Telecommunications and Wireless Telegraphy Fees

L.N. 475 of 2004

FEES ORDINANCE

(CAP.35)

RADIOCOMMUNICATIONS ACT

(CAP. 49)

POSTAL SERVICES ACT

(CAP. 254)

Telecommunications and Wireless Telegraphy Fees

(Modalities of Payment) (Amendment) Regulations, 2004

IN EXERCISE of the powers conferred by articles 2 and 5 of the

Fees Ordinance, and in exercise of the powers conferred by article 4 of

the Radiocommunications Act, and in exercise of the powers conferred

by article 81 of the Postal Services Act, the Minister for Competitiveness

and Communications with the concurrence of the Prime Minister and

Minister for Finance after consultation with the Malta Communications

Authority, has made the following regulations>-

The title of these regulations is Telecommunications and

Wireless Telegraphy Fees (Modalities of Payment) (Amendment)

Regulations, 2004 and they shall be read and construed as one with the

Telecommunications and Wireless Telegraphy Fees (Modalities of

Payment) Regulations, 2000, hereinafter referred to as “the principal

regulations”.

Amends regulation

In regulation 1 of the principal regulations for the words

“Telecommunications and Wireless Telegraphy Fees” there shall be

substituted the words “Communications Fees”.

Immediately after regulation 1 of the principal regulations there

shall be added new regulation 1A as follows>-

1A For the purposes of these regulations and unless

“Interpretation.

the context otherwise requires -

“the Authority” means the Malta Communications

Authority established under the Malta Communications

Authority Act<

“fee” shall be construed as including any reference to

any charge howsoever described

“the Minister” means the Minister responsible for

communications and includes any public officer or

government department or agency howsoever described who

is authorised by the Minister to act for or on his behalf.”.

Sub-regulation (1) of regulation 2 of the principal regulations Amends regulation

2 of the principal

shall be amended as follows>-

regulations.

(a) for the words “the Wireless Telegraphy Ordinance, or

the Telecommunications (Regulation) Act, as the case may be, a

fee is established in respect of any authorisation, licence or of the

provision of any service related to telecommunications systems or

services or to wireless telegraphy” there shall be substituted the

words “the Radiocommunications Act, or the Postal Services Act,

as the case may be, a fee is established in respect of any

authorisation, licence howsoever described or of the provision of

any service related to radiocommunications or to postal services”,

and

(b) in sub-paragraph (iii) of paragraph (b) thereof, for the

words “and (ii) above.” there shall be substituted the words “and

(ii) above>” and immediately thereafter there shall be added the

following proviso>-

“Provided that the Authority may issue directives to any

person, specifying alternative modalities of payment,

notwithstanding any other provision of these regulations

applicable to specific fees, howsoever described, made under

the Fees Ordinance or the Radiocommunications Act or the

Postal Services Act.”.

Regulation 3 of the principal regulations shall be amended as Amends regulation

3 of the principal

follows>

regulations.

(a) the words “sub-paragraphs (i), (ii) or (iii) of paragraph

(b) of regulation 2” shall be substituted with the words “sub-

paragraphs (i), (ii) or (iii) of paragraph (b) of subregulation (1) of

regulation 2”<

(b) the words “The Department of Wireless Telegraphy, or

the Competent Authority to regulate Telecommunications, as the

case may be, to whom the fee is payable, may require” shall be

substituted with the words “The Minister or the Authority, as the

case may be, may require”< and

(c) the words “If the Department of Wireless Telegraphy

or the Competent Authority to regulate Telecommunications, as

the case may be, find that after verification an additional amount

is owed, then the Department or the Competent Authority, as the

case may be, shall notify” shall be substituted with the words “If

the Minister or the Authority, as the case may be, finds that after

verification an additional amount is owed, then the Minister or the

Authority, as the case may be, shall notify”.

Subregulation (2) of regulation 4 of the principal regulations

shall be amended as follows>

(a) the words “the Department or the Competent Authority,

as the case may be, to which any fee as mentioned in regulation 2

of these regulations is due, to review” shall be substituted with the

words “the Minister or the Authority, as the case may be, to review”<

(b) the words “The Department or the Competent Authority,

as the case may be, shall treat” shall be substituted with the words

“The Minister or the Authority as the case may be, shall treat”<

and

(c) the words “the Department of Wireless Telegraphy or

of the Ministry of Finance or of the Competent Authority to regulate

Telecommunications” shall be substituted with the words “the

Minister or the Authority”.

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