cost of universal service obligations to any

undertaking is to be calculated as the sum of the net costs arising from the specific

components of universal service obligations, taking account of any intangible benefits.

The responsibility for verifying the net cost lies with the Authority.

[Regulation 35(4)]

Part B: Recovery of any net costs of universal service obligations

The recovery or financing of any net costs of universal service obligations requires

designated undertakings with universal service obligations to be compensated for the

services they provide under non-commercial conditions. Because such a compensation

involves financial transfers, the Authority shall ensure that these are undertaken in an

objective, transparent, non-discriminatory and proportionate manner. This means that

the transfers result in the least distortion to competition and to user demand.

In accordance with subregulation (4) of regulation 35, a sharing mechanism based

on a fund should use a transparent and neutral means for collecting contributions that

avoids the danger of a double imposition of contributions falling on both outputs and

inputs of undertakings.

The independent body administering the fund is to be responsible for collecting

contributions from undertakings which are assessed as liable to contribute to the net

cost of universal service obligations and is to oversee the transfer of sums due and, or

administrative payments to the undertakings entitled to receive payments from the

fund.

(1) The Authority shall determine whether undertakings have

significant market power in accordance with this regulation.

(2) An undertaking shall be deemed to have significant

market power if, either individually or jointly with others, it enjoys a

position equivalent to dominance, that is to say a position of economic

strength affording it the power to behave to an appreciable extent

independently of competitors, customers and ultimately consumers.

(3) The Authority shall, when assessing whether an

undertaking has significant market power or whether two or more

undertakings are in a joint dominant position in a market, act in

accordance with European Community law and take utmost account of

any relevant guidelines on market analysis and the assessment of

significant market power published by the European Commission

pursuant to article 15 of the Framework Directive and, in addition, in

the case of an assessment of whether two or more undertakings are in a

joint dominant position, the criteria set out in the Second Schedule to

these regulations.

(4) Where an undertaking has significant market power on

a specific market, it may also be deemed to have significant market

power on a closely related market, where the links between the two

markets are such as to allow the market power held in one market to be

leveraged into the other market, thereby strengthening the market power

of the undertaking.

(Regulation 38)

Conditions for the minimum set of leased lines referred to in Regulation 38

In this Schedule “regulation 38” means regulation 38 of the Electronic

Communications Networks and Services (General) Regulations, 2004

Note: In accordance with the procedure in regulation 38, provision of the minimum

set of leased lines under the conditions established by Directive 92/44/EC should

continue until such time as the Authority determines that there is effective competition

in the relevant leased lines market.

The Authority shall ensure that the provision of the minimum set of leased lines

referred to in article 18 of the Universal Service Directive follows the basic principles

of non-discrimination, cost orientation and transparency.

1. Non discrimination

Undertakings identified as having significant market power pursuant to regulation

38 shall adhere to the principle of non-discrimination when providing leased lines

referred to in regulation 38. Those undertakings are to apply similar conditions in

similar circumstances to persons providing similar services, and are to provide leased

lines under the same conditions and of the same quality as they provide for their own

services, or those of their subsidiaries or partners, where applicable.

2. Cost orientation

Undertakings identified as having significant market power pursuant to regulation

38 shall ensure that tariffs for leased lines referred to in regulation 38 follow the basic

principles of cost orientation. To this end, they shall put in practice a suitable cost

accounting system as may be established by the Authority.

The Authority shall keep available, with an adequate level of detail, information

on the cost accounting systems applied by such undertakings and shall submit this

information to the European Commission on request.

3. Transparency

Undertakings identified as having significant market power pursuant to Regulation

38 shall ensure that the following information in respect of the minimum set of leased

lines referred to in regulation 38 is published in an easily accessible form

3.1. Technical characteristics, including the physical and electrical characteristics

as well as the detailed technical and performance specifications that apply at the network

termination point.

3.2. Tariffs, including the initial connection charges, the periodic rental charges

and other charges. Where tariffs are differentiated, this must be indicated. Where, in

response to a particular request, an organisation identified as having significant market

power pursuant to regulation 38 considers it unreasonable to provide a leased line in

the minimum set under its published tariffs and supply conditions, it must seek the

agreement of the Authority to vary those conditions in that case.

3.3. Supply conditions, including at least the following elements

-

information concerning the ordering procedure,

- the typical delivery period, which is the period, counted from the date

when the user has made a firm request for a leased line, in which 95 % of all

leased lines of the same type have been put through to the customers.

This period will be established on the basis of the actual delivery periods of leased

lines during a recent time interval of reasonable duration. The calculation must not

include cases where late delivery periods were requested by users,

- the contractual period, which includes the period which is in general laid

down in the contract and the minimum contractual period which the user is obliged

to accept,

- the typical repair time, which is the period, counted from the time when

a failure message has been given to the responsible unit within the undertaking

identified as having significant market power pursuant to regulation 38 up to the

moment in which 80 % of all leased lines of the same type have been re-established

and in appropriate cases notified back in operation to the users.

Where different classes of quality of repair are offered for the same type of leased

lines, the different typical repair times shall be published,

-

any refund procedure.

The Authority shall ensure that an undertaking providing the minimum set of

leased lines referred to in regulation 38 complies with the principles set out above.

In addition where the Authority considers that the achieved performance for the

provision of the minimum set of leased lines does not meet users’ needs, it may define

appropriate targets for the supply conditions listed above.

The Authority shall, taking the utmost account of guidelines Market definition

procedure.

and, or recommendations as may from time to time be issued by the

European Commission in accordance with article 15 of the Framework

Directive, define relevant markets appropriate to national circumstances,

in particular relevant geographic markets within Malta according to the

principles of competition law

Provided that in doing so the Authority shall follow the

procedures referred to in article 10 of the Act and regulation 6 of these

regulations before defining markets that differ from those defined in

any relevant recommendation that the European Commission may

publish.

(Regulation 41)

Information to be published in accordance with Regulation 41

(Transparency and publication of information)

The Authority shall ensure that the information in this Schedule is published, in

accordance with regulation 41. The Authority shall decide which information is to be

published by the undertakings providing public telephone networks and, or publicly

available telephone services and which information is to be published by the Authority

itself, so as to ensure that consumers are able to make informed choices.

1. Name(s) and address(es) of undertaking(s), that is the names and head office

addresses of undertakings providing public telephone networks and, or publicly available

telephone services.

2. Publicly available telephone services offered.

2.1. Scope of the publicly available telephone service.

Description of the publicly available telephone services offered,

indicating what is included in the subscription charge and the periodic rental

charge (for example operator services, directories, directory enquiry services,

selective call barring, itemised billing, maintenance, etc.).

2.2. Standard tariffs covering access, all types of usage charges, maintenance,

and including details of standard discounts applied and special and targeted tariff

schemes.

2.3. Compensation and, or refund policy, including specific details of any

compensation and, or refund schemes offered.

2.4. Types of maintenance service offered.

2.5. Standard contract conditions, including any minimum contractual period,

if relevant.

3. Dispute settlement mechanisms including those developed by the undertaking.

4. Information about rights as regards universal service, including the facilities

and services mentioned in Fifth Schedule.

(1) As soon as possible after the Authority defines a relevant Market analysis

procedure.

market, or the European Commission adopts or updates any

recommendation on relevant markets, the Authority shall carry out an

analysis of such a market taking the utmost account of any relevant

guidelines that the European Commission may, in accordance with article

15 of the Framework Directive, issue

Provided that where the Authority considers it appropriate, it

shall carry out such an analysis in collaboration with the competent

authority responsible for competition issues.

(2) Where the Authority is required under regulations 17,

37, 38 or 39 of these regulations or articles 39 and 40 of the Act to

determine whether to impose, maintain, amend or withdraw obligations

on undertakings, it shall determine on the basis of its market analysis

referred to in subregulation (1) of this regulation whether a relevant

market is effectively competitive.

(3) Where the Authority determines that a relevant market

is effectively competitive, it shall not impose or maintain any of the

specific regulatory obligations referred to in subregulation (2) of this

regulation applicable to an undertaking with significant market power

Provided that in cases where an undertaking had previously

been designated as having significant market power and such obligations

already exist, the Authority shall, after giving reasonable notice to any

parties which the Authority considers to be affected by such withdrawal,

withdraw such obligations from the undertaking concerned.

(4) Where the Authority determines that a relevant market

is not effectively competitive, it shall designate undertakings with

significant market power in accordance with regulation 8 of these

regulations and it shall on such undertakings impose appropriate specific

regulatory obligations referred to in subregulation (2) of this regulation

or maintain or amend such obligations where they already exist.

(5) In the case of transnational markets identified in a

decision referred to in article 15(4) of the Framework Directive, the

Authority and any other relevant national regulatory authority concerned

shall jointly conduct the market analysis taking the utmost account of

any relevant guidelines issued by the European Commission in

accordance with article 15 of the Framework Directive, and decide on

any imposition, amendment or withdrawal of specific regulatory

obligations referred to in subregulation (2) of this regulation in a

concerted fashion.

(6) The Authority shall periodically carry out a further

analysis of a relevant market referred to in subregulation (1) of this

regulation, and subregulations (2) to (5) of this regulation shall apply

accordingly.

(7) The Authority shall in undertaking any measures under

this regulation, follow the procedures referred to in article 10 of the Act

and regulation 6 of these regulations.

(Regulations 59, 64 and 67)

Note: The conditions listed in this Schedule provide the maximum list of conditions

which may be attached to general authorisations (Part A), rights of use of radio

frequencies (Part B) and rights of use of numbers (Part C) as referred to in regulations

59, 64 and 67 of these regulations.

Part A. Conditions which may be attached to a general authorisation

1. Financial contributions to the funding of universal service in conformity with

the Universal Service Directive.

2. Administrative charges in accordance with Article 18 of the Act.

3. Interoperability of services and interconnection of networks in conformity

with the Access Directive.

4. Accessibility of numbers from the national numbering plan to end-users

including conditions in conformity with the Universal Service Directive.

5. Environmental and town and country planning requirements, as well as

requirements and conditions linked to the granting of access to or use of public or

private land and conditions linked to co-location and facility sharing in conformity

with the Framework Directive and including, where applicable, any financial or technical

guarantees necessary to ensure the proper execution of infrastructure works.

6. “Must carry” obligations in conformity with the Universal Service Directive.

7. Personal data and privacy protection specific to the electronic communications

sector in conformity with the Directive on Privacy and Electronic Communications.

8. Consumer protection rules specific to the electronic communications sector

including conditions in conformity with the Universal Service Directive.

