MT
Regulations, 2011
Table of Provisions (103)
Statutory Text (103 Articles)
L.N. 273 of 2011
ELECTRONIC COMMUNICATIONS (REGULATION) ACT
(CAP. 399)
Electronic Communications Networks and Services (General)
Regulations, 2011
IN exercise of the powers conferred upon him by article 47 of
the Electronic Communications (Regulation) Act, the Minister for
Infrastructure, Transport and Communications, after consultation
with the Malta Communications Authority, has made the following
regulations:-
PART I
Preliminary
The title of these regulations is the Electronic
Communications Networks and Services (General) Regulations,
2011.
(Regulation 6)
Criteria to be used by the Authority in making an assessment of joint dominance in accordance
with Regulation 6
Two or more undertakings can be found to be in a joint dominant position within the meaning of
Regulation 6 if, even in the absence of structural or other links between them, they operate in a market
which is characterised by a lack of effective competition and in which no single undertaking has
significant market power. In accordance with the applicable European Union law and with the case
law of the Court of Justice of the European Union on joint dominance, this is likely to be the case
where the market is concentrated and exhibits a number of appropriate characteristics, of which the
following may be the most relevant in the context of electronic communications
•
low elasticity of demand,
•
similar market shares,
•
high legal or economic barriers to entry,
•
vertical integration with collective refusal to supply,
•
lack of countervailing buying power,
•
lack of potential competition,
•
lack or reduced scope for price competition.
The above is an indicative list and is not exhaustive, nor are the criteria cumulative. Rather, the list is
intended to illustrate only the type of evidence that could be used to support assertions concerning the
existence of joint dominance.
"
B
(1) These regulations shall, unless the context otherwise
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;
(f) publicly available telephone directories and
directory enquiry services; and
(g) 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.
Conditions for access to digital television and radio services broadcast to viewers and listeners in
the European Union.
Regulations 9(1) (c), 10(1)
Part A: Conditions for conditional access systems to be applied in accordance with Regulation
10(1)
In relation to conditional access to digital television and radio services broadcast to viewers
and listeners in the European Union, 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
conditional access systems operated on the market in the European Union are to have the
1. necessary technical capability for cost-effective trans-control allowing the possibility for full
control by network operators at local or regional level of the services using such conditional
access systems;
all operators of conditional access services, irrespective of the means of transmission, who
2. 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 European Union 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
European Union 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
"
B
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.
Part B: Other facilities to which conditions may be applied under Regulation 9(1) (c)
Access to application program interfaces (APIs);
1. Access to electronic programme guides (EPGs).
2. "
B
(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) hereof, the provisions
of article 2 of the said Act shall apply to these regulations.
(2)
In these regulations, unless the context otherwise
requires
“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;
“the Authority” means the Malta Communications
Authority;
“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;
“geographic number” means a number from the national
telephone numbering plan where part of its digit structure
contains geographic significance used for routing calls to the
physical location of the network termination point;
“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 telephone numbering plan that is not a geographic
number and includes, inter alia, mobile, freephone and
premium rate numbers;
“non-public electronic communications services” are
electronic communications services that are not generally
available to the public;
“other publicly available electronic communications
services” means those publicly available electronic
communications services that are -
(a) neither a publicly available telephone service,
(b)
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 for his private use, but does not include any such
network operated and, or any such service provided within
the confines of an area of land owned, leased or otherwise
lawfully possessed by that same person;
“publicly available telephone directories and directory
enquiry services” means telephone directories and directory
enquiry services which are generally available to the public
and are based on data obtained directly or indirectly from any
undertaking in Malta which assigns telephone numbers to
subscribers;
“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 European Union or a substantial part thereof
located in more than one Member State.
PART II
Competition Rules
(Regulation 12)
Minimum list of items to be included in a reference offer for wholesale network infrastructure
access, including shared or fully unbundled access to the local loop at a fixed location to be
published by notified operators with significant market power.
For the purposes of this Schedule the following definitions apply
(a) “local sub-loop” means a partial local loop connecting the network termination point to a
concentration point or a specified intermediate access point in the fixed public
communications network;
(b) “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;
(c) “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 operator with single market power allowing the use of the
full capacity of the network infrastructure;
(d) “shared access to the local loop” means the provision to a beneficiary of access to the local
loop or local sub-loop of the operator with single market power, allowing the use of a
specified part of the network infrastructure such as a part of the frequency or an equivalent.
A. Conditions for unbundled access to the local loop
1. Network elements to which access is offered covering in particular the following elements together
with associated facilities
1.1. unbundled access to local loops (full and shared);
1.2. unbundled access to local sub-loops (full and shared), including, when relevant, access to
network elements which are not active for the purpose of roll-out of backhaul networks;
1.3. where relevant, duct access enabling the roll out of access networks.
B
2. Information concerning the locations of physical access sites including cabinets and distribution
frames, availability of local loops, sub-loops and backhaul in specific parts of the access network and
when relevant, information concerning the location of ducts and the availability within ducts.
3. Technical conditions related to access and use of local loops and sub-loops, including the technical
characteristics of the twisted pair and, or optical fibre and, or equivalent, cable distributors, and
associated facilities and, when relevant, technical conditions related to access to ducts
4. Ordering and provisioning procedures, usage restrictions.
B. Co-location services
1. Information on the operator with significant market power of relevant sites or equipment locations
and the planned update thereof.
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.
"
B
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.
"
B
(1) An undertaking shall refrain from doing anything,
by act or omission, which has the effect or the intention of
preventing, restricting or distorting competition.
(2) 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
(a) examination of interconnection agreements;
(b)
conditions for market access to undertakings;
(c) schemes established for funding universal service
obligations;
(d)
access to rights of way;
(e) cross-ownership of different networks and joint
provision of networks and, or services; and
(f) emergence of global and regional partnerships and
alliances
Provided that for the purpose of exercising its duties and
functions under the Act, the Authority may seek the advice of
the competent authority responsible for competition.
(3) An undertaking providing public electronic
communications networks shall not operate its cable television
network using the same legal entity as it uses for its other public
electronic 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 with regard to the establishment and provision of directory
services, including the publication of directories and directory
enquiry services in Malta.
PART III
Market analysis and the functioning of the Internal Market
(Regulations 28 and 49)
Description of facilities and services referred to in Regulations 28 (Control of Expenditure) and
46 (Additional Facilities).
Part A: Facilities and services referred to in Regulation 28
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
undertakings to subscribers 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 barring for outgoing calls, or premium SMS or MMS, or where technically feasible,
other kinds of similar applications, free of charge
2.1. Namely, the facility whereby the subscriber can, on request to the designated undertaking
that provides telephone services , bar outgoing calls or premium SMS or MMS or other kinds of
similar applications 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 communications network and use of publicly available telephone
services on pre-paid terms.
"
B
4. Phased payment of connection fees
4.1. The Authority may require designated undertakings to allow consumers to pay for
connection to the public communications 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 issued by undertakings in
accordance with regulation 36(5). 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 decisions 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.
6. Tariff advice
6.1. Namely, the facility whereby subscribers may request the undertaking to provide
information regarding alternative lower-cost tariffs, if available.
7. Cost control
7.1. Namely, the facility whereby undertakings offer other means, if determined to be
appropriate by the Authority, to control the costs of publicly available telephone services, including
free-of-charge alerts to consumers in case of abnormal or excessive consumption patterns.
Part B: Facilities referred to in regulation 46
1. Tone dialling or DTMF (dual-tone multi-frequency operation)
1.1. Namely, the public communications network and, or publicly available telephone
services 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.
!"
"
B
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.
B
(1) The Authority shall, after having defined a market
in accordance with article 9 of the Act, carry out an analysis
of such a market taking into account the markets identified in
the recommendation and the guidelines issued by the European
Commission in accordance with Article 15 of the Framework
Directive
Provided that where the Authority considers it
appropriate, it shall carry out such an analysis in collaboration
with the competent national authority responsible for competition
issues.
(2) Where the Authority is required under
subregulations (3) and (4), or regulations 11 or 19 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) 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) 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 onerous
on the undertaking concerned.
(4) Where the Authority determines that a relevant
market is not effectively competitive, it shall designate
undertakings which individually or jointly have significant market
power in accordance with regulation 6 and it shall impose on such
undertakings appropriate specific regulatory obligations referred to
in subregulation (2) 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 in a concerted fashion, shall decide on
any imposition, amendment or withdrawal of specific regulatory
obligations referred to in subregulation (2).
(6) The Authority shall periodically carry out a further
analysis of a relevant market referred to in subregulation (1), and
subregulations (2) to (5) shall apply accordingly.
(7) The Authority shall in undertaking any measures
under this regulation, except subregulation (5), follow the
procedures referred to in regulation 7 hereof and in article 4A of the
Malta Communications Authority Act. The Authority shall carry
out an analysis of the relevant market and notify the corresponding
draft measure in accordance with regulation 7
(a) within three years from the adoption of a previous
measure relating to that market
Provided that this period may be extended for up to three
additional years, where the Authority has notified a reasoned
proposed extension to the European Commission and the
European Commission has not objected to such extension
within one month of the notification; or
(b) within two years from the adoption of a revised
recommendation on relevant markets referred to in Article
15 of the Framework Directive, for markets not previously
notified to the European Commission.
(8) In cases where the Authority has not completed
its analysis of a relevant market identified in the recommendation
within the time limit laid down in subregulation (7), and BEREC
has, upon request, provided the Authority with assistance in
completing the analysis of the specific market and the specific
obligations to be imposed, the Authority shall within six months
notify the draft measure to the European Commission in accordance
with regulation 7.
(Regulations 29 and 39)
Quality of Service Parameters
Quality of service parameters, definitions and measurements referred to in
Regulations 29 and 39
For undertakings providing access to a public communications network
Parameter
Definition
Measurement method
Supply time for initial
ETSI EG 202 057
ETSI EG 202 057
connection
Fault rate per access line
ETSI EG 202 057
ETSI EG 202 057
Fault repair time
ETSI EG 202 057
ETSI EG 202 057
For undertakings providing a publicly available telephone service
Unsuccessful call ratio (1)
ETSI EG 202 057
ETSI EG 202 057
Call set up time (1)
ETSI EG 202 057
ETSI EG 202 057
Response time for directory
ETSI EG 202 057
ETSI EG 202 057
enquiry services
Proportion of coin and card
ETSI EG 202 057
ETSI EG 202 057
operated public pay telephones
in working order
Bill correctness complaints
ETSI EG 202 057
ETSI EG 202 057
Version number of ETSI EG 202 057-1 is 1.3.1 (July 2008)
Note 1
The Authority may decide not to require up-to-date information concerning the performance for these
two parameters to be kept if evidence is available to show that performance in these two areas
is satisfactory.
"
B
(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 Union 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 First
Schedule hereto.
(4) Where an undertaking has significant market power
on a specific market (the first market), it may also be designated
as having significant market power on a closely related market
(the second market) where the links between the two markets are
such as to allow the market power held in the first market to be
leveraged into the second market, thereby strengthening the market
power of the undertaking.
