Satellite Services) Regulations, 2011

L.N. 397 of 2011

ELECTRONIC COMMUNICATIONS (REGULATION) ACT

(CAP. 399)

Authorisation of Frequency Use (Provision of 2GHz Mobile

Satellite Services) Regulations, 2011

IN exercise of the powers conferred by article 47 of the

Electronic Communications (Regulation) Act, the Minister for

Infrastructure, Transport and Communications, after consultation

with the Minister of Finance, the Economy and Investment, and

with the Malta Communications Authority, has made the following

regulations:-

The title of these regulations is Authorisation of

Frequency Use (Provision of 2GHz Mobile Satellite Services)

Regulations, 2011.

Regulation 3(3)

Fees payable or the provision of mobile satellite services

1. One time administrative fee payable within one month from

the date of publication of an authorisation in accordance

with regulation 3

€2,000

2. Annual fee to be paid on or before the anniversary of the authorisation: €1,000.

€0.45

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

a reference to the Electronic Communications (Regulation) Act,

and subject to the provisions of sub-regulation (2) hereof, the

provisions of article 2 of the Act shall apply to these regulations.

(2)

In these regulations, unless the context otherwise

requires

“authorisation” means an authorisation granted under

regulation 3;

“the Authority” means the Malta Communications

Authority;

“the Commission Decision” means Decision 2009/449/

EC of the Commission on the selection of operators of pan-

European systems providing mobile satellite services (MSS);

“complementary ground components” means ground-

based stations used at fixed locations in order to improve the

availability of mobile satellite services in the geographical

area covered by those services;

“the EU Decision” means Decision 626/2008/EC of the

European Parliament and of the Council on the selection and

authorisation of systems providing mobile satellite services

(MSS);

“mobile satellite services” means radio communication

services provided by an electronic communications

network and associated facilities capable of providing radio

communication services between a mobile earth station in

Malta and one or more space stations, or between mobile

earth stations in Malta by means of one or more space

stations;

“selected applicants” means Inmarsat Ventures

Limited, a company incorporated in England and Wales with

number 03674573, and Solaris Mobile Limited a company

incorporated in the Republic of Ireland with number 426976,

which are identified as the eligible applicants under Article 2

of the Commission Decision.

(1) The Authority shall grant an authorisation under Granting of

these regulations to each of the selected applicants for use in Malta selected applicants.

of the frequencies specified for that selected applicant in Article L.N. 273 of 2011.

3 of the Commission Decision subject to the conditions set out in

these regulations, which grant shall become effective on the date of

its publication in the official website of the Authority

Provided that in issuing any such authorisation the Authority

may provide for any objectively justified, non-discriminatory,

proportionate and transparent conditions as it may consider

necessary in the circumstances and as are in accordance with the

EU Decision and the Commission Decision

Provided further that any such authorisations shall be valid for

a period of eighteen years commencing from the 13th May 2009.

(2) For the purposes of sub-regulation (1), the

frequencies specified in Article 3 of the Commission Decision are

the following

(a) Inmarsat Ventures Limited, from 1980 to 1995

MHz for earth to space communications, and from 2170 to

2185MHz for space to earth communications; and

(b) Solaris Mobile Limited, from 1995 to 2010 MHz

for earth to space communications, and from 2185 to 2200

MHz for space to earth communications.

(3) The grant of authorisations under these regulations

(a) shall, where the selected applicants intend to

provide electronic communications services in Malta, not

exempt the said applicants from the obligation to diligently

obtain at their 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, as required under the Act,

the Electronic Communications Networks and Services

(General) Regulations, 2011, all national laws and

regulations, decisions of the Authority, and applicable

European Union Law;

(b) shall be subject to the payment by the selected

applicants to the Authority of the fees provided for in

Schedule I to these regulations

Provided that the payment of such fees shall be without

prejudice to any other fees as may be due with regard to

complementary ground components and any fees relating

to the provision of electronic communications services or

networks.

(1) The Authority shall ensure that the authorisations

are subject to the common conditions specified in Article 7(2) of

the EU Decision, namely –

(a) the selected applicants shall use the frequencies

which those applicants are authorised to use pursuant to

regulation 3(1) for the provision of mobile satellite services;

(b) each selected applicant shall meet the milestones

6 to 9 set out in the Annex to the EU Decision within the

specified timeframes referred to therein;

(c) each selected applicant shall honour all

commitments given by that applicant in its application or

during the comparative selection procedure referred to in

Articles 4 and 6 of the EU Decision respectively;

(d) each selected applicant shall provide the Authority

with an annual report detailing the status of development of

their proposed mobile satellite system.

(2) An authorisation shall not be transferable.

(1) The Authority shall monitor compliance by the

selected applicants of the conditions of their authorisation.

(2) The powers of the Authority under the Act and Cap. 418.

under the Malta Communications Authority Act, in so far as they

relate to enforcement and to information requirements, shall apply

where the Authority needs to take action to ensure that the selected

applicants comply with their obligations under these regulations

and under the authorisations granted to them.

(3) Where –

(a) there has been an infringement by a selected

applicant of one or more of the conditions specified in their

authorisation; or

(b) the Authority has taken action under these

regulations against a selected applicant in respect of such an

infringement,

the Authority shall provide the European Commission

with information about the infringement or action within such

timeframes as the European Commission may establish.

(1) The Authority shall carry out its functions under

the Act and the Malta Communications Authority Act so as to give

effect to the obligations of Malta under the EU Decision and the

Commission Decision in so far as those obligations have not been

given effect by these regulations.

(2) The Authority shall in particular pursuant to its powers

under the Act and under the Malta Communications Authority Act

grant a selected applicant, if requested by the selected applicant,

the authorisation necessary for the provision of complementary

ground components of systems providing mobile satellite services

subject to the common conditions specified in Article 8(3) of the

EU Decision.

(2)

The Authority shall in particular pursuant to its powers under the Act and under

the Malta Communications Authority Act grant a selected applicant, if requested by the selected

applicant, the authorisation necessary for the provision of complementary ground components of

VERŻJONI

ELETTRONIKA

systems providing mobile satellite services

subject

to the common conditions specified in Article

the EU Decision.