9. Restrictions in relation to the transmission of illegal content, in accordance

with Directive 2000/31/EC of the European Parliament and of the Council of the 8 th

June, 2000 on certain legal aspects of information society services, in particular

electronic commerce, in the internal market 1 and restrictions in relation to the

OJ L 178, 17.7.2000, p.1.

transmission of harmful content in accordance with Article 2a(2) of Council Directive

89/552/EEC of the 3th October, 1989 on the coordination of certain provisions laid

down by law, regulation or administrative action in Member States concerning the

pursuit of television broadcasting activities 2 .

10. Information to be provided under a notification procedure in accordance

with Article 3(3) of the Authorisation Directive and for other purposes as included in

Article 11 of the said Directive.

11. Enabling of legal interception by competent national authorities in conformity

with the Directive on Privacy and Electronic Communications and Directive 95/46/

EC of the European Parliament and of the Council of the 24 th October, 1995 on the

protection of individuals with regard to the processing of personal data and on the free

movement of such data 3 .

12. Terms of use during major disasters to ensure communications between

emergency services and authorities and broadcasts to the general public.

13. Measures regarding the limitation of exposure of the general public to

electromagnetic fields caused by electronic communications networks in accordance

with European Community law.

14. Access obligations other than those provided for in Article 6(2) of the

Authorisation Directive applying to undertakings providing electronic communications

networks or services, in conformity with the Access Directive.

15. Maintenance of the integrity of public communications networks in

accordance with the Access Directive and the Universal Service Directive including

conditions to prevent electromagnetic interference between electronic communications

networks and, or services in accordance with Council Directive 89/336/EEC of the 3 rd

May, 1989 on the approximation of the laws of the Member States relating to

electromagnetic compatibility 4 .

16. Security of public networks against unauthorised access according to the

Directive on Privacy and Electronic Communications.

17. Conditions for the use of radio frequencies, in conformity with Article 7(2)

of Directive 1999/5/EC of the European Parliament and of the Council of the 9th March

1999 on radio equipment and telecommunications terminal equipment and the mutual

recognition of their conformitiy 5 , where such use is not made subject to the granting of

individual rights of use in accordance with Article 5(1) of the Authorisation Directive.

18. Measures designed to ensure compliance with the standards and/or

specifications referred to in Article 17 of the Framework Directive.

OJ L 298. 17.10.1989, p.23. Directive as amended by Directive 97#36#EC of the European Parliament and of the Council (OJ

l 202, 30.7.1997, p.60).

OJ L 281, 23.11.1995, p.31.

OJ L 139, 23.5.1989, p.19. Directive as last amended by Directive 93#68#EEC (OJ L 220, 30.8.1993,p.1).

OJ L 91, 7.4.1999, p.10

(Regulation 64)

Part B. Conditions which may be attached to rights of use for radio

frequencies

1. Designation of service or type of network or technology for which the rights

of use for the frequency has been granted, including, where applicable, the exclusive

use of a frequency for the transmission of specific content or specific audiovisual

services.

2. Effective and efficient use of frequencies in conformity with the Framework

Directive, including, where appropriate, coverage requirements.

3. Technical and operational conditions necessary for the avoidance of harmful

interference and for the limitation of exposure of the general public to electromagnetic

fields, where such conditions are different from those included in the general

authorisation.

4. Maximum duration in conformity with Article 5 of the Authorisation Directive,

subject to any changes in the national frequency plan.

5. Transfer of rights at the initiative of the right holder and conditions for such

transfer in conformity with the Framework Directive.

6. Usage fees in accordance with Article 13 of the Authorisation Directive.

7. Any commitments which the undertaking, obtaining the usage right, has made

in the course of a competitive or comparative selection procedure.

8. Obligations under relevant international agreements relating to the use of

frequencies.

(Regulation 67)

Part C.

Conditions which may be attached to rights of use for numbers

1. Designation of service for which the number shall be used, including any

requirements linked to the provision of that service.

2. Effective and efficient use of numbers in conformity with the Framework

Directive.

3. Number portability requirements in conformity with the Universal Service

Directive.

4. Obligation to provide public directory subscriber information for the purposes

of Articles 5 and 25 of Universal Service Directive.

5. Maximum duration in conformity with Article 5 of the Authorisation Directive,

subject to any changes in the national numbering plan.

6. Transfer of rights at the initiative of the right holder and conditions for such

transfer in conformity with the Framework Directive.

7. Usage fees in accordance with Article 13 of the Authorisation Directive.

8. Any commitments which the undertaking obtaining the usage right has made

in the course of a competitive or comparative selection procedure.

9. Obligations under relevant international agreements relating to the use of

numbers.

(1) The Authority shall, having regard to its objectives under

article 4 of the Act and its functions under these regulations, encourage

(a) providers of digital interactive television services for

distribution to the public in the Community on digital interactive

television platforms, regardless of the transmission mode, to use

an open application programme interface;

(b) providers of all enhanced digital television equipment

deployed for the reception of digital interactive television services

on interactive digital television platforms to comply with an open

application program interface in accordance with the minimum

requirement of the relevant standards or specifications.

(2) Without prejudice to paragraph (b) of subregulation (1)

of regulation 15 of these regulations, the Authority shall, having regard

to its objectives under article 4 of the Act and its functions under these

regulations, encourage proprietors of application program interfaces to

make available on fair, reasonable and non-discriminatory terms, and

against appropriate remuneration, all such information as is necessary

to enable providers of digital interactive television services to provide

all services supported by the application program interface in a fully

functional form.

(Regulations 59, 64 and 67)

Part A. Administrative charges to be paid on an annual basis

(a)

Public communications networks

Lm 20,000

(b) Publicly available telephone services

Lm 20,000

(c)

Television and radio distribution services

Lm 20,000 plus

Lm 0.15 per subscriber

(d) Other publicly available electronic

communications services

Lm 1,000

(e)

Non-public electronic communications

services

Lm 1,000

(f)

Private electronic communications

networks and, or private electronic

communications services

Lm 100

Furthermore, undertakings providing any of the services under (b), (c), (d) or (e)

above shall also pay to the Authority the following

(i) one and one-half per cent of the first ten (10) million tranche of the total gross

revenue or part thereof,

(ii) one per cent of the second ten (10) million tranche of the total gross revenue

or part thereof, and

(iii) one-half per cent of any remaining gross revenue.

(Regulation 64)

Part B. Usage fees for radio spectrum to be paid on an annual basis

(a) for the first GSM paired 200 kHz channel

in the 900 MHz and, or 1800 MHz bands

Lm 1,500 plus 2.5%

of the total gross revenue

(b) for each additional GSM paired 200 kHz

channel in the 900 MHz and, or 1800 MHz

bands

Lm 1,500

(Regulation 67)

Part C. Usage fees for numbers to be paid on an annual basis

(a) geographic and mobile numbers

Lm 0.15 per individual

number allocated and

Lm 100 per block

of 10,000 numbers

(b) Carrier select/pre-select codes

Lm 1,000 for each code.

(1) In the event of a dispute arising under the Act, these Resolution of cross-

regulations or the Specific Directives between parties in different border disputes.

Member States, where the dispute lies within the competence of the

Authority and national regulatory authorities from other Member State,

the procedure set out in subregulations (2), (3) and (4) of this regulation

shall be applicable.

(2) Any party may refer such a dispute to the Authority or

to the other national authorities concerned. The Authority shall

coordinate with the other national regulatory authorities in order to bring

about a resolution of this dispute in accordance with the objectives set

out in article 8 of the Framework Directive. Where the Authority makes

a determination for the purposes of resolving a dispute under this

regulation, subarticles (5) to (9) of article 24 of the Act shall apply.

(3) The Authority may enter into arrangements with other

national regulatory authorities whereby they may jointly decline to

resolve a dispute where other mechanisms, including mediation, exist

and would better contribute to resolution of the dispute in a timely

manner in accordance with the provisions of article 8 of the Framework

Directive. Such arrangements shall include provision for the Authority

or the other national regulatory authorities to inform the parties without

delay where they agree to jointly decline to resolve the dispute. If after

four months the dispute is not resolved, if the dispute has not been

brought before the courts by the party seeking redress, and if either

party requests it, the Authority shall coordinate with the other national

regulatory authorities in order to bring about a resolution of the dispute

in accordance with article 8 of the Framework Directive.

(4) The procedure referred to in subregulation (2) of this

regulation does not preclude a party from bringing an action before the

courts.

(Regulation 59)

General Authorisation for Electronic Communications networks and, or

services

PART 1

Procedures for Imposition, Maintenance, Amendment or

Withdrawal of Specific Obligations

Specific obligations that may be imposed on authorised undertakings by the

Authority in accordance with these regulations are legally separate from the rights and

obligations set out in Part 2 of this general authorisation.

Such specific obligations shall be imposed in accordance with the criteria and

procedures established in these regulations, and without prejudice to the generality of

the foregoing, in particular

(a) with regard to specific obligations regarding access and interconnection,

- article 13 of the Act and regulation 15 of these regulations on the

functions of the Authority with regard to access and interconnection<

- regulation 16 of these regulations on conditional access systems and

other facilities<

- regulation 17 of these regulations on the imposition, amendment or

withdrawal of obligations related to access and, or interconnection< and

- article 39 of the Act on review of former obligations for access and

interconnection<

(b) with regard to specific obligations regarding retail services, in

-

article 40 of the Act on continuation of certain existing obligations<

- regulation 37 of these regulations on controls related to retail markets<

- regulation 38 of these regulations on the minimum set of leased

lines< and

- regulation 39 of these regulations on carrier selection and carrier

pre-selection<

(c)

with regard to specific obligations regarding universal service

- those obligations imposed on undertakings designated under

regulation 30 of these regulations.

PART 2

Rights and conditions applicable to authorised undertakings

Section A - Rights of authorised undertakings

1. An authorised undertaking is entitled to

1.1. provide the electronic communications networks and, or services as

described in a notification made in accordance with regulation 55 ;

1.2. have its application for the necessary rights of use of radio frequencies

and, or numbers considered in accordance with regulation 58 ;

1.3. request the Authority to issue a standardised declaration to facilitate the

exercise of rights to install facilities and rights of interconnection in accordance

with regulation 56;

1.4. have its application for the necessary rights to install facilities considered

in accordance with the relevant legislation in particular the Utilities and Services

(Regulation of Certain Works) Act, in accordance with regulation 58;

1.5. refer a dispute to the Authority in accordance with regulation 12 of these

regulations, or article 24 of the Act as the case may be.

2. Additional rights to which an authorised provider of publicly available

electronic communications and, or services is entitled.