(5) Remedies aimed at preventing the leverage
referred to subregulation (4) may be applied in the second market
pursuant to regulations 12, 13, 14 and 16, and where such remedies
prove to be insufficient, remedies pursuant to regulation 19 may be
imposed.
(Regulation 30)
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 end-users 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
"
B
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 31(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 regulation 31(4), 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.
"
B
( 1 ) E x c e p t w h e r e o t h e r w i s e p r o v i d e d i n Consolidating the
recommendations or guidelines adopted by the European internal
Commission pursuant to Article 7b of the Framework Directive, communications.
upon completion of the consultation referred to in article 4A of the
Malta Communications Authority Act, where the Authority intends Cap.418
to take a measure which
(a) falls within the scope of article 9 of the Act, or
regulations 5, 9, 11 or 19; and
(b) would affect trade between Member States,
the Authority shall make the draft measure accessible
to the European Commission, BEREC and the national
regulatory authorities in other Member States, at the same
time, together with the reasoning on which the measure is
based, and inform the European Commission, BEREC and
other national regulatory authorities in other Member States
thereof.
(2) Before proceeding with a measure referred to
in subregulation (1), the Authority shall take into account any
comments made by national regulatory authorities in other Member
States, the European Commission and, or BEREC, received within
one month of having made the draft measure accessible.
(3) Where the European Commission has not 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 Union law and, in particular, the
objectives referred to in Article 8 of the Framework Directive, the
Authority shall adopt the resulting draft measure.
(4) Where a draft measure referred to in subregulation
(1) 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
Union law and, in particular, with the objectives referred to in
Article 8 of the Framework Directive, the draft measure shall
not be adopted for a further two months, which period may
not be extended.
(5) Where, within the two month period referred
to in subregulation (4), the European Commission has adopted a
decision to lift its reservations in relation to a draft measure, the
Authority shall adopt the resulting draft measure.
(6) Where the European Commission has adopted a
decision requiring the Authority to withdraw a draft measure, the
Authority shall amend or withdraw the draft measure within six
months of the date of the decision of the European Commission.
When the draft measure is amended, the Authority shall undertake
a public consultation in accordance with the procedures referred to
in article 4A of the Malta Communications Authority Act, and shall Cap. 418
re-notify the amended draft measure to the European Commission
in accordance with the provisions of subregulations (2) and (3).
(7) The Authority shall take the utmost account of any
comments of other national regulatory authorities in other Member
States, BEREC and of the European Commission, received in
response to the consultation referred to in subregulation (1) and
may, except in cases covered by the provisions of Article 7(4)
and (5)(a) of the Framework Directive, 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.
(8) The Authority shall communicate all final measures
which fall under subregulation (1) to the European Commission
and BEREC.
(9) Where the Authority considers that there are
exceptional circumstances justifying an urgent need to act in order
to safeguard competition and, or to protect the interests of users,
by way of derogation from the procedures set out in subregulations
(1) to (4), the Authority may immediately adopt a proportionate
measure on a provisional basis.
(10) Where the Authority acts in accordance with
subregulation (9), 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, BEREC and the undertaking to which the measure
concerned is addressed.
(11) A decision by the Authority to render a measure
referred to in subregulation (9) permanent or extend the time for
which it is applicable, is subject to subregulations (1) to (4).
(Regulations 70, 76 and 78)
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 70, 76 and 78 of these regulations.
Part A. Conditions which may be attached to a general authorisation
Financial contributions to the funding of universal service in conformity with the
1. Universal Service Directive.
Administrative charges in accordance with article 18 of the Act.
2. Interoperability of services and interconnection of networks in conformity with the
3. Access Directive.
Accessibility of numbers from the national telephone numbering plan to numbers from
4. the European Telephone Numbering Space, the Universal International Free phone Numbers,
and, where technically and economically feasible, from numbering plans of other Member
States, including conditions in conformity with the Universal Service Directive.
Environmental and town and country planning requirements, as well as requirements and
5. 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.
“Must carry” obligations in conformity with the Universal Service Directive.
6. Personal data and privacy protection specific to the electronic communications sector in
7. conformity with the Directive on Privacy and Electronic Communications.
Consumer protection rules specific to the electronic communications sector including
8. conditions in conformity with the Universal Service Directive and conditions on
accessibility for users with disabilities in accordance with regulation 26.
Restrictions in relation to the transmission of illegal content, in accordance with
9. Directive 2000/31/EC of the European Parliament and of the Council of the 8th June,
2000 on certain legal aspects of information society services, in particular electronic
commerce, in the internal market and restrictions in relation to the transmission of
harmful content in accordance with Article 2a(2) of Council Directive 89/552/EEC
of the 3rd October, 1989 on the coordination of certain provisions laid down by law,
B
regulation or administrative action in Member States concerning the pursuit of television
broadcasting activities.
Information to be provided under a notification procedure in accordance with
10. regulation 66(2), and for other purposes as included in regulation 82.
Enabling of legal interception by competent national authorities in conformity with
11. the Directive on Privacy and Electronic Communications and Directive 95/46/EC of the
European Parliament and of the Council of the 24th October, 1995 on the protection of
individuals with regard to the processing of personal data and on the free movement of
such data.
12. Terms of use for communications for public authorities to the general public for warning the
public of imminent threats and for mitigating the consequences of major catastrophies.
13. Terms of use during major disasters or national emergencies to ensure communications
between emergency services and authorities.
14. Measures regarding the limitation of exposure of the general public to electromagnetic
fields caused by electronic communications networks in accordance with European Union
law.
15. 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.
16. 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 3rd May, 1989
on the approximation of the laws of the Member States relating to electromagnetic
compatibility.
17. Security of public networks against unauthorised access according to the Directive on
Privacy and Electronic Communications.
18. 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 conformity, where such use is not made subject to the granting of individual rights
of use in accordance with regulation 72.
19. Measures designed to ensure compliance with the
standards
and,
or
specifications referred to in Article 17 of the Framework Directive.
20. Transparency obligations on public communications network providers providing electronic
communications services available to the public to ensure end-to-end connectivity, in
conformity with the objectives and principles set out in article 4 of the Act, disclosure
regarding conditions limiting access to and, or use of services and applications where such
B
conditions are allowed by Member States in conformity with European Union law, and, where
necessary and proportionate, access by the Authority to such information needed to verify the
accuracy of such disclosure.
(Regulation 76)
Part B. Conditions which may be attached to rights of use for radio frequencies
1. Obligation to provide a service or to use a type of technology for which the rights of use for the
frequency has been granted, including, where appropriate, coverage and quality requirements.
Effective and efficient use of frequencies in conformity with the Framework Directive.
2. Technical and operational conditions necessary for the avoidance of harmful interference and
3. for the limitation of exposure of the general public to electromagnetic fields, where
such conditions are different from those included in the general authorisation.
Maximum duration in conformity with Article 5 of the Authorisation Directive,
4. subject to any changes in the national frequency plan.
Transfer of rights at the initiative of the right holder and conditions for such transfer in
5. conformity with the Framework Directive.
Usage fees in accordance with the provisions of article 18(4) and (5) of the Act.
6. Any commitments which the undertaking, obtaining the usage right, has made in the
7. course of a competitive or comparative selection procedure.
8. Obligations under relevant international agreements relating to the use of frequencies.
9. Obligations specific to an experimental use of radio frequencies.
(Regulation 78)
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 including tariff principles and maximum prices that can
apply in the specific number range for the purposes of ensuring consumer protection in accordance
with article 4(c) of the Act.
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
B
regulations 24 and 42.
Maximum duration in conformity with Article 5 of the Authorisation Directive,
5. subject to any changes in the national telephone numbering plan.
Transfer of rights at the initiative of the right holder and conditions for such transfer in
6. conformity with the Framework Directive.
Usage fees in accordance with article 18(4) and (5) of the Act.
7. Any commitments which the undertaking obtaining the usage right has made in the course
8. of a competitive or comparative selection procedure.
9. Obligations under relevant international agreements relating to the use of numbers.
(1) Where an intended measure covered by the
provisions of regulations 7(1) to (3) aims at imposing, amending
or withdrawing an obligation on an operator in cases covered by
Article 7a(1) of the Framework Directive, and the European
Commission within the period of one month provided for by
Article 7(3) of the Framework Directive, notifies 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 Union law, the Authority shall not adopt the
draft measure for a further three months following the European
Commission’s notification
Provided that in the absence of a notification referred to
in this subregulation the Authority may adopt the draft measure,
taking utmost account of any comments made by the European
Commission, BEREC or any other national regulatory authority.
(2) Within the three month period referred to in
subregulation (1), the Authority shall cooperate closely with the
European Commission and BEREC to identify the most appropriate
and effective measure in the light of the objectives laid down in
Article 8 of the Framework Directive. In so doing the Authority
shall take due account of the views of market participants and the
need to ensure the development of consistent regulatory practice.
(3) Prior to the lapse of the three month period referred
to in subregulation (1), the Authority may
(a) amend or withdraw its draft measure taking utmost
account of the European Commission’s notification referred
to in subregulation (1) and of the opinion and, or advice of
BEREC; or
(b)
maintain its draft measure.
(4) Where, following the lapse of the three month
period referred to in subregulation (1), the European Commission
has decided to issue a recommendation or to lift its reservations
in accordance with Article 7a(5) of the Framework Directive, the
Authority shall, within one month, communicate to the European
Commission and to BEREC the adopted final measure
Provided that the Authority may request the European
Commission to extend this period to allow it to undertake a
public consultation in accordance with article 4A of the Malta
Communications Authority Act.
(5) Where the Authority decides not to amend or
withdraw the draft measure on the basis of the recommendation
issued by the European Commission under Article 7a(5) of the
Framework Directive, it shall provide a reasoned justification.
(6) The Authority may withdraw the proposed draft
measure at any stage of the procedure.
PART IV
Access and Interconnection – Rights and Obligations
(Regulations 70, 76 and 78)
Part A. Administrative charges to be paid on an annual basis
(a) Public communications networks
!11,645
(b) Publicly available telephone services
!11,645
(c) Television and radio distribution services
!11, 645 plus !0.35 per subscriber
Other publicly available electronic
(d)
communications services
!2,325
(e) Non-public electronic communications
services
!2,325
Publicly available telephone directories and
(f)
directory enquiry services
!2,325
Provided that an undertaking authorised to provide publicly available telephone services
shall be exempt from the payment of administrative charges pertaining to the provision of
publicly available telephone directories and directory enquiry services.
Furthermore, undertakings providing any of the services under (b), (c), (d) or (e) above shall
also pay to the Authority the following
one and one-half per cent of the first twenty-three million and two hundred and
(i)
ninety-three thousand and seven hundred and thirty-five euro (23,293,735) tranche of
the total gross revenue or part thereof,
one per cent of the second twenty-three million and two hundred and ninety-three
(ii)
thousand and seven hundred and thirty-five euro (23,293,735) tranche of the total
gross revenue or part thereof, and
(iii) one-half per cent of any remaining gross revenue.