2.1. An undertaking authorised to provide publicly available electronic

communications networks and, or services is, in addition to the rights listed under

paragraph 1 above, entitled to

2.1.1. in accordance with regulation 58, under the conditions of and in

accordance with Part III of these regulations, negotiate interconnection with

and where applicable obtain access to or interconnection from another

undertaking deemed to be authorised in Malta or in another Member State to

provide a publicly available electronic communications network and, or

service<

2.1.2. in accordance with regulation 58 be given an opportunity by the

Authority to be designated under regulation 30 of these regulations to carry

out universal service obligations referred to in that regulation.

Section B – Conditions applicable to authorised undertakings

1. Scope of authorisation

1.1. An authorised undertaking is entitled to provide the electronic

communications network and, or services as described in a notification made in

its name in accordance with regulation 55.

2. No special or exclusive rights

2.1. This General Authorisation shall not be construed as granting any special

or exclusive right to any person in relation to the provision of electronic

communications networks and, or services.

3. Applicability of laws, decisions of the Authority, etc.

3.1. The Act, all national laws and regulations, and decisions of the Authority,

and applicable Community Law, shall form an integral part of this authorisation

except in those cases where the undertaking is specifically exempted by the

Authority;

3.2. An authorised undertaking shall comply with the terms and conditions

of this authorisation, as well as any applicable obligations or requirements, however

described, emanating from the laws and decisions mentioned in paragraph 3.1.

above;

3.3. Nothing in this authorisation shall exempt any person from the obligation

to diligently obtain at his own expense any permit, licence or other approval or

authorisation however so described, that may be necessary to construct, operate

and maintain the services or any part thereof, or from the obligation of complying

with any condition of any such permit, licence or other approval or authorisation.

4. Amendment of rights and obligations

4.1. The Authority may amend this Authorisation in objectively justified

cases and in a proportionate manner, in accordance with the provisions of the Act.

The authorised undertaking and all other interested parties, including users and

consumers, will be given notice of the Authority’s intention to amend the General

Authorisation, and shall be afforded the opportunity to make representations on

the proposed amendments in accordance with article 19 of the Act.

5. Administrative charges

5.1. The authorised undertaking shall pay to the Authority any charges due

in accordance with the Act.

6. Legal interception

6.1. The authorised undertaking shall comply with all requirements related

to legal interception as may be established under the Act.

7. Transfer of general authorisation

7.1. Any right, interest or entitlement resulting from this Authorisation is not

transferable and may only be exercised by the person identified in a notification

made to the Authority in accordance with regulation 55 in so far as they apply to

the electronic communications network and, or services described in that

notification.

8. Provision of information

8.1. The authorised undertaking shall comply with any request for information

that the Authority may from time to time make, in accordance with the Act or the

Malta Communications Authority Act, in the form and at the time specified by

the Authority.

9. Dispute resolution

9.1. The authorised undertaking shall follow the procedures established under

the Act or by the Authority in order to resolve disputes in a fair, transparent and

timely manner and shall comply with all requirements or decisions in relation to

disputes, made by the Authority in accordance with the Act.

10. Annual report

10.1. The authorised undertaking shall submit to the Authority a copy of any

existing company annual report for each financial year

Provided that, this condition shall not apply to undertakings providing private

electronic communications networks and, or private electronic communications

services.

11. Major disasters

11.1. The authorised undertaking shall comply with any decisions and, or

directives issued by the Authority and make arrangements for the provision or

rapid restoration of such communication services as are practicable and may

reasonably be required by the Authority in the event of, or during a major disaster

in order to ensure communications between emergency services and the competent

authorities and broadcasts to the general public

Provided that for the purposes of this condition, “major disaster” includes

any major incident having a significant effect on the general public;

12. Standards and specified interfaces

12.1. The authorised undertaking shall comply with any relevant compulsory

standards as may be established from time to time, for the provision of services,

technical interfaces and, or network functions. Where no compulsory standards

have been issued the authorised undertaking shall give due regard to any notices

or guidelines that the Authority may issue with respect to standards as well as any

relevant voluntary standards that may be adopted by internationally recognised

standardisation bodies.

13. Integrity of the network, electro-magnetic radiation and harmful

interference

13.1. The authorised undertaking shall take all necessary measures to ensure

that the network does not cause harmful interference with the lawful use or

operation of any electronic communications network and, or services;

13.2. The authorised undertaking shall comply with any radiation emission

standards adopted and published by the International Commission for Non-Ionising

Radiation Protection (ICNIRP) or any other appropriate standards as may be

specified by law or by the Authority;

13.3. The undertaking shall comply with any decisions issued by the Authority

in relation to electromagnetic radiation and harmful interference and ensure that

the network and all services at all times comply with the technical and performance

standards generally accepted by the industry or as may be prescribed by the

Authority or accepted by the Authority as being adequate to ensure the limitation

of exposure of the general public to electromagnetic fields.

Section C – Conditions applicable to Television and, or Radio Distribution

Services

In addition to the general conditions stipulated in Part 2, Section B of this Schedule,

authorised undertakings providing television and, or radio distribution services shall

also comply with the following conditions

1. Broadcasting Rules

1.1. An authorised undertaking shall comply with any broadcasting and radio

content regulations and authorisation requirements as appropriate.

2. “Must Carry” Rules

2.1. An authorised undertaking shall distribute those terrestrial television

broadcasting services and comply with any broadcasting obligations as may be

established by the Minister or by the Authority after consultation with the

Broadcasting Authority.

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

(1) The Authority shall define the technical and operational

requirements necessary to enable legal interception of electronic

communications by the competent authorities in accordance with any

law allowing and regulating such legal interception

Provided that in doing so the Authority shall give reasons for

the technical and operational requirements it defines and shall seek to

ensure that any expenses that undertakings may have to incur in order

to meet any requirements it establishes are reasonable and justified.

(2) An undertaking shall, at its expense, comply with such

requirements as may be defined by the Authority under subregulation

(1) of this regulation

Provided that the Authority may introduce a mechanism for

the sharing of the cost of interception obligations where the Authority

considers this to be appropriate.

(3) A cost sharing mechanism and any associated fund

established under subregulation (2) of this regulation may be

administered directly by the Authority or a body independent from the

contributors and beneficiaries, under the supervision of the Authority

Provided that any cost sharing mechanism based on a fund

shall respect the principles of transparency, non-discrimination and

proportionality.

(4) Undertakings which are required to contribute to any

fund established under subregulation (2) of this regulation shall do so

in accordance with any cost sharing mechanism as may be established

by the Authority.

The Authority may request undertakings to prepare a code

of practice that includes the minimum standards of service provided to

end-users and gives guidance to the employees of such undertakings in

their dealings with end-users.

PART III

Access and Interconnection – rights and obligations

(1) Without prejudice to any measures that may be taken

in accordance with regulation 17 of these regulations regarding

undertakings with significant market power, the Authority may impose

(a) to the extent that is necessary to ensure end-to-end

connectivity, obligations on undertakings that control access to

end-users including, in justified cases, the obligation to interconnect

their networks where this is not already the case;

(b) to the extent that is necessary to ensure accessibility for

end-users to digital radio and television broadcasting services Functions of the

specified by the Authority, obligations on operators to provide Authority

regard to access and

access to the facilities referred to in Part B of the Third Schedule interconnection.

to these regulations, on fair, reasonable and non-discriminatory

terms.

(2) The Authority, when imposing obligations on an

operator in accordance with regulation 21 of these regulations, may lay

down technical or operational conditions to be met by the provider,

beneficiaries or both the provider and beneficiaries of such access in

accordance with European Community law, where necessary, to ensure

normal operation of the network. Conditions that refer to implementation

of specific technical standards or specifications shall respect article 17

of the Framework Directive.

(3) Any obligations and conditions imposed by the Authority

in accordance with this regulation shall be objective, transparent,

proportionate and non-discriminatory, and shall be implemented in

accordance with the procedures established under article 10 of the Act

and regulation 6 of these regulations.

(4) With regard to access and interconnection, the Authority

may intervene of its own initiative where justified or, in the absence of

agreement between undertakings, at the request of either of the parties

involved, in order to secure the policy objectives established under article

4 of the Act, in accordance with the procedures established in articles

10 and 24 of the Act and regulations 6 and 12 of these regulations.

(1) In relation to conditional access to digital television and Conditional access

radio services broadcast to viewers and listeners in the Community, systems

facilities.

irrespective of the means of transmission, the conditions laid down in

Part A of the Third Schedule to these regulations shall apply.

(2) Where, as a result of a market analysis conducted under

regulation 10 of these regulations, the Authority finds that one or more

operators of conditional access systems do not have significant market

power in the relevant market, it may amend or withdraw the conditions

with respect to those operators, in accordance with the procedures

referred to in article 10 of the Act and regulation 6 of these regulations,

only to the extent that

(a) accessibility for end-users to radio and television

broadcasts and broadcasting channels and services specified in

accordance with subregulation (1) of regulation 51 of these

regulations would not be adversely affected by such amendment

or withdrawal, and

(b) the prospects for effective competition in the markets

for

(i) retail digital television and radio broadcasting

services, and

(ii) conditional access systems and other associated

facilities,

would not be adversely affected by such amendment or

withdrawal.

(3) An appropriate period of notice shall be given to parties

affected by such amendment or withdrawal of conditions.

(4) Conditions applied in accordance with this regulation

are without prejudice to any obligations that may be imposed in relation

to the presentational aspect of electronic programme guides and similar

listing and navigation facilities.

(1) The Authority shall impose the obligations

identified in regulations 18 to 22 of these regulations, as appropriate,

on any operator designated as having significant market power in a

specific market as a result of a market analysis carried out in accordance

with these regulations.

(2) Unless otherwise provided in the Act or these

regulations, and without prejudice to the need to comply with

international commitments, the Authority shall not impose any of the

obligations set out in regulations 18 to 22 of these regulations on

operators who have not been designated in accordance with

subregulation (1) of this regulation

Provided that where, for the purpose of complying with

international commitments, the Authority imposes, amends or withdraws

obligations on operators which have not been designated as having

significant market power in a specific market, it shall give notice to the

Commission in accordance with the procedure set out in regulation 6 of

these regulations.

(3) Where in exceptional circumstances the Authority intends to

impose on operators with significant market power obligations for access

or interconnection other than those set out in regulations 18 to 22 of

these regulations, the Authority shall submit to the European

Commission a request for permission to impose such other obligations.

The Authority shall not impose such other obligations pending the

decision of the European Commission to authorise or prevent the

Authority from taking such measures.

(4) Any obligations imposed in accordance with this

regulation shall

(a)

be based on the nature of the problem identified;

(b) be proportionate and justified in the light of the

objectives laid down in article 4 of the Act; and

(c) only be imposed following consultation in accordance

with article 10 of the Act and regulation 6 of these regulations.

(1) The Authority may, in accordance with the provisions Obligation of

of regulation 17 of these regulations, impose obligations for transparency Transparency.

in relation to interconnection and, or access, requiring operators to make

public specified information, such as accounting information, technical

specifications, network characteristics, terms and conditions for supply

and use, and prices.

(2) The Authority may, in particular where an operator has

obligations of non-discrimination, require that operator to publish a

reference offer, which shall be sufficiently unbundled to ensure that

undertakings are not required to pay for facilities which are not necessary

for the services requested, giving a description of the relevant offerings

broken down into components according to market needs, and the

associated terms and conditions including prices. The Authority shall,

furthermore, be able to impose changes to reference offers to give effect

to the obligations imposed under the Act and under these regulations.

(3) The Authority may specify the precise information to

be made available, the level of detail required and the manner of

publication.

(4) Notwithstanding subregulation (3) of this regulation,

where an operator has obligations under regulation 21 of these

regulations concerning unbundled access to the twisted metallic pair

local loop, the Authority shall ensure the publication of a reference offer

containing at least the elements set out in the Fourth Schedule to these

regulations.

(1) The Authority may, in accordance with the provisions

of regulation 17 of these regulations, impose obligations of non-

discrimination, in relation to interconnection and, or access.

(2) Obligations of non-discrimination shall ensure, in

particular, that the operator

(a) applies equivalent conditions in equivalent

circumstances to other undertakings providing equivalent services,

and

(b) provides services and information to others under the

same conditions and of the same quality as it provides for its own

services, or those of its subsidiaries or partners.

(1) The Authority may, in accordance with the provisions

of regulation 17 of these regulations, impose obligations for accounting

separation in relation to specified activities related to interconnection

and, or access.

(2) Without prejudice to the generality of subregulation

(1) of this regulation, the Authority may require a vertically integrated

company to make transparent its wholesale prices and its internal transfer

prices, especially to ensure compliance where there is a requirement

for non-discrimination under regulation 19 of these regulations or, where

necessary, to prevent unfair cross-subsidy and, where it does so the

Authority may specify the format and accounting methodology to be

used.

(3) Without prejudice to the provisions of subarticles (10)

to (14) of article 4 of the Malta Communications Authority Act, in order

to facilitate the verification of compliance with obligations of

transparency and non-discrimination, the Authority may require that

accounting records, including data on revenues received from third

parties, are provided on request.

(4) Subject to the protection of the confidentiality of any

information which the Authority considers confidential, the Authority

may publish any information obtained by it under subregulation (3) of

this regulation to the extent that the Authority considers that such

information would contribute to an open and competitive market.

(1) The Authority may, in accordance with the provisions Obligations of

of regulation 17 of these regulations, impose obligations on operators access

of, specific network

to meet reasonable requests for access to, and use of, specific network facilities.

elements and associated facilities, in particular, in situations where the

Authority considers that denial of access or unreasonable terms and

conditions having a similar effect would hinder the emergence of a

sustainable competitive market at the retail level, or would not be in the

end-user’s interest.

(2) Operators may be required inter alia

(a) to give third parties access to specified network elements

and, or facilities, including unbundled access to the local loop;

(b) to negotiate in good faith with undertakings requesting

access;

(c)

not to withdraw access to facilities already granted;

(d) to provide specified services on a wholesale basis for

resale by third parties;

(e) to grant open access to technical interfaces, protocols

or other key technologies that are indispensable for the

interoperability of services or virtual network services;

(f) to provide co-location or other forms of facility sharing,

including duct, building or mast sharing;

(g) to provide specified services needed to ensure

interoperability of end-to-end services to users, including facilities

for intelligent network services or roaming on mobile networks;

(h) to provide access to operational support systems or

similar software systems necessary to ensure fair competition in

the provision of services;

(i)

to interconnect networks or network facilities.

(3) The Authority may attach to any obligations imposed

under subregulations (1) and (2) of this regulation, conditions covering

fairness, reasonableness and timeliness.

(4) When considering whether to impose the obligations

referred to in subregulations (1) and (2) of this regulation, and in

particular when assessing whether such obligations would be

proportionate to the objectives set out in article 4 of the Act, the Authority

shall in particular take into account the following factors

(a) the technical and economic viability of using or installing

competing facilities, in the light of the rate of market development,

taking into account the nature and type of interconnection and

access involved;

(b) the feasibility of providing the access proposed, in

relation to the capacity available;

(c) the initial investment by the facility owner, bearing in

mind the risks involved in making the investment;

(d) the need to safeguard competition in the long term;

(e) where appropriate, any relevant intellectual property

rights; and

(f)

the provision of pan-European services.

(1) The Authority may, in accordance with the provisions

of regulation 17 of these regulations, impose obligations relating to

cost recovery and price controls, including obligations for cost

orientation of prices and obligations concerning cost accounting systems,

for the provision of specific types of interconnection and, or access, in

situations where a market analysis indicates that a lack of effective

competition means that the operator concerned might sustain prices at

an excessively high level, or apply a price squeeze, to the detriment of

end-users

Provided that the Authority shall, when considering the

imposition of obligations under this subregulation, take into account

the investment made by the operator in electronic communications

networks or services or associated facilities which the Authority

considers relevant and allow the operator a reasonable rate of return on

adequate capital employed, taking into account the risks involved.

(2) The Authority shall ensure that any cost recovery

mechanism or pricing methodology that is mandated serves to promote

efficiency and sustainable competition and maximise consumer benefits.

In this regard the Authority may also take account of prices available in

comparable competitive markets.

(3) Where an operator has an obligation regarding the cost

orientation of its prices, the burden of proof that charges are derived

from costs, including a reasonable rate of return on investment, shall lie

with the operator concerned. For the purpose of calculating the cost of

efficient provision of services, the Authority may use cost accounting

methods independent of those used by the operator. The Authority may

require an operator to provide full justification for its prices, and may,

where appropriate, require prices to be adjusted.

(4) The Authority shall ensure that, where implementation

of a cost accounting system is mandated in order to support price

controls, a description of the cost accounting system is made publicly

available, showing at least the main categories under which costs are

grouped and the rules used for the allocation of costs.

(5) Compliance with the cost accounting system shall, at

the choice of the Authority, be verified by the Authority, or by a suitably

qualified independent body approved by the Authority.

(6) The Authority shall cause to be published annually a

statement concerning compliance with any cost accounting system

imposed under this regulation.

(1) The Authority shall cause to be published, in any manner Publication of, and

it considers appropriate, a notice of the imposition, amendment or access

information.

revocation of obligations related to access and interconnection under

these regulations and such notice shall include information on where

copies of a statement of the obligations can be obtained.

(2) The Authority shall, in the notice referred to in

subregulation (1) of this regulation, ensure that the specific product,

service and geographical markets to which obligations relate are

identified.

(3) The Authority shall, ensure that up-to-date information,

provided that the information is not confidential and, in particular, does

not comprise sensitive commercial information, is made publicly

available in a manner that guarantees all interested parties easy access

to that information.

(4) The Authority shall send to the European Commission

a copy of any information published in accordance with this regulation.

(1) The Authority shall notify the European Commission

of the names of operators designated as having significant market power

for the purpose of these regulations and the obligations imposed upon

them under these regulations.

(2) The Authority shall notify the European Commission

of

(i) any changes affecting the obligations imposed upon

undertakings by or under these regulations; and

(ii) any changes of the undertakings affected by or under,

these regulations

as soon as is practicable after any such change.

PART IV

Universal service and users’ rights

(1) The Authority shall ensure that the services set out in

this Part are made available at the quality specified to all end-users in

Malta, independently of geographical location, and, in the light of

specific national conditions, at an affordable price.

(2) The Authority shall determine the most efficient and

appropriate approach for ensuring the implementation of universal

service, whilst respecting the principles of objectivity, transparency,

non-discrimination and proportionality.

(3) The Authority shall seek to minimise market distortions,

in particular the provision of services at prices, or subject to other terms

and conditions, that depart from normal commercial conditions, whilst

safeguarding the public interest.

(4) For the purposes of this Part “designated undertaking”

means an undertaking designated in accordance with regulation 30 of

these regulations.

(1) A designated undertaking shall satisfy any reasonable Provision

at a fixed location.

requests to provide at a fixed location -

(a)

connections to the public telephone network, and

(b) access to publicly available telephone services.

(2) Any connection provided by a designated undertaking

shall be capable of allowing end-users to make and receive -

(a)

local and international calls,

(b) facsimile communications, and

(c) data communications, at data rates that are sufficient to

permit functional Internet access,

taking into account prevailing technologies used by the majority

of subscribers, and technological feasibility.

(3) Where a designated undertaking denies any reasonable

request made under subregulation (1) of this regulation, it shall inform

the person making the request of his right to pursue the dispute resolution

procedures in accordance with article 25 of the Act.

(4) The Authority may for the purposes of the services

referred to in this regulation, specify requirements to be complied with

by a designated undertaking in relation to –

(a) functional Internet access, having regard to prevailing

technologies used by the majority of subscribers and to

technological feasibility,

(b) the reasonableness of requests for connection at a fixed

location to the public telephone network and for access to publicly

available telephone services at a fixed location pursuant to

subregulation (1) of this regulation,

(c) the provision of operator assistance for the purpose of

handling calls to the emergency services using the single European

emergency call number “112” or any national emergency call

number that may be specified by the Authority, and

(d) the terms and conditions upon which connection and

access referred to in subregulation (1) of this regulation shall be

provided.

(1) A designated undertaking shall ensure, based on data

provided to it in accordance with subregulation (3) of this regulation

(a) that a comprehensive directory of subscribers is made

available to all end-users in a form approved by the Authority,

whether printed or electronic or both as the Authority may

determine, and is updated at least once in each year, and

(b) that a comprehensive telephone directory enquiry service

is made available to all end-users, including users of public pay

telephones.

(2) A directory or directory enquiry services referred to in

subregulation (1) of this regulation, shall comprise, subject to the relevant

data protection laws, all subscribers of publicly available telephone

services in Malta including those with fixed, mobile and personal

numbers.

(3) A designated undertaking shall, subject to the relevant

data protection laws keep a record of all subscribers of publicly available

telephone services in Malta, including those with fixed, personal and

mobile numbers and allow access to any information contained in such

record to any other such undertaking or any person in accordance with

such terms and conditions as may be specified by it and approved by

the Authority.

(4) A designated undertaking shall for the purposes of this

regulation apply the principle of non-discrimination to the treatment of

information that has been provided to it by other undertakings or which

it has in its possession or under its control.