(Regulation 76)
Part B. Usage fees for radio spectrum to be paid on an annual basis
fo r th e firs t G S M p a ire d 2 0 0 k H z c h a n n e l in
! 3 ,4 9 0 p lu s 2 .5 % o f
(a)
th e 900 MHz and, or 1800 MHz bands
total gross revenue
for each additional GSM paired 200 kHz channel
(b)
in the 900 MHz and, or 1800 MHz bands
!3,490
(Regulation 78)
Part C. Usage fees for numbers to be paid on an annual basis
Geographic
numbers,
mobile
numbers
(a)
excluding any such numbers as the Minister
! 0 .3 5 p e r
in d iv id u a l
may, after consultation with or on the advice of
allocated and !230 p e r b lo c k o f
the Authority, from time to time establish by
1 0 ,0 0 0 numbers
order in the Gazette.
(b) Carrier select/pre-select codes
!2,325 for each code.
"
B
(1) Without prejudice to any measures that may be
taken in accordance with regulation 11 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) in justified cases and to the extent that is necessary,
the obligations on undertakings that control access to end-
users to make their services interoperable;
(c) to the extent that is necessary to ensure
accessibility for end-users to digital radio and television
broadcasting services specified by the Authority, obligations
on operators to provide access to the facilities referred to in
Part B of the Second Schedule hereto, on fair, reasonable and
non-discriminatory terms.
(2) Any obligations and conditions imposed by
the Authority in accordance with the Act shall be objective,
transparent, proportionate and non-discriminatory, and shall be
implemented in accordance with the procedures established under
regulation 7 hereof and article 4A of the Malta Communications Cap.418
Authority Act.
(3) With regard to access and interconnection, the Authority
may intervene of its own initiative where justified in order to
secure the policy objectives established under article 4 of the Act,
in accordance with the procedures referred to in regulation 6
hereof and articles 4A, 43 and 44A of the Malta Communications
Authority Act.
(Regulation 70)
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 ) w i t h r e g a r d t o s p e c i f i c o b l i g a t i o n s r e g a r d i n g a c c e s s a n d interconnection,
in
Article 13 of the Act and regulation 9 on the fu n c tio n s o f th e A u th o rity w ith
!
re g a rd to a c c e s s a n d interconnection;
Regulation 10 on conditional access systems and other facilities;
!
Regulation 11 on the imposition, amendment o r w ith d ra w a l o f o b lig a tio n s
!
re la te d to a c c e s s a n d , o r interconnection; and
(b) with regard to specific obligations regarding retail services, in
Regulation 19 on controls related to retail markets;
!
(c) with regard to specific obligations regarding universal service
those obligations imposed on undertakings designated under regulation 22.
!
"
B
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 66;
1.2. have its application for the necessary rights of use of radio frequencies and, or
numbers considered in accordance with regulation 69;
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 67;
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 69;
1.5. refer a dispute to the Authority in accordance with articles 43 and 44A of the
Malta Communications Authority 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 69, under the conditions of and in accordance
with Part II, 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 69 be given an opportunity by the Authority
to be designated under regulation 22 to carry out universal service
obligations referred to in that regulation.
Section B - Conditions applicable to authorised undertakings
Scope of authorisation
1.
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 66.
No special or exclusive rights
2.
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 European Union 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.
Amendment of rights and obligations
4.
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.
Administrative charges
5.
5.1. The authorised undertaking shall pay to the Authority any charges due in
accordance with the Act.
Legal interception and Data Retention
6.1. The authorised undertaking shall comply with all requirements related to legal
interception and Data Retention as may be established under the Act and, or any other
law.
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 66 in so far as they apply to the electronic
communications network and, or services described in that notification.
accordance with the Act.
Legal interception and Data Retention
6.
6.1. The authorised undertaking shall comply with all requirements related to legal
interception and Data Retention as may be established under the Act and, B or any
other
law.
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 66 in so far as they apply to the electronic
communications network and, or services described in that notification.
Provision of information
8.
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.
Dispute resolution
9.
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.
- Non-public electronic communications services
- Directory and directory enquiry services
11. Major disasters
11.1. The authorised undertaking shall comply with any decisions 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.
Standards and specified interfaces
12.
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 and, or specifications published by the European Commission in
accordance with Article 17 (1) of the Framework Directive, and, or those that
may be adopted by the European Standards Organisations or internationally
public
Provided that for the purposes of this condition, “major disaster” includes any
major incident having a significant effect on the general public.
Standards and specified interfaces
12.
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 and, or specifications published by the European Commission in
accordance with Article 17 (1) of the Framework Directive, and, or those that
may be adopted by the European Standards Organisations or internationally
recognised standardisation bodies.
Integrity of the network, electro-magnetic radiation and harmful interference
13.
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
Broadcasting Rules
1.
1.1. An authorised undertaking shall comply with any broadcasting and radio content
regulations and authorisation requirements as appropriate.
“Must Carry” Rules
2.
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.
(1) In relation to conditional access to digital
television and radio services broadcast to viewers and listeners in
the European Union, irrespective of the means of transmission, the
conditions laid down in Part A of the Second Schedule hereof shall
apply.
(2) Where, as a result of a market analysis conducted
under regulation 5, 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 regulation 7 and article 4A of the Malta
Communications Authority Act, only to the extent that –
(a) accessibility for end-users to radio and television
broadcasts and broadcasting channels and services specified
in accordance with regulation 49 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 as
referred to in subregulation (2).
(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 12 to 17, 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 12 to 16 on operators who
have not been designated in accordance with subregulation (1)
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 European Commission in accordance with the
procedure set out in regulation 7.
(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 12 to 16, 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 regulation 7 and article 4A of the Malta
Communications Authority Act.
(1) The Authority may, in accordance with the Obligation of
provisions of regulation 11, 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, including any conditions limiting
access to and, or use of services and applications, and prices where
applicable.
(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.
(3) The Authority may specify the precise information
to be made available, the level of detail required and the manner of
publication.
(4) The Authority shall, furthermore, be able to impose
changes to reference offers to give effect to the obligations imposed
under these regulations.
(5) Notwithstanding subregulation (3), where an
operator has obligations under regulation 15 concerning wholesale
network infrastructure access, the Authority shall ensure the
publication of a reference offer containing at least the elements set
out in the Third Schedule.
(1) The Authority may, in accordance with the
provisions of regulation 11, 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 regulation
11, impose obligations for accounting separation in relation to
specified activities related to interconnection and, or access.
( 2 ) Wi t h o u t p r e j u d i c e t o t h e g e n e r a l i t y o f
subregulation (1), 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 13 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 articles
4(10) to (14) 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) 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 of regulation 11, impose obligations on operators to
meet reasonable requests for access to, and use of, specific network
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 interest of the end-user.
(2)
Operators may be required inter alia -
(a) to give third parties access to specified network
elements and, or facilities, including access to network
elements that are not active and, or unbundled access to the
local loop, to inter alia allow carrier selection and, or pre-
selection and, or subscriber line resale offer;
(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 associated
facility 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;
(j) to provide access to associated services such as
identity, location and presence service.
(3) The Authority may attach to any obligations
imposed under subregulations (1) and (2), conditions covering
fairness, reasonableness and timeliness.
(4) When considering the obligations referred to in
subregulations (1) and (2), and in particular when assessing how
such obligations would be imposed 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 including the
availability of other upstream access products such as access
to ducts;
(b) the feasibility of providing the access proposed, in
relation to the capacity available;
(c) the initial investment by the facility owner, taking
account of any public investment made and the risks involved
in making the investment;
(d) the need to safeguard competition in the long
term with particular attention to economically efficient
infrastructure based competition;
(e) where appropriate, any relevant intellectual
property rights; and
(f) the provision of pan-European services.
(5) When imposing obligations on an operator to
provide access in accordance with the provisions of this regulation,
the Authority may lay down technical or operational conditions to
be met by the provider and, or beneficiaries of such access where
necessary to ensure normal operation of the network. Obligations
to follow specific technical standards or specifications shall be
in compliance with the standards and specifications laid down in
accordance with Article 17 of the Framework Directive.
(1) The Authority may, in accordance with the Price control and
provisions of regulation 11, impose obligations relating to cost
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 in order to encourage investments by the
operator, including in next generation networks, 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 any risks specific to a particular new
investment network project.
(2) The Authority shall ensure that any cost recovery
mechanism or pricing methodology that is mandated serves to
promote efficiency and sustainable competition and maximize
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
Provided that 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) Where the Authority concludes that the appropriate
obligations imposed under regulations 12 to 16 have failed to
achieve effective competition and that there are important and
persistent competition problems and, or market failures identified
in relation to the wholesale provision of certain access product
markets, it may, as an exceptional measure, in accordance with the
provisions of regulation 11(3), impose an obligation on vertically
integrated undertakings to place activities related to the wholesale
provision of relevant access products in an independently operating
business entity. Such business entity shall supply access products
and services to all undertakings, including to other business entities
within the parent company, on the same timescales, terms and
conditions, including those relating to price and service levels, and
by means of the same systems and processes.
(2) When the Authority intends to impose an obligation
for functional separation, it shall submit a proposal to the European
Commission that includes
(a) evidence justifying the conclusions of the Authority
as referred to in subregulation (1);
(b) a reasoned assessment that there is no or little
prospect of effective and sustainable infrastructure based
competition within a reasonable timeframe;
(c) an analysis of the expected impact on the Authority,
on the undertaking, in particular on the workforce of the
separated undertaking and on the electronic communications
sector as a whole, and on incentives to invest in the sector as
a whole, particularly with regard to the need to ensure social
and territorial cohesion, and on other stakeholders including,
in particular, the expected impact on competition and any
potential effects on consumers;
(d) an analysis of the reasons justifying that this
obligation would be the most efficient means to enforce
remedies aimed at addressing the competition problems and,
or markets failures identified.
(3)
The draft measure shall include the following
elements
(a) the precise nature and level of separation,
specifying in particular the legal status of the separate
business entity;
(b) an identification of the assets of the separate
business entity, and the products or services to be supplied by
that entity;
(c) the governance arrangements to ensure the
independence of the staff employed by the separate business
entity, and the corresponding incentive structure;
(d) rules for ensuring compliance with the obligations;
(e) rules for ensuring transparency of operational
procedures, in particular towards other stakeholders;
(f) a monitoring programme to ensure compliance,
including the publication of an annual report.
(4) Following the decision of the European
Commission on the draft measure taken in accordance with
Article 8(3) of the Access Directive, the Authority shall conduct a
coordinated analysis of the different markets related to the access
network in accordance with the procedure set out in regulation
5. On the basis of its assessment, the Authority shall impose,
maintain, amend or withdraw obligations, in accordance with
regulation 7 and article 4A of the Malta Communications Authority
Act.
(5) An undertaking on which functional separation has
been imposed may be subject to any of the obligations identified
in regulations 12 to 16 in any specific market where it has been
designated as having significant market power in accordance with
regulation 5, or to any other obligations authorised by the European
Commission pursuant to Article 8 (3) of the Access Directive.
(1) Undertakings which have been designated as
having significant market power in one or several relevant markets
in accordance with regulation 5 shall notify the Authority in
writing, in advance and in a timely manner as may be specified
by the Authority, in order to allow it to assess the effect of the
intended transaction, when they intend to transfer their local access
network assets or a substantial part thereof to a separate legal entity
under different ownership, or to establish a separate business entity
in order to provide to all retail providers, including its own retail
divisions, fully equivalent access products. Undertakings shall also
inform the Authority of any change in that intent as well as the final
outcome of the process of separation.
(2) The Authority shall assess the effect of the intended
transaction on existing regulatory obligations. For that purpose,
the Authority shall conduct a coordinated analysis of the different
markets related to the access network in accordance with the
procedure set out in regulation 5. On the basis of its assessment,
the Authority shall impose, maintain, amend or withdraw
obligations, in accordance with regulation 7 and article 4A of the
Malta Communications Authority Act.
(3) The legally and, or operationally separate business entity
may be subject to any of the obligations identified in regulations 12
to 16 in any specific market where it has been designated as having
significant market power in accordance with regulation 5, or to any
other obligations authorised by the European Commission pursuant
to Article 8(3) of the Access Directive.
(1) Where –
(a) the Authority determines as a result of a market
analysis carried out in accordance with regulation 5, that a
given retail market identified in accordance with article 9 of
the Act is not effectively competitive, and
(b) the Authority concludes that obligations imposed
under this Part 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
(2) Obligations imposed under subregulation (1)
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, or
(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) 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.
(5) The Authority may specify the format and
accounting methodology to be used by an undertaking to which
subregulation (4) applies.
(6) 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.
(7) An undertaking to which subregulation (4)
applies shall publish in its annual accounts a statement concerning
compliance by it with a cost accounting system referred to in
subregulation (4).
(8) Without prejudice to the provisions of regulations
27(2) and 28, 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.
The Authority shall notify the European Commission
of -
(a) the names of undertakings designated as having
significant market power;
(b) the obligations imposed upon them under these
regulations; and
(c) as soon as is practicable, any changes affecting
these obligations, or the undertakings affected by or under
these regulations.
PART V
Universal Service Obligations
(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.
(1) For the purposes of this Part “designated
undertaking” means an undertaking designated in accordance with
this regulation.
(2) The Authority may designate one or more
undertakings for such period as it may specify, to comply with
obligations referred to in regulations 23 to 26 and where applicable
in regulation 27(2) so that the whole of Malta can be covered.
( 3 ) T h e A u t h o r i t y m a y d e s i g n a t e d i ff e r e n t
undertakings or sets of undertakings to provide different elements
of universal service and, or to cover different parts of Malta.
(4) In designating an undertaking under subregulation
(2), 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 (2) 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 30.
(5) A designated undertaking which intends to dispose
of a substantial part or all of its local access network assets to a
separate legal entity under different ownership, shall notify the
Authority in writing, in advance and in a timely manner as may be
specified by the Authority, in order to allow the Authority to assess
the effect of the intended transaction on the provision of access at a
fixed location and of telephone services pursuant to regulation 23.
The Authority may impose, amend or withdraw specific obligations
in accordance with Article 6 (2) of the Authorisation Directive.
(1) A designated undertaking shall satisfy all Provision of access at
reasonable requests to provide connection at a fixed location to provision of telephone
a public communications network, and such connection shall be services
capable of supporting -
(a) voice,
(b) facsimile, 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.
(2) A designated undertaking shall satisfy all
reasonable requests for the provision of a publicly available
telephone service over the network connection referred to in
subregulation (1) which allows for originating and receiving of
national and international calls.
(3) The Authority may for the purposes of the networks
and, or services referred to in this regulation, specify requirements
to be complied with by a designated undertaking in relation to,
inter alia -
(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 a public communications network pursuant
to subregulation (1);
(c) the reasonableness of requests for access to a
publicly available telephone service pursuant to subregulation
(2); and
(d) the terms and conditions upon which connection
and access referred to in subregulation (1) and (2) shall be
provided.
(4) In the event that a universal service is met as
a result of market conditions, the Authority may decide not to
designate an undertaking in accordance with regulation 22.
(1) A designated undertaking shall ensure:–
(a) that a comprehensive directory of subscribers to
publicly available telephony services 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 on a regular basis at least once a year; and
(b) that a comprehensive and up-to-date telephone
directory enquiry service is made available to all end-users,
including users of public pay telephones;
(2) A directory or directory enquiry service referred
to in subregulation (1) shall comprise, subject to the relevant data
protection laws, all subscribers of publicly available telephone
services in Malta.
(3) 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 or other comparable services are provided to meet
the reasonable needs of end-users in terms of the geographical
coverage, the number of telephones or other services, the
accessibility to disabled end-users and the quality of such services.
(2) The Authority may specify terms and conditions
applicable to the provision of public pay telephones or other
comparable services, for the purpose of ensuring that the
requirements specified in subregulation (1) are met.
(3) Where the Authority determines, after
consultation carried out in accordance with article 4A of the Malta
Communications Authority Act, that there exists a sufficient number Cap.418
of public pay telephones or comparable services 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 22 for the purposes of subregulation (1) 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
or comparable services shall ensure that users of such facilities
are able to make emergency calls 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) An undertaking providing public pay telephones or
comparable services shall ensure that users of such facilities have
access to a directory enquiry service referred to in regulation 24.
(1) Unless requirements have been specified under Part
VI which achieve the equivalent effect, the Authority may specify
obligations applicable to designated undertakings for the purpose
of ensuring that disabled end-users can enjoy access to, and
affordability of, the services identified under this Part equivalent
to that enjoyed by the majority of end-users. The Authority may
assess the general need and the specific requirements, including
the extent and concrete form of such specific measures for disabled
end-users.
(2) The Authority may take specific measures, in
the light of national conditions, 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.
(3) In taking the measures referred to subregulations
(1) and (2), the Authority shall encourage compliance with the
relevant standards and, or specifications published in accordance
with Articles 17 and 18 of the Framework Directive.
(1) The Authority shall monitor the evolution and
level of retail tariffs of the services identified in regulations 23 to
26 in particular in relation to national consumer prices for similar
products and average consumer 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 to consumers tariff options or packages 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 the network referred to in
regulation 23(1) or from using the services identified in regulation
23(2) and regulations 24 to 26 as falling under the universal
service obligations and provided by designated undertakings.
(3) The Authority may, in the light of national
conditions, require a designated undertaking with obligations
under regulations 23 to 26 to apply common tariffs, including
geographical averaging throughout Malta, or to comply with price
caps or other similar schemes.
(4) 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 Control of
facilities and services additional to those referred to in regulations expenditure.
23 to 26 and 27(2), 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 Fourth Schedule
Provided that the Authority may waive any requirement
imposed under subregulation (2) 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 Quality of service
under regulations 23 to 26 and 27(2), as applicable, shall publish of
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 Fifth Schedule 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. 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, comparable
and user-friendly information.
(4) The Authority may set performance targets for
undertakings with universal service obligations. In so doing the
Authority shall have regard to any views expressed by interested
parties in particular pursuant to the public consultation as set out in
article 4A of the Malta Communications Authority Act.
(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.
(1) Where an undertaking designated as having an
obligation under regulations 21 to 28 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) shall be
accompanied by such supporting information as the Authority
may consider necessary to enable it to make a determination under
subregulation (3).
(3) The Authority shall, on the basis of information
provided pursuant to subregulation (2), determine whether an
obligation referred to in subregulation (1) may represent an unfair
burden on the undertaking concerned.
(4) Where the Authority determines that an obligation
referred to in subregulation (1) 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 Sixth Schedule; or
(b) where applicable, the net costs identified by a
designation method in accordance with regulation 22(4) .
(5) A designated undertaking referred to in
subregulation (1) shall provide such information as is reasonably
required by the Authority for the purposes of subregulation (4).
(6) Where the Authority determines that an obligation
referred to in subregulation (1) 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 subregulation (4)(a) shall
be audited or verified by the Authority or a body independent of
the relevant parties, after such body has been 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 30, 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) 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 subregulation
(1)(b), 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 30, of the obligations provided for in regulations
21 to 28, 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 Sixth Schedule.
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 service obligations as referred to in regulation 31 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 European Union 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.
The Authority may decide to make additional services,
apart from services within the universal service obligations as
defined in this Part, publicly available in Malta but, in such
circumstances, no compensation mechanism involving specific
undertakings may be imposed.
The Authority shall notify to the European Commission
at least
(a) the names of undertakings designated as
having universal service obligations under regulation 22;
(b) the universal service obligations imposed
upon undertakings designated as having universal service
obligations ; and
(c) any changes in the names and, or obligations
notified pursuant to subregulations (1) and (2).
PART VI
End-user interests and rights
(1) In accordance with the provisions of article
23 of the Act an undertaking providing connection to a public
communications network and, or publicly available electronic
communications services shall provide its subscribers with a
contract that shall specify in a clear and comprehensive manner at
(a) the identity, address and other relevant contact
details of the undertaking;
(b) details of the services provided, including in
particular
(i) whether or not access to emergency services
and provision of caller location information is being
provided, any limitations on the provision of emergency
services under regulation 43 and the means to address
such limitations;
(ii) information on any other conditions limiting
access to and, or use of services and applications,
including technical constraints, time and geographical
limitations and any other limitations resulting from
content rights;
(iii) information on instances and conditions
requiring or resulting in suspension and, or termination
of the service by a unilateral decision of the undertaking,
the method of notification of such suspension and, or
termination, maximum time period for reconnection and
any refund arrangements where applicable;
(iv) the service quality levels offered, including,
as a minimum, the
(1) maximum time for the initial connection
and disconnection;
(2) maximum repair time for faults or other
service failures;
(3) maximum response time for customer
complaints and information requests;
(4)
minimum service availability;
(5) minimum access speeds in case of
Internet service, ensuring that these do not differ
significantly from the marketed upper levels; and
where appropriate, other quality of service
parameters as defined by the Authority.
(v) information on any procedures put in place
by the undertaking to measure and shape traffic so as to
avoid filling or overfilling a network link and on how
those procedures could impact service quality;
(vi) the types of maintenance service offered
and customer support services provided, as well as their
hours of operation and the means of contacting these
services;
(vii) any restrictions imposed by the provider on
the use of terminal equipment supplied.
(c) the option for the subscriber to include his personal
data in a directory and have such data made available to
providers of directory enquiry services when requested, the
data concerned, and how to verify, correct or withdraw such
data free of charge in accordance with the applicable data
protection laws;
(d) details of prices, tariffs and other applicable
charges, including inter alia, access and usage charges,
installation, reconnection and maintenance charges, and any
penalties for damaged or unreturned terminal equipment
supplied, and the means by which further information on all
prices and tariffs however so described may be obtained;
(e) the right of the subscribers to request a basic level
of itemised bill free of charge through their preferred medium,
in accordance with regulation 38;
(f) in case of internet service including the provision
of e-mail service, the right of the subscriber to request e-mail
forwarding upon termination of the service, in accordance
with regulation 48;
(g) details of payment methods offered and any
differences in costs due to payment method, as well as any
measures that may be taken by the undertaking in the case of
non-payment of bills;
(h) the duration of the contract and the manner and
conditions for renewal and termination of services and of the
contract, including
(i) any minimum usage required to benefit from
promotional terms;
(ii) any charges related to portability of numbers
and other identifiers;
(iii) any minimum period of notice to be given by
either party to the contract to terminate the contract; and
(iv) any charges due on termination of the
contract, including any cost recovery with respect to
terminal equipment;
(i) the right of the subscribers to be notified in writing
at least thirty (30) days prior to the implementation of any
modifications to the contractual terms and conditions, and
their right to withdraw from their contract without penalty if
they do not accept the proposed modifications, in accordance
with article 23 of the Act;
(j) appropriate compensation and refund arrangements
if contracted service quality levels or terms and conditions are
not met;
(k) any other legal consequences which apply upon
breach of contract by either party;
(l) the method of initiating procedures for settlement
of disputes in accordance with article 44 of the Malta
Communications Authority Act and a reference to the
complaints handling procedure of the undertaking;
(m) the type of action that might be taken by the
undertaking in reaction to security or integrity incidents or
threats and vulnerabilities, including personal data breaches.