(1) A designated undertaking shall ensure that public pay

telephones are provided to meet the reasonable needs of end-users in

terms of the geographical coverage, the number of telephones, the

accessibility of such telephones to disabled users and the quality of

services.

(2) The Authority may specify terms and conditions

applicable to the provision of public pay telephones, for the purpose of

ensuring that the requirements specified in subregulation (1) of this

regulation are met.

(3) Where the Authority determines, after consultation

carried out in accordance with article 10 of the Act, that there exists a

sufficient number of public pay telephones in any geographic area to

satisfy the reasonable needs for such services in that area, taking into

account the population density in such geographic area and the state of

development of the communications market in that area, the Authority

may decide not to designate an undertaking under regulation 30 of these

regulations for the purposes of subregulation (1) of this regulation in

relation to that area or to a specified part of that area, as the case may

be.

(4) An undertaking providing public pay telephones shall

ensure that it is possible to make emergency calls from a public pay

telephone using the single European emergency call number “112” and

any national emergency call number that may be specified by the

Authority in each case free of charge and without the necessity to use

coins or cards or any other means of payment.

(5) Any undertaking providing public pay telephones shall

ensure that the users of those telephones have access to a directory

enquiry service referred to in regulation 27 of these regulations.

(1) The Authority may specify obligations applicable to Specific measures

for disabled users.

designated undertakings, designated for the purpose of ensuring that

disabled end-users can enjoy access to and affordability of publicly

available telephone services, including access to emergency services,

directory enquiry services and directories, equivalent to that enjoyed

by other end-users.

(2) The Authority may specify the terms and conditions to

be complied with by designated undertakings for the purpose of ensuring

that disabled end-users can take advantage of the choice of undertakings

and service providers available to the majority of end-users.

(1) The Authority may designate one or more undertakings Designation of

for such period as it may specify, to comply with obligations referred to Undertakings.

in regulations 26, 27, 28 and 29 and where applicable subregulation (2)

of regulation 31 of these regulations so that the whole of the national

territory can be covered.

(2) The Authority may designate different undertakings or

sets of undertakings to provide different elements of universal service

and, or to cover different parts of the national territory.

(3) In designating an undertaking under subregulation (1)

of this regulation, the Authority shall adopt an efficient, objective,

transparent and non-discriminatory designation mechanism whereby

no undertaking is a priori excluded from being designated. The

designation methods adopted shall ensure that the obligations referred

to in subregulation (1) of this regulation are provided in a cost effective

manner and may be used as a means of determining the net cost of the

universal service obligation in accordance with regulation 34 of these

regulations.

(1) The Authority shall monitor the evolution and level of

retail tariffs of the services identified in regulations 26, 27, 28 and 29 of

these regulations and provided by designated undertakings, in particular

in relation to national consumer prices and income.

(2) The Authority may, in the light of national conditions,

specify requirements to be complied with by a designated undertaking

for the purpose of ensuring that such undertaking provides tariff options

or packages to consumers which depart from those provided under

normal commercial conditions, in particular to ensure that those on low

incomes or on special social needs are not prevented from accessing or

using the publicly available telephone service.

(3) The conditions of any scheme to provide special tariff

options, common tariffs, including geographical averaging, shall be fully

transparent and shall be published and applied in accordance with the

principle of non-discrimination. The Authority may take any action it

considers necessary to ensure that such schemes comply with this

subregulation, and to this effect it may require the modification and, or

withdrawal of the said schemes.

(1) A designated undertaking shall, where it provides

facilities and services additional to those referred to in regulations 26,

27, 28, 29 and subregulation (2) of regulation 31 of these regulations

establish terms and conditions for the provision of such additional

facilities and services in such a way that the subscriber is not obliged to

pay for facilities or services which are not necessary or not required for

the service requested.

(2) A designated undertaking shall, for the purpose of

ensuring that subscribers can monitor and control expenditure and avoid

unwarranted disconnection of service, provide the specific facilities and

services set out in Part A of the Fifth Schedule to these regulations

Provided that the Authority may waive any requirement

imposed under subregulation (2) of this regulation to all or any part of

Malta, if it is satisfied that the relevant facility or service is widely

available.

(1) A designated undertaking with an obligation under

Quality of service of

regulations 26, 27, 28, 29 and subregulation (2) of regulation 31 of

these regulations, as applicable, shall publish adequate and up-to-date

information concerning its performance in relation to the provision of

universal service obligations, based on the quality of service parameters,

definitions and measurement methods set out in the Sixth Schedule to

these regulations and shall supply such published information to the

Authority.

(2) The Authority may specify, inter alia, additional quality

of service standards, where relevant parameters have been developed,

to assess the performance of undertakings in the provision of services

to disabled end-users and disabled consumers. A designated undertaking

shall publish and make available to the Authority information concerning

its performance in relation to the parameters.

(3) The Authority may, in addition, specify the regularity,

content, form and manner of information to be published pursuant to

this regulation for the purpose of ensuring that end-users and consumers

have access to comprehensive and , comparable user-friendly

information.

(4) The Authority may set performance targets for those

undertakings with universal service obligations. In so doing it shall

have regard to any views expressed by interested parties in particular

pursuant to the public consultation as set out in regulation 52 of these

regulations.

(5) The Authority may arrange, or require an undertaking

to which this regulation refers to arrange, an independent audit or review

paid for by the undertaking concerned, of the performance data supplied

by that undertaking to ensure the accuracy and compatibility of that

data with universal service obligations.

(6) In case of failure by the undertaking to meet the

performance targets as may be established under this regulation, the

Authority may issue directives to the undertaking for the purpose of

ensuring compliance by the undertaking with the performance targets

concerned.

(1) Where an undertaking designated as having an Costing of universal

obligation under regulations 26, 27, 28, 29, 31 and 32 of these regulations service obligations.

seeks to receive funding for the net costs of meeting the obligation

concerned, it may submit to the Authority a written request for such

funding.

(2) A request under subregulation (1) of this regulation shall

be accompanied by such supporting information as the Authority may

consider to be necessary to enable it to make a determination under

subregulation (3) of this regulation.

(3) The Authority shall, on the basis of information provided

pursuant to subregulation (2) of this regulation, determine whether an

obligation referred to in subregulation (1) of this regulation may

represent an unfair burden on the undertaking concerned.

(4) Where the Authority determines that an obligation

referred to in subregulation (1) of this regulation may represent an unfair

burden it shall calculate the net costs of its provision, based on -

(a) the net costs, taking into account any market benefit

which accrues to the undertaking, calculated in accordance with

Part A of the Seventh Schedule to these regulations; or

(b) where applicable, the net costs identified by a

designation method in accordance with subregulation (3) of

regulation 30 of these regulations.

(5) A designated undertaking referred to in subregulation

(1) of this regulation shall provide such information as is reasonably

required by the Authority for the purposes of subregulation (4) of this

regulation.

(6) Where the Authority determines that an obligation

referred to in subregulation (1) of this regulation may not represent an

unfair burden, it shall notify the undertaking concerned of that

determination, together with the reasons for the determination.

(7) The accuracy of the accounts and, or other information

serving as the basis for the calculation of the net cost of universal service

obligations under paragraph (a) of subregulation (4) of this regulation

shall be audited or verified by the Authority or a body independent of

the relevant parties, which body must be approved by the Authority.

The results of the cost calculation and the conclusions of the audit shall

be publicly available.

(1) Where the Authority, on the basis of the net cost

calculation referred to in regulation 34 of these regulations, finds that

an undertaking is subject to an unfair burden, the Authority shall

(a) introduce a mechanism to compensate that undertaking

for the determined net costs under transparent conditions from

public funds; and, or

(b) share the net cost of universal service obligations

between providers of electronic communications networks and

services

Provided that a mechanism under paragraph (a) of this

subregulation may only be established with the approval of the

Minister granted with the concurrence of the Minister responsible

for finance.

(2) Where the net cost is shared under paragraph (b) of

subregulation (1) of this regulation, the Authority or a body independent

from the beneficiaries and under the supervision of the Authority, shall

establish and administer a sharing mechanism.

(3) Only the net cost, as determined in accordance with

regulation 34 of these regulations, of the obligations provided for in

regulations 26, 27, 28, 29, 31 and 32 of these regulations, may be

financed.

(4) A sharing mechanism established in accordance with

this regulation shall respect the principles of transparency, least market

distortion, non-discrimination and proportionality, in accordance with

the principles of Part B of the Seventh Schedule to these regulations.

The Authority may decide not to require contributions from undertakings

whose national turnover is less than such amount as may, from time to

time, be specified by the Authority.

(5) Any charges related to the sharing of the cost of universal

service obligations shall be unbundled and identified separately for each

undertaking

Provided that the Authority shall not impose any such charges

on undertakings that are not providing services in Malta.

(6) The Authority shall notify each undertaking required to

share the cost of a universal service obligation of its obligation to

contribute to such cost, including the amount, manner and timing of

payments to be made.

(7) An undertaking which has been notified of its obligation

to contribute an amount specified by the Authority, shall pay that amount

in the time and manner specified by the Authority.

(1) Where a mechanism for sharing the net cost of universal Transparency.

service obligations as referred to in regulation 35 of these regulations is

established, the Authority shall ensure that the principles for cost sharing,

and details of the mechanism used, are publicly available.

(2) Subject to the relevant Community and national laws

regulating commercial confidentiality, the Authority shall ensure that

an annual report is published giving the calculated net cost of universal

service obligations, identifying the contributions made by the

undertakings involved, and identifying any market benefits that may

have accrued to the undertakings designated to provide universal service,

where a fund is actually in place and working.

(1) Where:-

(a) the Authority determines as a result of a market analysis

carried out in accordance with regulation 10 of these regulations,

that a given retail market identified in accordance with regulation

9 of these regulations is not effectively competitive, and

(b) the Authority concludes that obligations imposed under

Part III or regulation 39 of these regulations, would not result in

the achievement of the objectives set out in article 4 of the Act,

the Authority shall impose such obligations as it considers

appropriate to achieve those objectives on undertakings identified

by the Authority as having significant market power in that retail

market.

(2) Obligations imposed under subregulation (1) of this

regulation shall be based on the nature of the problem identified and be

proportionate and justified in the light of the objectives laid down in

article 4 of the Act, and may include requirements to ensure that the

undertaking concerned does not

(a)

charge excessive prices,

(b) inhibit market entry or restrict competition by setting

predatory prices,

(c)

show undue preference to specific end-users, or

(d) unreasonably bundle services.