(2) The Authority may also require that the contract
includes any information relevant to the service provided, which
may be provided by the relevant public authorities for this purpose,
on the use of electronic communication networks and services to
engage in unlawful activities or to disseminate harmful content
and on the means of protection against risks to personal security,
privacy and personal data, referred to in regulation 37(6).
(3) An undertaking providing connection to a public
communications network and, or a publicly available electronic
communications service to consumers shall ensure that all users so
requesting may subscribe to such services.
(4) In addition to the above, an undertaking referred to
in subregulation (1) shall
(a) draw up contracts in accordance with subregulation
(1) in relation to every retail service provided, including
specific offers;
(b) make available the complete version of every
contract in all retail outlets and on any related website
operated or controlled by the undertaking;
(c) provide free of charge a copy of such contract in
printed form to all subscribers on conclusion of the contract
and to all users so requesting prior to the take-up of service;
(d) not conclude contracts with consumers, that
mandate an initial commitment period that exceeds twenty-
four months, or with other users so requesting in accordance
with subregulation (3); and
(e) offer all users the possibility to subscribe to
a contract with a maximum duration of twelve months,
provided that the tariffs charged for service are reasonable
when compared to those offered for the same service under
longer contract terms.
(1) Notwithstanding any provisions of a contract
entered into with an undertaking, subscribers shall have the right
at any time, to terminate the said contract through simple means,
subject to any prior notice not exceeding one month and to any
applicable termination charges.
(2) An undertaking providing connection to a public
communications network and, or publicly available electronic
communications services shall ensure that any direct charges to
subscribers requesting termination of contracts shall be justified
and reasonable. Any unutilised advance payment or deposit on
terminal equipment shall at no extra charge be promptly refunded
to the subscriber upon termination
Provided that no termination charges shall apply with
respect to contracts that have been renewed after an initial contract
period has expired.
(3) Without prejudice to any minimum contractual
period, the Authority may specify further requirements to be
complied with by undertakings referred to in subregulation
(2) so as to ensure that conditions and procedures for contract
termination, and any effects thereof, do not act as a disincentive
against changing service provider.
(4) An undertaking referred to in subregulation
(2) shall adopt proportionate and non-discriminatory measures
regarding suspension and termination of the service by a unilateral
decision of the undertaking as a result of any action or omission
purportedly carried by the subscriber.
(5) Except in cases of fraud, persistent late payment or
non-payment, any measures taken in accordance with subregulation
(4), shall ensure that
(a) appropriate notice in writing is given to subscribers
of any consequent service suspension;
(b) during the period of suspension, undertakings
providing an electronic communications service for
originating national calls to a number or numbers in a national
telephone numbering plan shall, subject to any decisions that
the Authority may issue, ensure that such measures allow a
period of limited service during which only calls that do
not incur a charge to the subscriber are permitted, including
incoming calls, calls to “112” and other emergency call
numbers, and calls to the customer service of the undertaking;
(c) termination shall take place only after the aforesaid
period of suspension has expired and appropriate notice in
writing of any consequent termination of service has been
given to subscribers;
(d) these measures are to ensure, as far as is technically
feasible, that any suspension or termination of the service is
confined to the part of the service or subscription to which the
action or omission leading to the suspension or termination
relates;
(e) the notice in writing referred to in paragraphs (c)
and (d) of this subregulation, shall specify as a minimum
(i)
the reasons for suspension and, or termination;
(ii)
the notice period;
(iii) any available course of action which should
be taken by the subscriber to avoid termination and to
have the service restored; and
(iv)
any charges due on termination.
(1) An undertaking providing connection to a public
electronic communications network and, or publicly available
electronic communications services shall, as a minimum, publish
in a transparent, comparable, adequate and up-to-date manner
(a) all the information specified in regulation 35(1);
(b) the information specified in accordance with
regulation 39(1), if so mandated by the Authority;
(c) any information about rights as regards universal
service mentioned in the Fourth Schedule, where applicable;
(d) the option of the user to subscribe to a contract
with a maximum duration of twelve months, in accordance
with regulation 35(4)(e).
(2) Without prejudice to any decisions that the
Authority may take in this regard, the information referred to in
subregulation (1) shall, be conveyed in a clear and comprehensive
manner to end-users, at least
(a) verbally by an authorised representative prior
to take up of service and conclusion of a contract, if so
requested;
(b) in writing at all retail outlets of the undertaking,
such that it is readily available for inspection free of charge
by the general public during normal office hours; and
(c) in writing on any website operated or controlled by
the undertaking, preferably through the same page where the
service is publicised or through a link set for this purpose, in a
size and graphic presentation enabling the easy identification
thereof.
(3) The Authority may specify additional requirements
regarding the form and manner in which the information referred
to subregulation (1) is to be published and, or made available in
accordance with subregulation (2).
(4) In addition to the obligations under subregulations
(1) to (3), the Authority may require undertakings providing public
electronic communications networks and, or publicly available
electronic communications services inter alia to
(a) provide applicable tariff information to end-users
regarding any number or service subject to particular pricing
conditions
Provided that with respect to individual categories of
services, the Authority may require such information to be
provided immediately prior to connecting the call;
(b) inform subscribers of any change to access to
emergency services or caller location information in the
service to which they have subscribed;
(c) inform subscribers of any change to conditions
limiting access to and, or use of services and applications;
(d) provide information on any procedures put in
place by the provider to measure and shape traffic so as to
avoid filling or overfilling a network link, and on how those
procedures could impact on service quality; and
(e) regularly inform disabled subscribers of details of
products and services designed for them
Provided that if deemed appropriate, the Authority may
promote self or co-regulatory measures prior to imposing any
obligation.
(5) The Authority shall encourage the provision of
clear, accurate, comparable and up-to-date information to enable
end-users, as far as appropriate, to make an independent evaluation
of the cost of alternative usage patterns, by means of, for instance,
interactive guides or similar techniques
Provided that where such facilities are not available on
the market free of charge or at a reasonable price, the Authority
shall make such guides or techniques available itself or through
third party procurement
Provided further that third parties shall have a right to
use, free of charge, the information published by undertakings
providing electronic communications networks and, or publicly
available electronic communications services, for the purpose
of selling or making available such interactive guides or similar
techniques.
(6) The Authority may require undertakings providing
public electronic communications network and, or publicly
available electronic communications services to distribute public
interest information free of charge to existing and new subscribers,
where appropriate, by the same means as those ordinarily used by
them in their communications with subscribers. In such a case,
that information shall be provided by the relevant public authorities
in a standardised format approved by the Authority, and shall, inter
alia, cover
(a) the most common uses of electronic
communications services to engage in unlawful activities
or to disseminate harmful content, particularly where it
may prejudice respect for the rights and freedoms of others,
including infringements of copyright and related rights, and
their legal consequences; and
(b) the means of protection against risks to personal
security, privacy and personal data when using electronic
communications services.
(1) An undertaking providing connection to a public
communications network and, or publicly available electronic
communications services, shall not issue any bill to a subscriber
unless every amount stated in that bill represents and does not
exceed the true extent of any such service actually provided to the
subscriber in question.
(2) An undertaking shall retain such records as
may be necessary, or as may from time to time be specified by
the Authority, for the purpose of establishing compliance with
subregulation (1) hereof.
(3) 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,
to ensure compliance with subregulation (1).
(4) Without prejudice to the right of subscribers
to receive non-itemised bills, an undertaking referred to in
subregulation (1) shall, on request, and free of charge, provide
post-paid subscribers with a basic level of itemised billing.
(5) In addition to its powers under regulation 28, the
Authority may, subject to the requirements of relevant legislation
on the protection of personal data and privacy, issue rules
regarding billing to be complied with by undertakings providing
connection to a public communications network and, or publicly
available electronic communications services in order to ensure
that subscribers can
(a) easily verify and control any charges incurred; and
(b) adequately monitor their usage and expenditure
and thereby exercise a reasonable degree of control over their
bills.
(6) In exercising any function in respect of this regulation
the Authority shall have regard to the need to reconcile the rights
of subscribers receiving itemised bills with the right of privacy of
calling users and called subscribers.
(1) The Authority may, after taking account of the Quality of service.
views of interested parties, require undertakings that provide
connection to a public communications network and, or publicly
available electronic communications services, to publish
comparable, adequate and up-to-date information for end-users
on the quality of their services and on measures taken to ensure
equivalence in access for disabled end-users
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, timing
and manner of information to be published, including possible
quality certification mechanisms, in order to ensure that end-users,
including disabled end-users, have access to clear, comprehensive,
comparable, reliable, up-to-date and user-friendly information
Provided that where appropriate the parameters,
definitions and measurement methods given in the Fifth Schedule
may be used.
(3) The Authority may set minimum quality of service
requirements on an undertaking or undertakings providing public
communications networks in order to, inter alia, prevent the
degradation of service and the hindering or slowing down of traffic
over networks
Provided that the Authority shall
(a) provide the European Commission, in good time
before setting any such requirements, with a summary of
the grounds for action, the envisaged requirements and the
proposed course of action. This information shall also be
made available to BEREC; and
(b) take the utmost account of the comments or
recommendations of the European Commission when
deciding on the requirements.
(4) 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 or
representatives however so described of such undertakings in their
dealings with end-users.
(1) An undertaking providing connection to a public
communications network and, or publicly available electronic
communications services shall establish and operate appropriate
and reasonable compensation and, or refund schemes to allow for
reimbursement of payments and compensation for losses incurred
where contracted service quality levels or terms and conditions are
not met by the undertaking for reasons that are not attributable to
the subscriber
Provided that such compensation and, or refund
arrangements shall not apply in cases of force majeure.
(2) If deemed necessary, the Authority may, having
regard to the nature of services and complaints, establish minimum
criteria for compensation schemes to be complied with by
undertakings.
(1) An undertaking providing publicly available Ensuring equivalence
electronic communications services shall take all necessary in
measures to ensure that disabled end-users have access to
electronic communications services equivalent to that enjoyed by
the majority of end-users.
(2) The Authority may specify, where appropriate,
requirements to be met by undertakings providing publicly
available electronic communications services to ensure that
(a) the requirements specified in subregulation (1) are
met; and
(b) disabled end-users can benefit from the choice of
undertakings and services available to the majority of end-
users.