(3) The Authority may impose on such undertakings –

(a)

appropriate retail price cap measures,

(b) measures to control individual tariffs, or

(c) measures to orient tariffs towards costs or prices on

comparable markets,

in order to protect end-user interests whilst promoting effective

competition.

(4) The Authority shall, on request, submit information to

the European Commission concerning the retail controls applied and,

where appropriate, the cost accounting systems used by the undertakings

concerned.

(5) An undertaking that is subject to retail tariff regulation

or other relevant retail control, shall operate and maintain a cost

accounting system including related regulatory accounts, that are -

(a)

based on generally accepted accounting practices,

(b) suitable for ensuring compliance with this regulation,

and

(c)

capable of verification by the Authority.

(6) The Authority may specify the format and accounting

methodology to be used by an undertaking to which subregulation (5)

of this regulation applies.

(7) Compliance by an undertaking with a cost accounting

system, including related regulatory accounts, referred to in this

regulation shall be verified by a qualified independent body approved

by the Authority. For this purpose, the Authority may carry out an audit

itself, or it may require an audit to be carried out by a qualified body,

independent of the undertaking concerned.

(8) An undertaking to which subregulation (5) of this

regulation applies shall publish in its annual accounts a statement

concerning compliance by it with a cost accounting system referred to

in subregulation (5) of this regulation.

(9) Without prejudice to subregulation (2) of regulation 31

and regulation 32 of these regulations, the Authority shall not apply

retail control mechanisms under this regulation to geographical or user

markets where it is satisfied that there is effective competition.

(1) Where the Authority determines, as a result of the market Regulatory controls

on the minimum set

analysis carried out in accordance with regulation 10 of these regulations, of leased lines.

that the market for the provision of part or all of the minimum set of

leased lines is not effectively competitive, the Authority shall identify

undertakings with significant market power in the provision of those

specific elements of the minimum set of leased lines services in all or

part of the national territory in accordance with regulation 8 of these

regulations. The Authority shall impose obligations regarding the

provision of the minimum set of leased lines, as identified in the list of

standards published in the Official Journal of the European Communities

pursuant to article 17 of the Framework Directive, and the conditions

for such provision set out in the Eighth Schedule to these regulations,

on such undertakings in relation to those specific leased line markets.

(2) Where as a result of the market analysis referred to in

subregulation (1) of this regulation, the Authority determines that a

relevant market for the provision of leased lines in the minimum set is

effectively competitive, it shall withdraw the obligations referred to in

subregulation (1) of this regulation in relation to that specific leased

line market.

(1) Where the Authority determines, as a result of a market

analysis carried out by it in accordance with regulation 10 of these

regulations that a relevant market consisting of the provision of

connection to and use of the public telephone network at a fixed location

is not effectively competitive, the Authority shall impose obligations to

be complied with by an undertaking designated as having significant

market power in such relevant market for the purpose of enabling

subscribers of such an undertaking to access the services of any

interconnected provider of publicly available telephone services –

(a) on a call-by-call basis by dialling a carrier selection code;

and

(b) by means of pre-selection, with a facility to override

any pre-selected choice on a call-by-call basis by dialling a carrier

selection code.

(2) The Authority may, pursuant to a market analysis in

accordance with regulation 10 of these regulations determine that user

requirements for the facilities referred to in subregulation (1)(a) and (b)

of this regulation shall be implemented on other networks or in other

ways and any such determination shall be implemented in accordance

with these regulations.

(3) The Authority shall ensure that pricing for access and

interconnection related to the provision of the facilities in subregulation

(1) of this regulation is cost oriented and that direct charges to

subscribers, if any, do not act as a disincentive for the use of these

facilities.

In accordance with the provisions of article 22 of the Act an Contracts.

undertaking providing connection and, or access to the public telephone

network shall provide its subscribers with a written contract that specifies

at least

(a)

the identity and address of the supplier;

(b) services provided, the service quality levels offered, as

well as the time for the initial connection;

(c)

the types of maintenance service offered;

(d) particulars of prices and tariffs and the means by which

up-to-date information on all applicable tariffs and maintenance

charges may be obtained;

(e) the duration of the contract, the conditions for its renewal

and termination of services and of the contract;

(f) any compensation and the refund arrangements which

apply if contracted service quality levels are not met; and

(g) the method of initiating procedures for settlement of

disputes in accordance with the Act.

(1) The Authority shall ensure that transparent and up-to-date Transparency and

information on applicable prices and tariffs, and on standard terms and publication

information.

conditions, in respect of access to and use of publicly available telephone

services is available to end-users and consumers, in accordance with the

provisions of the Ninth Schedule to these regulations.

(2) The Authority shall encourage the provision of

information to enable end-users, as far as appropriate, and consumers

to make an independent evaluation of the cost of alternative usage

patterns by means of, for instance, interactive guides.

(1) The Authority may, after taking account of the views Quality of service.

of interested parties, require undertakings that provide publicly available

electronic communications services to publish comparable, adequate

and up-to-date information for end-users on the quality of their services

Provided that such information shall, on request, also be

supplied to the Authority in advance of its publication.

(2) The Authority may specify, inter alia, the quality of

service parameters to be measured, and the content, form and manner

of information to be published, in order to ensure that end-users have

access to comprehensive, comparable and user-friendly information.

Where appropriate, the parameters, definitions and measurement

methods given in the Sixth Schedule to these regulations may be used.

(1) The Authority may specify obligations to be complied

with by undertakings operating public telephone networks at fixed

locations, and, or providing publicly available telephone services at fixed

locations, in order to ensure the integrity of such network and, in the

event of catastrophic network breakdown or in cases of force majeure,

to ensure the availability of the public telephone network and publicly

available telephone services at fixed locations.

(2) An undertaking providing a publicly available telephone

service at fixed locations shall take all reasonable steps to ensure

uninterrupted access to emergency services.

(1) A person who places on the market for sale, or rent, or

otherwise makes available, consumer equipment, intended for the

reception of digital television signals, that is capable of descrambling

digital television signals, shall ensure that such equipment possesses

the capability to –

(a) allow the descrambling of such signals according to the

common European scrambling algorithm as administered by

recognised European standards organisations, and

(b) display signals that have been transmitted in clear mode,

provided that, in the event that such equipment is rented, the person

renting such equipment is in compliance with the relevant rental

agreement.

(2) A person who places on the market for sale, or rent, or

otherwise, an analogue television set with an integral viewing screen of

visible diagonal greater than 42 centimetres, shall ensure that the set is

fitted with at least one open interface socket (as standardised by a

recognised European standards organisation) permitting simple

connection of peripherals, especially additional decoders and digital

receivers.

(3) A person who places on the market for sale or rent a

digital television set with an integral screen of visible diagonal greater

than 30 centimetres shall ensure that the set is fitted with at least one

open interface socket (either standardised by, or conforming to a

standards adopted by, a recognised European standards organisation,

or conforming to an industry-wide specification, for example the DVB

common interface connector) permitting simple connection of

peripherals, and able to pass all the elements of a digital television signal,

including information relating to interactive and conditionally accessed

services.

(1) An undertaking providing a publicly available telephone Operator assistance

and directory

service shall ensure that subscribers may, without charge, have an entry enquiry services.

in a directory provided in accordance with regulation 27 of these

regulations.

(2) An undertaking which assigns telephone numbers to

subscribers, shall meet all reasonable requests to make available, for

the purposes of the provision of publicly available directory enquiry

services and directories, the relevant information in an agreed format

on terms which are fair, objective, cost oriented and non-discriminatory.

(3) An undertaking providing connection to the public

telephone network to end-users shall ensure that all such end-users can

access operator assistance services and directory enquiry services in

accordance with regulation 27 of these regulations.

(4) The Authority shall not maintain any regulatory

restriction that prevents an end-user in one Member State from accessing

directly the directory enquiry service in Malta.

(5) This regulation applies subject to the requirements of

European Community law on the protection of personal data and privacy.

(1) An undertaking providing a publicly available telephone Single European

service, including public pay telephones, to end-users shall ensure that, emergency

number.

in addition to any other national emergency call number that may be

specified by the Authority, such end-users are able to call the emergency

services free of charge by using the single European emergency call

number “112”

Provided that until the 31 st December, 2004 any such

undertaking shall also support the emergency access numbers “191”,

“196” and “199”.

(2) An undertaking operating public telephone networks

shall, as soon as practicable, make caller location information available

to authorities handling emergencies, to the extent technically feasible,

for all calls to the single European emergency call number “112” and

any national emergency call number that may be specified by the

Authority

Provided that until the 31 st December, 2004 this obligation

shall also apply to the emergency access numbers “191”, “196” and

“199”.

(3) The Authority may specify obligations for compliance

by undertakings of any particular class or classes, for the purpose of

ensuring that members of the public are adequately informed about the

existence and use of the single European emergency call number “112”.

(1) The Authority shall ensure that the “00” code is the

standard international access code

Provided that the Authority may establish special

arrangements for making calls between adjacent locations across borders

between Malta and other Member States. The end-users of publicly

available telephone services in the locations concerned shall be fully

informed of such arrangements.

(2) An undertaking operating public telephone networks

shall convey all calls originating on or transiting through its network to

the European telephony numbering space, without prejudice to the need

for an undertaking that operates a public telephone network to recover

the cost of the conveyance of calls on its network.

(3) The Authority may specify requirements for the purposes

of ensuring compliance by an undertaking with subregulation (2) of

this regulation.

The Authority may specify requirements for compliance by

an undertaking operating a public telephone network or providing

publicly available telephone services, for the purpose of ensuring that

end-users from other Member States are able to access non-geographic

numbers within Malta where technically and economically feasible,

except where a called subscriber has chosen for commercial reasons, to

limit access by calling parties located in specific geographical areas.

(1) An undertaking operating a public telephone network

shall make available to end-users the facilities listed in Part B of the

Fifth Schedule to these regulations subject to technical feasibility and

economic viability.

(2) The Authority may waive the obligations under

subregulation (1) of this regulation in all or part of Malta, if it considers,

after taking into account the views of interested parties, that there is

sufficient access to these facilities.

(3) Without prejudice to subregulation (2) of regulation 32

of these regulations, the Authority may impose the obligations in

paragraph 5 of Part A of the Fifth Schedule to these regulations,

concerning disconnection as a general requirement on all undertakings.

(1) An undertaking providing a publicly available telephone Number portability.

service, including a mobile service, shall ensure that a subscriber to

such service may, upon request, retain his number independently of the

undertaking providing the service

(a)

in the case of geographic numbers at a specific location,

and

(b) in the case of non-geographic numbers at any location

Provided that the provisions of this subregulation shall not

apply to the porting of numbers between networks providing

services at a fixed location and mobile networks.