(3) In order to be able to adopt and implement specific
arrangements for disabled end-users, the Authority shall encourage
the availability and affordability of terminal equipment offering the
necessary services and functions.
(1) An undertaking providing a publicly available
telephone service shall ensure that subscribers may without charge,
and subject to their prior approval
(a) have an entry in a directory provided in accordance
with regulation 24 and verify, correct and withdraw their data,
upon request; and
(b) have their information made available to providers
of directory enquiry services and, or directories in accordance
with subregulation (2).
(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, in accordance with any decisions the Authority may
issue in this regard, on terms which are fair, objective, cost oriented
and non-discriminatory.
(3) An undertaking providing a publicly available
telephone service shall ensure that all end-users can access
directory enquiry services.
(4) The Authority may impose obligations and
conditions on undertakings that control access to end-users for
the provision of directory enquiry services in accordance with the
provisions of regulation 9
Provided that such obligations and conditions shall be
objective, equitable, non-discriminatory and transparent.
(5) The Authority shall not maintain any regulatory
restriction that prevents an end-user in a Member State from
accessing directly the directory enquiry service in Malta by voice
call or SMS, and shall take measures to ensure such access in
accordance with regulation 45.
(6) This regulation applies subject to the requirements
of European Union law and national legislation on the protection
of personal data and privacy.
(1) An undertaking providing end-users with an
electronic communications service for originating national calls
to a number or numbers in a national telephone numbering plan,
including public pay telephones, shall ensure that, in addition to
any other national emergency call number that may be specified by
the Authority, all end-users are able to call the emergency services
free of charge, without the use of any means of payment, by using
the single European emergency call number “112”.
(2) An undertaking shall ensure that access for disabled
end-users to emergency services is equivalent to that enjoyed by
the majority of end-users
Provided that measures taken to ensure that disabled
end-users are able to access emergency services whilst travelling
in Malta shall be based to the greatest extent possible on European
standards or specifications published in accordance with the
provisions of Article 17 of the Framework Directive
Provided further that these standards and, or
specifications shall not prevent the Authority from adopting
additional requirements in order to pursue the objectives set out in
this regulation.
(3) An undertaking concerned shall make caller
location information available free of charge to the authority
handling emergency calls as soon as the call reaches that authority.
This shall apply to all calls to the single European emergency call
number “112” and any national emergency call number that may
be specified by the Authority.
(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 Malta and other Member
States
Provider further that end-users in the locations
concerned shall be fully informed of such arrangements.
(2) An undertaking providing publicly available
telephone services allowing international calls shall handle all calls
to and from the European Telephony Numbering Space (ETNS) at
rates similar to those applied for calls to and from other Member
States.
(3) The Authority may specify requirements to ensure
compliance by undertakings with subregulation (2).
(1) The Authority may specify requirements for
compliance by undertakings operating a public telephone network
or providing publicly available telephone services for the purpose
of ensuring that, where technically and economically feasible,
and except where a called subscriber has chosen for commercial
reasons to limit access by calling parties located in specific
geographical areas, end-users are able to
(a) access and use services using non-geographic
numbers within the European Union; and
(b) access all numbers provided in the European
Union, regardless of the technology and devices used by the
operator, including those in the national telephone numbering
plans of Member States, those from the ETNS and Universal
International Freephone Numbers (UIFN).
(2) The Authority may require undertakings providing
public communications networks and, or publicly available
electronic communications services to block, on a case-by-
case basis, access to numbers or services where this is justified
by reasons of fraud or misuse and to require that in such cases
providers of electronic communications services withhold relevant
interconnection or other service revenues.
(1) Without prejudice to regulation 28(2) an
undertaking providing publicly available telephone services and,
or access to public communications networks shall make available
to end-users all or part of the additional facilities listed in Part B of
the Fourth Schedule, subject to technical feasibility and economic
viability, as well as all or part of the additional facilities listed in
Part A of the Fourth Schedule.
(2) The Authority may waive the obligations under
subregulation (1) 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.
(1) An undertaking shall ensure that all subscribers
which were assigned numbers from the national telephone
numbering plan may, upon request, retain their number or numbers
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) relates,
for the purpose of ensuring that pricing between operators and,
or service providers related to the provision of number portability
is cost oriented, and that direct charges to subscribers, if any, do
not act as a disincentive for subscribers against changing service
provider.
(3) Obligations under subregulation (2) may include a
requirement that there shall be no direct charges to subscribers for
number portability
Provided that 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.
(4) Porting of numbers and their subsequent activation
shall be carried out within the shortest possible time
Provided that in any case, subscribers who have
concluded an agreement to port a number to a new undertaking
shall have that number activated within one working day.
(5) Without prejudice to subregulation (1), the
Authority may establish the global process of porting of numbers,
taking into account national provisions on contracts, technical
feasibility and the need to maintain continuity of service to the
subscriber
Provided that in any event, loss of service during the
process of porting shall not exceed one working day.
(6) The Authority may specify measures for
compliance by undertakings for the purpose of ensuring that
subscribers are protected throughout the switching process and are,
inter alia, not switched to another provider against their will.
(7) Undertakings shall establish compensation
mechanisms to be approved by the Authority, in accordance with
any measures that the Authority may specify in this regard, in case
of delay in porting or abuse of porting by them or on their behalf.
(1)
For the purpose of this regulation
(a) “original e-mail address” means an e-mail address
provided as part of an Internet service being terminated by a
subscriber; and
(b) “new e-mail address” means an e-mail address
provided by the subscriber to the undertaking providing the
original e-mail address.
(2) An undertaking providing Internet service which
includes the provision of an e-mail service operated by that
undertaking shall, upon request by a subscriber terminating his
internet service, offer the following services, free of charge, for a
minimum period of twelve (12) months, or any other period as may
be specified by the Authority
(a) the forwarding of any electronic mail received on
the original e-mail address to the new e-mail address; and
(b) an automated reply to any electronic mail received
on the original e-mail address with a message informing the
sender of the forwarding service referred to in paragraph (a)
above, and the new e-mail address, where the subscriber so
requests.
(3) An undertaking referred to in subregulation (2),
shall not allocate the original e-mail address to any other subscriber
for a minimum period of five years, or any other period as may be
specified by the Authority, following termination of the internet
service by the subscriber.
(4) An undertaking referred to in subregulation (2)
shall in all circumstances inform subscribers of their right under
this regulation prior to termination of an internet service.
(1) The Authority may impose reasonable “must carry”
obligations for the transmission of specified radio and television
broadcast channels and complementary services, particularly
accessibility services to enable appropriate access for disabled
end-users, on undertakings providing electronic communications
networks used for the distribution of radio or television broadcasts
channels 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.
(2) The Authority may determine, in a proportionate
and transparent manner, the appropriate remuneration, if any, in
respect of measures taken in accordance with subregulation (1)
Provided that in doing so the Authority shall ensure that
in similar circumstances there is no discrimination in the treatment
of undertakings providing electronic communications networks.
(3) The Authority shall review “must carry” obligations
on a regular basis.
PART VII
Security of networks and services
(1) In this Part “international gateway operator” Interpretation.
means an undertaking providing or authorised to provide a public
electronic communications network which includes an international
connection.
(1) An undertaking providing publicly available
electronic communications services over public communications
networks, shall take all necessary measures to ensure the fullest
possible availability of such service in the event of catastrophic
network breakdown or in cases of force majeure.
(2) An undertaking providing a publicly available
telephone service shall take all necessary measures to ensure
uninterrupted access to emergency services.
(3) The Authority may specify obligations to be
complied with by undertakings for the purpose of ensuring
compliance with this regulation.
(1) An undertaking providing connection to a public
communications network and, or publicly available electronic
communications services shall take appropriate technical and
organisational measures to appropriately manage the risks posed
to, and safeguard, the security of the networks and services. In
particular, measures shall be taken to prevent and minimise the
impact of security incidents on users and interconnected networks.
(2) For the purposes of this regulation, measures shall
only be taken to be appropriate if, having regard to –
(a) the state of technological development, and
(b) the cost of implementing the measures,
they are proportionate to the risks against which they
would afford safeguards.
(3) An undertaking providing a public communications
network shall take all appropriate steps to guarantee the integrity
of its network, and thus ensure the continuity of supply of services
provided over the network.
(1) Without prejudice to any other obligations under
this Part, an international gateway operator shall at all times
(a) adopt appropriate measures to safeguard the
integrity and resiliency of the network elements utilised to
provide international connectivity;
(b) secure the availability of capacity, or have in place
alternative measures, sufficient to ensure an adequate level of
uninterrupted international connectivity.
(2) An international gateway operator shall not
unreasonably refuse the provision of capacity to another
international gateway operator for the purposes of meeting the
obligations established by subregulation (1)
Provided that the Authority shall have the discretion
to determine whether an international gateway operator acted
unreasonably or otherwise by taking into account the specific
circumstances relating to the request for the provision of capacity.
(1) The Authority may, from time to time, issue
guidelines as it may consider necessary for the carrying into effect
of this Part.
(2) Without prejudice to the generality of subregulation
(1) the Authority may, in pursuance of its powers under this Part,
oblige undertakings providing a public communications network
and or public communications services, and international gateway
operators to
(a) establish the necessary contingency plans for
the purpose of complying with the provisions of these
regulations;
(b) to periodically submit such contingency plans to
the Authority;
(c) provide information needed to assess the security
and, or integrity of their services and networks, including
documented security policies;
(d) commission an independent audit, payable by the
undertaking or international gateway operator in question, in
order to assess
(i) the level of security, integrity and resiliency of
any the public communications network and, or service,
or of the network elements operated by an international
gateway operator, and
(ii) compliance with any guidelines or conditions
that the Authority may establish in accordance with the
provisions of this Part;
(e) publish information regarding the plans and
measures that it has put in place in order to meet the
obligations under this Part and to comply with any guidelines
and, or conditions issued or specified in accordance with this
subregulation.
(3) The Authority may investigate cases of non-
compliance and the effects thereof on the security and integrity of
the networks.
Where, notwithstanding the taking of the measures
required under this Part, there is a significant risk of a breach of
the security or integrity of the services or network or of failure or
serious degradation of international connectivity or of the services
provided, the undertaking providing the network elements or
service concerned shall, without undue delay, appropriately notify
in writing the Authority and any users concerned, at least of –
(a) that risk;
(b) any remedies appropriate to afford safeguards
against that risk which the users themselves might take, where
the risk lies outside the scope of the measures to be taken by
the undertaking, and the costs involved in relation to such
remedies; and
(c) the contact points where more information can be
obtained.
(1) In the event of
(a) a breach of security or loss of integrity that has had
a significant impact on the operation of networks or services;
(b) failure or serious degradation of international
connectivity,
the undertaking providing the network elements or
service concerned shall, without undue delay, appropriately
notify the Authority, unless otherwise specified by the
Authority, with at least the nature of the breach of security
or loss of integrity or serious degradation or failure, the
related consequences, and the measures proposed or taken
by the undertaking to remedy such breach, failure or serious
degradation.
(2) Where appropriate, the Authority shall inform the
national regulatory authorities in other Member States and the
European Network and Information Security Agency (ENISA) of
any event referred to in subregulation (1).