(2) The Authority may specify obligations for compliance

by an undertaking to which subregulation (1) of this regulation relates

for the purpose of ensuring that pricing for interconnection related to

the provision of number portability as provided for in subregulation (1)

of this regulation is cost oriented and that direct charges to subscribers,

if any, do not act as a disincentive for the use of these facilities.

(3) Obligations under subregulation (2) of this regulation

may include a requirement that there shall be no direct charges to

subscribers for number portability. Where retail tariffs for porting of

numbers are permitted, the Authority shall ensure that such tariffs may

not be imposed in a manner that would distort competition and for this

purpose may specify obligations to be complied with by an undertaking.

(1) The Authority may impose reasonable “must carry” “Must

obligations and

obligations for the transmission of specified radio and television additional

broadcast channels and services, on undertakings providing electronic mandatory services.

communications networks used for the distribution of radio or television

broadcasts to the public where a significant number of end-users of

such networks use them as the principal means to receive radio and

television broadcasts

Provided that such obligations shall only be imposed where they

are necessary to meet clearly defined general interest objectives and

shall be proportionate and transparent, which obligations shall be

reviewed by the Authority periodically

Provided further that the Authority may determine, in a

proportionate and transparent manner, the appropriate remuneration, if

any, in respect of measures taken in accordance with this sub-regulation.

In doing so the Authority shall ensure that in similar circumstances

there is no discrimination in the treatment of undertakings providing

electronic communications networks.

(2) The Authority may decide to make additional services,

apart from services within the universal service obligations as defined

in this Part of these regulations, publicly available in Malta but, in such

circumstances, no compensation mechanism involving specific

undertakings may be imposed.

The Authority shall, as far as is appropriate for the purposes

of its functions under this Part of these regulations, take into account

the views of end-users, consumers in particular disabled users,

manufacturers, undertakings that provide electronic communications

networks and, or services on issues related to all end-user and consumer

rights concerning publicly available electronic communications services,

in particular where they have a significant impact on the market.

(1) The Authority shall notify to the European Commission

the names of undertakings designated as having universal service

obligations under regulation 30 of these regulations.

(2) The Authority shall notify to the European Commission

the names of any undertakings identified under regulation 8 of these

regulations as having significant market power and of the obligations

imposed upon them under these regulations.

(3) The Authority shall notify the European Commission of

any changes in the names and, or obligations notified pursuant to

subregulations (1) or (2) of this regulation.

PART V

General Authorisations

(1) In accordance with the provisions of the Act and of

these regulations a general authorisation is required for the provision of

electronic communications networks and, or services.

(2) General authorisations established under these

regulations shall cover the following

(a) the establishment and operation of a public

communications network;

(b) publicly available telephone services;

(c) the provision of television and radio distribution services;

(d) the provision of other publicly available electronic

communications services;

(e) the provision of non-public electronic communications

services;

(f) private electronic communications networks and, or

services.

(3) General authorisations shall cover the provision of

electronic communications networks and, or services either nationwide

or in respect of any particular geographical area.

(4) For the purposes of this Part and the Twelfth Schedule

to these regulations, “authorised undertaking” means an undertaking

deemed to be authorised in accordance with regulation 55 of these

regulations.

(1) In accordance with the Act, any person who intends to Notification

general

provide an electronic communications network and, or an electronic authorisations.

communications service shall, before doing so, notify the Authority of

his intention to provide such a network or service.

(2) A notification under subregulation (1) of this regulation

shall be in such form as the Authority may from time to time determine

and shall contain the following

(a) the name of the person concerned including, in the case of

a body corporate, the company registration number,

(b) the names, addresses and contact details of relevant contact

persons, including the commercial, technical and legal contact

person,

(c) the business address of the person concerned and, in the

case of a body corporate, where that address differs from the address

of its registered office, the address of its registered office,

(d) a description of the network or service to be provided,

specifying also the network and, or service in accordance with

subregulation (2) of regulation 54 of these regulations,

(e) the estimated date of commencement for the relevant

activity,

(f) the geographical area intended to be covered by the network

or service in question, and

(g) a declaration of compliance with the relevant conditions

as prescribed by or under these regulations.

(3) Upon receipt by the Authority of a notification pursuant

to subregulation (1) of this regulation, the person concerned is deemed

to be authorised to provide an electronic communications network or

service or, as appropriate both, subject to such conditions as may be

specified under regulation 59 of these regulations.

(4) An undertaking shall notify the Authority of any changes

to the information supplied under paragraphs (a) to (c) of subregulation

(2) of this regulation within fourteen days of such change and in relation

to the matters referred to paragraphs (d) to (f) of subregulation (2) of

this regulation within fourteen days prior to the commencement of the

relevant activity.

(5) The Authority may make a determination specifying an

electronic communications network or service of a particular category

as being a network or service in relation to which an undertaking is not

subject to the requirements of subregulation (1) of this regulation.

(6) An undertaking not required to notify under

subregulation (1) of this regulation is deemed to be authorised under

these regulations.

(7) An undertaking shall notify the Authority immediately

when it ceases to provide electronic communications networks and, or

services under these regulations and shall remain responsible for the

fulfilment of any obligations as a provider of such networks and, or

services until such notification is given.

(1) The Authority shall, within seven days of the receipt

by it of a request from any authorised undertaking, issue to that

undertaking, in such form as the Authority may from time to time

determine, a standardised declaration -

(a) confirming, where applicable, that the undertaking has

submitted a notification pursuant to regulation 55 of these

regulations; and

(b) detailing under what circumstances any undertaking has

the right to

(i)

apply for rights to install facilities,

(ii)

negotiate interconnection and, or

(iii)

obtain access or interconnection,

in order to facilitate the exercise of those rights.

(2) Where the Authority considers it appropriate to do so, it

may issue such declaration as an automatic reply upon receipt of a

notification pursuant to regulation 55 of these regulations.

(1) The Authority shall establish and maintain a register of Register of

authorised

those undertakings that have notified the Authority of an intention to undertakings.

provide a network or service pursuant to regulation 55 of these

regulations and such information contained in any such notification as

the Authority considers appropriate, other than information which the

Authority reasonably considers confidential, shall be entered in the

register established and maintained under this subregulation.

(2) The Authority may, as necessary, amend or delete an

entry in the register.

(3) Members of the public may inspect the register free of

charge at all reasonable times and may, at a reasonable charge to be

determined by the Authority, make copies of, or take extracts from,

entries in the register.

(1) An authorised undertaking shall have the right to

Rights of an

undertaking under a

general

(a) provide the electronic communications networks or

authorisation.

services as described in a notification made in accordance with

regulation 55 of these regulations;

(b) where applicable have their application for the necessary

rights of use of radio frequencies and, or numbers considered in

accordance with the Act.

(c) where applicable have their application for the necessary

rights to install facilities considered in accordance with the relevant

legislation, in particular the Utilities and Services (Regulation of Certain

Works) Act.

(2) Where an authorised undertaking is providing an

electronic communications service and, or network to the public, it has

the right

(a) under the conditions of and in accordance with Part III

of these regulations, to negotiate interconnection with and where

applicable obtain access to or interconnection from another

undertaking deemed to be authorised in Malta or in another Member

State to provide an electronic communications service and, or

network available to the public, and

(b) to be given an opportunity by the Authority to be

designated under regulation 30 of these regulations to carry out

obligations referred to in that regulation.

(1) The conditions applicable to general authorisations shall

be those as stated in the Twelfth Schedule to these regulations

Provided that the Authority may with the approval of the

Minister in accordance with the provisions of subarticle (6) of article

19 of the Act amend the Twelfth Schedule to these regulations. In doing

so the Authority shall not impose any conditions not listed under Part A

of the Tenth Schedule to these regulations

Provided further that the Authority may establish that certain

conditions may not apply to such categories of undertakings as may be

specified by the Authority.

(2) Any conditions attached to a general authorisation, or

non-application of conditions to such categories of undertakings as may

be specified under subregulation (1) of this regulation, shall be

objectively justified in relation to the electronic communications network

or service concerned, non-discriminatory, proportionate and transparent.

(3) An authorised undertaking shall comply with the

conditions attached to the general authorisation applicable to it.

(4) The Authority shall not attach as a condition to a general

authorisation any specific obligations that it may impose on an

undertaking nor any conditions which are applicable to undertakings

by virtue of any other law.

(5) The Authority shall not duplicate the conditions of a

general authorisation where they grant the right of use for radio

frequencies or numbers.

(6) Authorised undertakings shall pay to the Authority such

administrative charges as are established under Part A of the Eleventh

Schedule to these regulations

Provided that in all cases, any such charges shall be established

in accordance with article 18 of the Act.

If the Authority considers that an undertaking which enjoys Non-compliance

with conditions of

a general authorisation is not complying with one or more conditions of general

a general authorisation, the Authority may in accordance with the authorisations.

appropriate provisions under Part VII of the Malta Communications Cap. 418

Authority Act, take such measures as it considers appropriate, including

interim measures, to ensure compliance.

(1) In pursuance of the provisions of article 29 of the Act, Rights of use of

radio frequencies.

the Authority shall, where appropriate, and in particular where the risk

of harmful interference is negligible, advise the Minister with respect

to the need or otherwise to make the use of radio frequencies subject to

the grant of an individual right of use. In doing so the Authority shall

also advise the Minister as to any conditions for the use of such radio

frequencies to be included under a general authorisation.

(2) Where the use of radio frequencies is subject to the grant

of an individual right of use, the Authority shall, in deciding whether to

grant such rights to any authorised undertaking providing or using

networks or services under the general authorisation, act in accordance

with these regulations.

(3) The Authority shall establish open, transparent and non-

discriminatory procedures for the grant of rights of use and shall make

such procedures publicly available. Such procedures shall be without

prejudice to the specific criteria and procedures for the grant of a licence

in relation to apparatus for radiocommunications under any other law.

(4) The Authority shall, subject to subregulation (4) of

regulation 62 of these regulations, make any decision on the grant of a

right of use as soon as possible after receipt by it of a complete

application, in such form as it may, from time to time, determine, and in

the case of radio frequencies that have been allocated for specific

purposes within the national frequency plan, within no longer than six

weeks after such receipt. The time limit shall be without prejudice to

any applicable international agreements relating to the use of radio

frequencies.

(5) The Authority shall communicate a decision referred to

in subregulation (4) of this regulation to an applicant for the grant of a

right of use referred to in that subregulation as soon as possible after

the decision is made and, subject to any conditions which the Authority

considers appropriate in order to protect the confidentiality of any

information which the Authority considers confidential, make public

such decision as soon as possible thereafter.

(6) The Authority shall not limit the number of rights of

use to be granted except where this is necessary to ensure the efficient

use of radio frequencies in accordance with regulation 62 of these

regulations.

(1) Where the Authority is considering whether to limit the

the number of rights

number of rights of use to be granted for radio frequencies, it shall

(a) give due weight to the need to maximise benefits for

users and to facilitate the development of competition;

(b) give all interested parties, including users and

consumers, the opportunity to express their views on any limitation

in accordance with its obligations under article 10 of the Act;

(c) publish any decision to limit the granting of rights of

use stating the reasons therefore;

(d) after having determined the procedure, invite

applications for rights of use; and

(e) review the limitation at reasonable intervals or at the

reasonable request of affected undertakings.

(2) Where the Authority concludes that further rights of use

for radio frequencies can be granted, it shall publish that conclusion

and invite applications for such rights.

(3) Where the granting of rights of use for radio frequencies

needs to be limited, the Authority shall grant such rights on the basis of

selection criteria that are objective, transparent, non-discriminatory and

proportionate

Provided that any such selection criteria shall give due weight

to the achievement of the objectives under article 4 of the Act.

(4) Where competitive or comparative selection procedures

are to be used, the Authority may extend the maximum period of six

weeks referred to in subregulation (4) of regulation 61 of these

regulations for as long as necessary to ensure that such procedures are

fair, reasonable, open and transparent to all interested parties, but in

any case by no longer than eight months

Provided that these time limits shall be without prejudice to

any applicable international agreements relating to the use of radio

frequencies and satellite coordination.

(5) This procedure shall be without prejudice to the transfer

of rights of use for radio frequencies as may be authorised by law.

(1) In the exercise of their functions under the Act, the Harmonised

assignment of radio

Minister and the Authority shall promote the harmonisation of use of frequencies.

radio frequencies across the Community, consistent with the need to

ensure effective and efficient use thereof and in accordance with

European Community law.

(2) Where the usage of radio frequencies has been

harmonised, access conditions and procedures have been agreed, and

undertakings to which the radio frequencies shall be assigned have been

selected in accordance with international agreements and European

Community rules, the Authority shall grant the right of use for such

radio frequencies in accordance therewith

Provided that all national conditions attached to the right

to use the radio frequencies concerned have been satisfied in the case

of a common selection procedure, the Authority shall not impose any

further conditions, additional criteria or procedures which would restrict,

alter or delay the correct implementation of the common assignment of

such radio frequencies.

(1) The Authority shall specify conditions to be attached Conditions attached

to the rights of use

to rights of use of radio frequencies as are listed in Part B of the Tenth of radio frequencies.

Schedule to these regulations. The Authority may specify that certain

conditions shall not apply to such categories of undertakings as may be

specified by the Authority.

(2) Any conditions attached to rights of use or non-

application of conditions to such categories of undertakings as may be

specified by the Authority under subregulation (1) of this regulation

shall be objectively justified in relation to the network or service

concerned, non-discriminatory, proportionate and transparent and shall

specify whether the right can be transferred at the initiative of the person

enjoying the right of use and, if so, under which conditions.

(3) The Authority shall ensure that where a requirement is

specified as a condition of a right of use for radio frequencies, such a

requirement shall not be specified as a condition of the general

authorisation.

(4) Authorised undertakings shall pay to the Authority such

fees for rights of use of radio frequencies as are established under Part

B of the Eleventh Schedule to these regulations

Provided that in all cases, any such fees shall be established

in accordance with article 18 of the Act.

(1) The Authority shall publish at least once a year, and

make available on request, the assignment of radio frequencies.

(2) The designation of radio frequencies for specific

electronic communications services shall be based on objective criteria

and procedures shall be transparent.

(3) The Authority may revoke, suspend or change the right

of use of any radio frequency previously assigned to an undertaking

and may also direct such undertaking to use a new radio frequency for

the following reasons

(i) when such revocation, suspension or change is

requested by the undertaking;

(ii) when international harmonisation necessitates such

revocation, suspension or change;

(iii) in cases of serious and repeated breaches of the general

authorisation conditions and, or the conditions related to rights of

use;

(iv) when necessary as part of a change to the national radio

frequency plan

Provided that the Authority shall give an appropriate period of

notice to any party affected by such revocation, suspension or change

in radio frequency use.

(1) The Authority may, on receipt of an application in such

form as it may, from time to time, determine, grant a right of use of

numbers to any undertaking or such other person as the Authority

considers appropriate.

(2) The Authority shall establish open, transparent and non-

discriminatory procedures for the grant of rights of use of numbers and

shall cause any such procedures to be made publicly available.

(3) The Authority shall make any decision on the grant of a

right of use of numbers as soon as possible after receipt by it of the

complete application and in the case of a number that has been allocated

for a specific purpose within the national numbering plan, within three

weeks after such receipt

Provided that, where it has been decided after consultation in

accordance with article 10 of the Act that rights of use of numbers of

exceptional economic value are to be granted through comparative or

competitive selection procedures, the Authority may extend the said

time limit by a further period of up to three weeks.

(4) The Authority shall communicate a decision referred to

in subregulation (3) of this regulation to an applicant for a right of use

referred to in that subregulation as soon as is reasonably practicable

after the decision is given and, subject to any restrictions which the

Authority considers appropriate in order to protect the confidentiality

of any information which the Authority considers confidential, make

public such decision as soon as is reasonably practicable thereafter.

(1) The Authority shall, as soon as practicable after the Conditions attached

to the rights of use

coming into force of these regulations, specify conditions to be attached of numbers.

to a right of use of numbers as are listed in Part C of the Tenth Schedule

to these regulations. The Authority may decide that certain conditions

may not apply to such categories of undertakings as may be determined

by the Authority.

(2) Any attachment or non-application of conditions under

subregulation (1) of this regulation to a right of use of numbers shall be

objectively justified in relation to the network or service concerned,

non-discriminatory, proportionate and transparent.

(3) The Authority shall ensure that where a requirement is

specified as a condition of a right of use of numbers such a requirement

shall not be specified as a condition of the general authorisation.

(4) Authorised undertakings shall pay to the Authority such

fees for rights of use of numbers as are established under Part C of the

Eleventh Schedule to these regulations

Provided that in all cases any such fees shall be established in

accordance with article 18 of the Act.

(1) The Authority shall ensure that all relevant information

on rights, conditions, procedures, charges, fees and decisions concerning

general authorisations and rights of use is published and kept up to date

in an appropriate manner so as to facilitate access to that information

for all interested parties.

(2) Where such information is held by different public

authorities or agencies, the Authority shall make all reasonable efforts,

bearing in mind the costs involved, to create a user-friendly overview

of all information, including information about other relevant authorities

in particular to facilitate applications to install facilities.

PART VI

Miscellaneous

(1) Without prejudice to information and reporting

obligations under any other laws or regulations, the Authority may only

require undertakings to provide information under the general

rights of use and for

authorisation, for rights of use or in relation to any other obligations

imposed under these regulations that is proportionate and objectively

justified for

(a) systematic or case-by-case verification of compliance

with conditions 1 and 2 of Part A, condition 6 of Part 1 and condition

7 of Part C of the Tenth Schedule to these regulations and of

compliance with obligations as referred to in Part 1 of the Twelfth

Schedule to these regulations;

(b) case-by-case verification of compliance with

conditions as set out in the general authorisation and, or rights

of use where a complaint has been received or where the

Authority has other reasons to believe that a condition is not

complied with or in case of an investigation by the Authority

on its own initiative;

(c) procedures for and assessment of requests for granting

rights of use;

(d) publication of comparative overviews of quality and

(e)

clearly defined statistical purposes;

(f)

market analysis made under these regulations.

(2) The information referred to in paragraphs (a), (b), (d),

(e) and (f) of subregulation (1) may not be required prior to or as a

condition for market access.

(3) Where the Authority requires undertakings to provide

information as referred to in subregulation (1), it shall inform them of

the specific purpose for which this information is to be used.

If an undertaking fails to pay to the Authority any sum due Interest in event of

late payment of

by or under these regulations, interest atin the rate of eight percent per sums due.

annum shall accrue as from the date that any such sum falls due.

Nothing in these regulations shall exempt any person from No exemption from

the need to obtain

the obligation to diligently obtain at his own expense any permit, licence any other permit

or other approval or authorisation however so described, necessary to etc..

construct, operate and maintain the networks and, or services or any

part thereof to which these regulations apply, or from the obligation of

complying with any condition of any such permit, licence or other

approval or authorisation.

Any right of use of radio spectrum resulting from any licence Rights of use of

radio spectrum

issued under the Wireless Telegraphy Ordinance in connection with the granted under the

operation of any electronic communications network regulated under Wireless

Telegraphy

the Act prior to the coming into force of these regulations, shall for the Ordinance.

purposes of the Act and of these regulations and as from the date of the

coming into force of these regulations, be deemed to be a right granted Cap. 49

under the Act subject to the same conditions as those under which it

was granted under the Wireless Telegraphy Ordinance and the provisions

of the Act shall apply to the application and enforcement of the conditions

of the said licence.

Provided that the fees in respect of any said licence shall, as

from the date of coming into force of these regulations, be those

established in the Eleventh Schedule to these regulations and shall be

enforceable under the Act.

Provided further that where the Eleventh Schedule to these

regulations does not establish the fees payable for any licence as above

mentioned the fees payable in respect of any such licence shall remain

payable and enforceable in the same manner as they were prior to the

coming into force of these regulations.

Those regulations made under the Telecommunications Interpretaion of

regulations made

(Regulation) Act and which are still in force shall be interpreted in under the

accordance withthe provisions of the Telecommunicatioins (Regulation) Telecommunications

(Regulation) Act

and still in force.

Act No. VII of

2004. Act as in force prior to the coming into force of the Communicatioins

Laws (Amendment) Act 2004.

(1) The Authority shall be responsible to ensure compliance

with the provisions of these regulations and may, for this purpose and

for the carrying into effect of any provisions of these regulations, issue

any directives it may consider to be necessary in this regard.

(2) A person shall in all instances comply with any directive

or decision, however so described, of the Authority issued under these

regulations notwithstanding any dispute, appeal or any legal proceedings

contemplated or commenced in relation to the said directive or decision.

(3) A person who fails to comply with any directive or

decision issued by the Authority under these regulations shall be

considered to have acted in breach of these regulations.

Unless otherwise prescribed in these regulations, the

Authority may, in accordance with the provisions of Part VII of the

Malta Communications Authority Act, impose such sanctions, as it may

consider appropriate in accordance with the aforesaid Act, upon any

person who acts in breach of any provision of these regulations.