(3) Where the Authority determines that disclosure
of the breach in any event referred to in subregulation (1) is in
the public interest, it may then inform the public or require the
undertaking concerned to do so.
(4) The Authority shall, on an annual basis, submit a
summary report to the European Commission and ENISA on the
notifications received and the action taken in accordance with this
regulation.
PART VIII
Protection of Privacy
(1) Unless otherwise stated in this Part, the definitions
in the Act and in the Data Protection Act shall apply.
(2) In this Part unless the context otherwise requires
“the Commissioner” means the Data Protection
Commissioner;
“communication” means any information exchanged
or transmitted between a finite number of parties by
means of a publicly available electronic communications
service. This does not include any information conveyed
as part of a broadcasting service to the public over a public
communications network except to the extent that the
information can be related to the identifiable subscriber or
user receiving the information;
“consent” means consent by a user or subscriber
and corresponds to the consent given by a data subject in
accordance with article 2 of the Data Protection Act;
“emergency access numbers” means such numbers as
are established in accordance with the Act or any regulations
made thereunder to ensure the access of all users to
emergency services; and
“location data” means any data processed in a
public communications network or by a public electronic
communications service, indicating the geographic position
of the terminal equipment of a user of a publicly available
electronic communications service.
An undertaking which provides publicly available Obligation to inform.
electronic communications services shall inform subscribers and,
if possible, users about the existence of any situations allowing the
contents of communications to be unintentionally made known to
persons who are not party to them.
(1) Where presentation of calling-line identification
is offered, the undertaking which provides publicly available
electronic communications services shall ensure that
(a) the calling user shall have the possibility, using
a simple means and free of charge, of preventing the
presentation of the calling-line identification on a per call
basis. The calling subscriber shall have this possibility on a
per line basis;
(b) the called subscriber shall have the possibility,
using a simple means and free of charge for reasonable use of
this function, of preventing the presentation of the calling line
identification of incoming calls;
(c) where the calling line identification is presented
prior to the call being established, the undertaking which
provides publicly available electronic communications
services shall ensure that the called subscriber shall have the
possibility, using a simple means, of rejecting incoming calls
where the presentation of the calling line identification has
been prevented by the calling user or subscriber.
(2) Where presentation of connected line identification
is offered, the undertaking which provides publicly available
electronic communications services shall ensure that the called
subscriber shall have the possibility, using a simple means and
free of charge, of preventing the presentation of the connected line
identification to the calling user.
(3) The provisions of subregulation (1)(a) shall also
apply with regard to calls to other countries, whereas the provisions
of subregulations (1)(b),(c) and (2) shall apply to incoming calls
originating in other countries.
(4) Where the presentation of calling or connected line
identification is available, the undertaking which provides publicly
available electronic communications services or the undertaking
which provides a public communications network shall inform
subscribers and users of the existence of such services as well as of
the possibilities referred in subregulations (1) and (2).
(5) Subregulations (1) and (3) shall not apply when
a law specifically provides for measures to restrict the scope of
such rights and obligations where such restrictions constitute a
necessary, appropriate and proportionate measure required in the
interest of
(a) national security;
(b)
defence;
(c) public security;
(d) the prevention, investigation, detection and
prosecution of criminal or administrative offences, or of
breach of ethics for regulated professions;
(e) an important economic or financial interest
including monetary, budgetary and taxation matters;
(f) a monitoring, inspection or regulatory function
connected, even occasionally, with the exercise of official
authority referred to in paragraphs (c), (d) and (e); or
(g) the protection of the subscriber or user or of the
rights and freedoms of others.
(1) An undertaking which provides a public
communications network and, or a publicly available electronic
communications service shall override anything done to prevent
the presentation of the identity of a calling line where
(a) a subscriber has requested the tracing of malicious
or nuisance calls received on his line, and
(b) such an undertaking is satisfied that such action
is necessary and expedient for the purposes of tracing such
calls
Provided that the data containing the identification of
the calling subscriber shall be stored and made available by the
aforesaid undertaking to the competent authority in accordance
with the relevant legislation
Provided further that the aforesaid undertaking shall
abide with any decision that the Authority may from time to
time issue where the Authority considers that the aforesaid
undertaking has not taken adequate measures in accordance with
the requirements of this regulation.
(2) The overriding of the elimination of the
presentation of the calling line identification in accordance with
subregulation (1) may only be provided for the duration of the
period during which the malicious or nuisance calls take place.
(3) A request under this regulation shall be made in
writing and shall include such information as may be necessary for
the processing of the request. In cases of urgency a verbal request
may be made provided a written request is sent within twenty-four
hours of the request made verbally.
(4) An undertaking which provides publicly available
electronic communications services shall override the elimination
of the presentation of calling line identification and the temporary
denial or absence of consent of a subscriber or user for the
processing of location data, on a per line basis, for calls made to
emergency access numbers for the purpose of responding to such
calls.
(1) An undertaking which provides a public
communications network and, or publicly available electronic
communications services shall ensure that any subscriber has the
possibility, using a simple means and free of charge, of stopping
automatic call forwarding by a third party to the terminal of that
subscriber’s without delay.
(2) For the purpose of this regulation, the undertaking
providing publicly available electronic communications services
to the third party referred to in subregulation (1) shall comply with
any reasonable requests made by the undertaking referred to in
subregulation (1).
Regulations 59, 60 and 61 shall apply to subscriber lines
connected to digital exchanges, and where technically possible
and if it does not require a disproportionate economic effort, to
subscriber lines connected to analogue exchanges.
(1) A person who suffers any loss or damage because
of any contravention of any regulations under this Part by any other
person shall be entitled to take action before the competent court
or tribunal however so described seeking compensation from that
other person for that loss or damage.
(2) The period of limitation provided for in article
46(2) of the Data Protection Act shall apply to an action under
subregulation (1) of this regulation.
(1) The Authority may request the advice of and where
appropriate shall consult with the Commissioner in the exercise of
any of its functions under this Part.
(2) Where it is alleged or proven that any of
the provisions under this Part have been contravened, the
Commissioner or any aggrieved person may request the Authority
to investigate and, or exercise its enforcement functions as it may
deem necessary in respect of that contravention
Provided that nothing in this regulation shall be
interpreted as a limitation on the discretionary powers of the
Authority.
PART IX
General authorisation for the provision of networks and
services
(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) publicly available telephone directories and
directory enquiry services; and
(g) 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.
(1) In accordance with the Act, any person who
intends to provide an electronic communications network and, or
an electronic communications service shall, before doing so, notify
in writing the Authority of his intention to provide such a network
or service.
(2) A notification under subregulation (1) 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 providing information on the network
or service to be provided, specifying also the network and, or
service in accordance with regulation 65(2),
(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), 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 70.
(4) An authorised undertaking shall notify in writing
the Authority of any changes to the information supplied under
subregulation (2) (a) to (c) within fourteen days of such change
and in relation to the matters referred to in subregulation (2) (d) to
(f) 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). Any such undertaking is deemed to be
authorised under these regulations.
(6) An authorised undertaking shall notify in writing
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 66; 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 66.
(1) The Authority shall establish and maintain a Register of authorised
register of those undertakings that have notified the Authority of undertakings.
an intention to provide a network or service pursuant to regulation
66 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 -
(a) provide the electronic communications networks
or services as described in a notification made in accordance
with regulation 66;
(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.
(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
IV, 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 22 to carry out obligations
referred to in that regulation.
(1) The conditions applicable to general authorisations
shall be those as stated in the Ninth Schedule
Provided that the Authority may with the approval of
the Minister in accordance with the provisions of article 19 of the
Act, amend the Ninth Schedule. In doing so the Authority shall
not impose any conditions not listed under Part A of the Seventh
Schedule
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), 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 authorization, 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
Eighth Schedule
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 Non-compliance with
enjoys a general authorisation is not complying with one or conditions
more conditions of a general authorisation, the Authority may
in accordance with the appropriate provisions under Part VII of
the Malta Communications Authority Act, take such measures as Cap.418
it considers appropriate, including interim measures, to ensure
compliance.
PART X
Rights of use
(1) In pursuance of the provisions of article 37 of the Rights of use of radio
Act, the Authority shall
(a) 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 order to
(i) avoid harmful interference;
(ii)
ensure technical quality of service;
(iii)
safeguard efficient use of spectrum; or
(iv) fulfil other objectives of general interest as
defined by Member States in conformity with European
Union law.
(b) advise the Minister as to any frequencies the use
of which may be covered by a general authorisation, and any
conditions for the use of such radio frequencies to be included
under a general authorisation.
(2) The Authority shall establish open, objective,
transparent, nondiscriminatory and proportionate procedures for
the grant of rights of use of radio frequencies and shall make such
procedures publicly available. Such procedures shall be without
prejudice to
(a) the specific criteria and procedures for the grant of
a licence in relation to apparatus for radiocommunications;
and
(b) the specific criteria and procedures adopted for
the granting of rights of use of radio frequencies to providers
of radio or television broadcast content services with a view
to pursuing general interest objectives in conformity with
European Union law.
(3) The Authority shall, subject to regulation 73(4),
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
Provided that the time limit shall be without prejudice to
any applicable international agreements relating to the use of radio
frequencies or of orbital positions.
(4) The Authority shall communicate a decision
referred to in subregulation (3) 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.
(5) 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 73.
Where the Authority is considering whether to limit
the number of rights of use to be granted for radio frequencies
or whether to extend the duration of existing rights other than in
accordance with the terms specified in such rights, 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 4A
of the Malta Communications Authority Act;
(c) publish any decision to limit the granting of rights
of use or the renewal of rights of use, stating the reasons
therefor;
(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, nondiscriminatory and proportionate
Provided that any such selection criteria shall give due
weight to the achievement of the objectives of article 4 of the Act
and the requirements of Article 9 of the Framework Directive.
(4) Where competitive or comparative selection
procedures are to be used, the Authority may extend the maximum
period of six weeks referred to in regulation 72(3) 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
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
(a) when such revocation, suspension or change is
requested by the undertaking;
(b) when international harmonisation necessitates such
revocation, suspension or change;
(c) in cases of serious and repeated breaches of the
general authorisation conditions and, or of the conditions
related to rights of use;
(d) when necessary as part of a change to the national
radio frequency plan;
(e) when necessary in order to ensure that competition
is not distorted by any transfer or accumulation of rights of
use of radio frequencies, in which cases it may also order the
sale or the lease of rights to use radio frequencies
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
Provided further that prior to the revocation, suspension
or change of right of use, or order to sell or lease rights to
use radio frequencies, as a measure to ensure that competition
is not distorted by any transfer or accumulation of rights of
use of radio frequencies, the Authority shall publish for
consultation its analysis of the impact on competition of the
transfer or accumulation of rights of use, and its proposed
measure.
(1) In the exercise of their functions under the Act, the Harmonised
Minister and the Authority shall promote the harmonisation of use assignment
of radio frequencies across the European Union, consistent with
the need to ensure effective and efficient use thereof and in pursuit
of other benefits such as economies of scale and interoperability of
services. In so doing, they shall act in accordance with European
Union law, relevant international agreements, including the ITU
Radio Regulations, and shall take public policy considerations into
account.
(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 Union rules, the Authority shall grant the right of
use for such radio frequencies in accordance therewith
Provided that where 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.
(3) The Minister and the Authority shall in their
respective functions cooperate with other Member States and with
the European Commission in the strategic planning, coordination
and harmonisation of the use of radio spectrum in the European
Union. To this end, they shall take into consideration inter alia the
economic, safety, health, public interest, freedom of expression,
cultural, scientific, social and technical aspects of European Union
and national policies as well as the various interests of radio
spectrum user communities with the aim of optimising the use of
radio spectrum and avoiding harmful interference.
(4) Such cooperation shall promote the coordination
of radio spectrum policy approaches in the European Union and,
where appropriate, harmonised conditions with regard to the
availability and efficient use of radio spectrum necessary for the
establishment and functioning of the internal market in electronic
communications.
(1) When granting rights of use for radio frequencies
or making such use subject to a general authorization, the
Authority shall specify conditions to be attached to such rights of
use or authorisations of radio frequencies as listed in Part B of the
Seventh Schedule.
(2) When granting rights of use for a limited period
of time, the duration shall be appropriate for the service concerned
taking due account of the need to allow for an appropriate period
of investment amortization.
(3) The Authority may specify that certain conditions
shall not apply to such categories of undertakings as may be
specified by the Authority.
(4) Any conditions attached to rights of use of radio
frequencies or non-application of conditions to such categories
of undertakings as may be specified by the Authority under
subregulations (1) and (2) shall be in accordance with Articles
9 and 9b of the Framework Directive, 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.
(5) 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.
(6) Where individual rights to use radio frequencies
are granted for ten (10) years or more and such rights may not be
transferred or leased between undertakings pursuant to article 45
of the Act, the Authority shall ensure that the criteria for granting
individual rights of use apply and continue to be met for the
duration of the licence, in particular upon a justified request of the
holder of the right
Provided that if the criteria are no longer applicable, the
individual right of use shall be changed into a general authorisation
for the use of radio frequencies, subject to prior notice and after a
reasonable period, or shall be made transferable or subject to lease
between undertakings in accordance with article 45 of the Act.
(7) Any person authorised to use radio frequencies
shall pay to the Authority such fees for rights of use of radio
frequencies as may be established under Part B of the Eighth
Schedule
Provided that in all cases, any such fees shall be
established in accordance with article 18 of the Act.
(1) The Authority may, on receipt of an application Rights of use of
in such form as it may, from time to time, determine, grant a right numbers
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 telephone
numbering plan, within three (3) weeks after such receipt
Provided that, where it has been decided after
consultation in accordance with article 4A of the Malta
Communications Authority Act that rights of use of numbers of Cap.418
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) 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 any information
which the Authority considers confidential, make public such
decision as soon as is reasonably practicable thereafter.
(1) The Authority shall specify conditions to be Conditions attached
attached to a right of use of numbers as are listed in Part C of to the rights of use of
the Seventh Schedule. 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) 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 ) T h e A u t h o r i ty s h a ll e n s u r e th a t w h e r e 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 Eighth Schedule
Provided that in all cases any such fees shall be
established in accordance with article 18 of the Act.
The Authority may revoke, suspend or change number
use, for the following reasons
(a) when such revocation, suspension or change is
requested by the undertaking;
(b) when international harmonisation necessitates such
revocation, suspension or change;
(c) in cases of serious and repeated breaches of the
general authorisation conditions and, or the conditions related
to rights of use;
(d) when necessary as part of a change to the national
telephone 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.
PART XI
Publication and provision of information
(1) The Authority shall ensure that all relevant
information on rights, conditions, procedures, charges, fees and
decisions concerning general authorisations, rights of use and
rights to install facilities 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 information referred to in subregulation (1)
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.
(1) The Authority shall cause to be published, in Publication of, and
any manner it considers appropriate, a notice of the imposition, access
amendment or revocation of obligations related to access and interconnection.
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), 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) Without prejudice to article 4(10) of the Malta
Communications Authority Act, the Authority may in particular
require
(a) undertakings with significant market power on
wholesale markets to submit to it accounting data on the retail
markets associated with those wholesale markets;
(b) undertakings providing electronic communications
networks or services covered by the general authorisation
or enjoying rights of use of radio frequencies or numbers to
provide all information necessary to verify compliance with
the conditions of the general authorisation or of rights of use
or in relation to any other obligations imposed under the Act
or these regulations.
(2) Without prejudice to subregulation (1) and any
information and reporting obligations under any other laws, the
Authority may only require undertakings to provide information
under the general authorisation, for rights of use or in relation to
any other obligations imposed under the Act or 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 conditions 2 and 7 of Part C of the Seventh
Schedule and of compliance with obligations as referred to in
Part 1 of the Ninth Schedule;
(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 price of services for the benefit of consumers;
(e) clearly defined statistical purposes;
(f) market analysis made under these regulations;
(g) safeguarding the efficient use and ensuring the
effective management of radio frequencies;
(h) evaluating future network or service developments
that could have an impact on wholesale services made
available to competitors
Provided that the information referred to in paragraphs
(a), (b), (d), (e), (f), (g) and (h) 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 subregulations (1) and (2), it
shall, in accordance with article 4(11) of the Malta Communications
Authority Act, inform them of the specific purpose for which this
information is to be used.
(1) In accordance with the provisions of the Act,
the 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 Treaties establishing the European
Union.
(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
forward such information 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, in accordance
with article 4(12) of the Malta Communications Authority Act, Cap.418
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) but at
its sole discretion, make an explicit and reasoned request to the
European Commission not to make any information provided
under subregulation (1) 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 Cap.418
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 Union law.
(5) Where the Authority considers that information
to be made available under subregulation (4) 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 European Union 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.
PART XII
Miscellaneous
(1) A person who places on the market for sale, or
rent, or otherwise makes available, consumer equipment intended
for the reception of conventional digital television signals (namely
broadcasting via terrestrial, cable or satellite transmission which is
primarily intended for fixed reception, such as DVB-T, DVB-C or
DVB-S), 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, currently
ETSI; 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 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) The Authority shall, having regard to its objectives Interoperability of
under article 4 of the Act and its functions under these regulations, digital
encourage -
(a) providers of digital interactive television services
for distribution to the public in the European Union 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;
(c) providers of digital television services and
equipment to cooperate in the provision of interoperable TV
services for disabled end-users.
(2) Without prejudice to regulation 9(1)(c), the
Authority shall, having regard to its objectives under article 4
of the Act and its functions under these regulations, encourage
proprietors of application programme 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 programme interface in a
fully functional form.
(1) The Authority shall define the technical and Legal interception.
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)
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) 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) shall do so in
accordance with any cost sharing mechanism as may be established
by the Authority.
(1) The Authority shall encourage the use of the non-
compulsory standards and, or specifications referred to in Article
17(1) of the Framework Directive, for the provision of services,
technical interfaces and, or network functions, to the extent strictly
necessary to ensure interoperability of services and to improve
freedom of choice for users.
(2) In cases where standards and, or specifications
have not been published in accordance with Article 17(1) of
the Framework Directive, the Authority shall encourage the
implementation of standards and, or specifications adopted by the
European Standards Organisations.
(3) In the absence of standards and, or specifications
adopted by the European Standards Organisations, the Authority
shall encourage the implementation of international standards or
recommendations adopted by the International Telecommunication
Union (ITU), the European Conference of Postal and
Telecommunications Administrations (CEPT), the International
Organisation for Standardisation (ISO) or the International
Electrotechnical Commission (IEC).
Any right of use of radio spectrum resulting from any Rights of Use of radio
licence issued under the Radiocommunications Act in connection spectrum
with the operation of any electronic communications network Radiocommunications
regulated under the Act prior to the coming into force of the Act.
Electronic Communications Networks and Services (General)
Regulations, 2004 as substituted by these regulations, shall for the
purposes of the Act as from the date of the coming into force of
the Electronic Communications Networks and Services (General)
Regulations, 2004, as substituted by these regulations, be deemed Cap. 49.
to be a right granted under the Act subject to the same conditions as
those under which it was granted under the Radiocommunications
Act, 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 the Electronic
Communications Networks and Services (General) Regulations,
2004 as substituted by these regulations, be those established in
the Eighth Schedule of these regulations and shall be enforceable
under the Act
Provided further that where the Eighth Schedule 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 the Electronic Communications Networks
and Services (General) Regulations, 2004 as substituted by these
regulations.
Those regulations made under the Telecommunications
(Regulation) Act and which are still in force, shall be interpreted
in accordance with the provisions of the Telecommunications
(Regulation) Act as in force prior to the coming into force of the
Communications Laws (Amendment) Act, 2004.
(1) The Authority shall be responsible to ensure Compliance.
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 decisions it may consider to be
necessary in this regard.
(2) A person shall in all instances comply with
any decision of the Authority issued under these regulations
notwithstanding any dispute, appeal or any legal proceedings
contemplated or commenced in relation to the said decision.
(3) A person who fails to comply with any decision
issued by the Authority under these regulations shall be considered
to have acted in breach of these regulations.
Without prejudice to any enforcement action that the
Authority is entitled to take in accordance with the Act and any
other law it is entitled to enforce, if an undertaking fails to pay to
the Authority any sum due by or under these regulations, interest
at the rate of eight percent per annum shall accrue as from the date
when any such sum falls due.
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.
(1) The following regulations are being revoked
(i) Electronic Communications Networks and Services
(General) Regulations, 2004;
(ii) Overseas Telephone Service Regulations, 1957;
(iii)
Overseas Telephone (Cable Service) Regulations,
1957;
(iv) Telegraphic and Telex Service Tariffs Regulations,
1977;
(v) Electronic Communications Appeals Board
(Jurisdiction) Regulations, 1998;
(vi) Rate Mechanism to be applied to certain Electronic
Communications Services Order, 1998;
(vii) Internet and other Data Networks (Service
Providers) Regulations, 1999;
(viii) Electronic Communications Services (General)
Regulations, 2000;
(ix) Notice of Designated Companies Order, 2000;
(x) Electronic Communications Services (Modification
of Maltacom P.L.C. and Vodafone Malta Limited Licences)
Regulations, 2000;
(xi) Interconnection (Obligation and Rates)
Regulations, 2000;
(xii) Electronic Communications Service (Modification
and Provision in respect of a Joint Venture and Shareholders
Agreement (Regulation), 2000;
(xiii)
Nomination of Competent Authority Order,
2000;
(xiv) Fees payable on the Filing of Judicial Acts in
connection with Appeals Regulations, 2001;
(xv) Electronic Communications (Personal Data and
Protection of Privacy) Regulations 2003;
(xvi) Electronic Communications (Unbundled Access
to the Local Loop) Regulations, 2003;
(xvii) Electronic Communications (Leased Lines)
Regulations, 2003;
(xviii) International Connectivity (Continuity of
Operation) Regulations, 2009.
(2) The revocation of the regulations listed in
subregulation (1) of this regulation shall be without prejudice to
the validity of anything done or still to be done under any of the
said laws.
B
SCHEDULES