Satellite Services) (Amendment) Regulations, 2017

L.N. 139 of 2017

ELECTRONIC COMMUNICATIONS (REGULATION) ACT

(CAP. 399)

Authorisation of Frequency Use (Provision of 2GHz Mobile

Satellite Services) (Amendment) Regulations, 2017

IN EXERCISE of the powers conferred by article 47 of the

Electronic Communications (Regulation) Act, the Minister for

Competitiveness and Digital, Maritime and Services Economy, after

consultation with the Minister for Finance and the Malta

Communications Authority, has made the following regulations:-

The title of these regulations is the Authorisation of Citation.

Frequency Use (Provision of 2GHz Mobile Satellite Services)

(Amendment) Regulations, 2017, and these regulations shall be read

and construed as one with the Authorisation of Frequency Use S.L. 399.44

(Provision of 2GHz Mobile Satellite Services) Regulations,

hereinafter referred to as "the principal regulations".

Regulation 2 of the principal regulations shall be amended Amends

regulation 2 of

as follows

the principal

regulations.

(a)

the

definition

"complementary

ground

components" shall be substituted by the following new

definition

" "complementary ground components" shall mean

ground-based stations used at fixed locations, in order to

improve the availability of mobile satellite services in

geographical areas within the footprint of the system’s

satellite(s), where communications with one or more space

stations cannot be ensured with the required quality;";

(b)

immediately after the definition "complementary

ground components" there shall be added the following new

definition

" "ECC Report 233" means the Report published

by the Electronic Communications Committee on its

website, entitled "Adjacent band compatibility studies for

aeronautical CGC systems operating in the bands 1980-

2010 MHz and 2170-2200 MHz";";

(c)

immediately after the definition "the EU Decision"

there shall be added the following new definition

" "hybrid mobile satellite services" means services

provided by a combination of one or more complementary

ground components in conjunction with one or more space

stations;"; and

(d)

in the definition "selected applicants" for the words

"Solaris Mobile Limited" there shall be substituted the words

"EchoStar Mobile Limited (previously known as Solaris Mobile

Limited)".

Regulation 3 of the principal regulations shall be amended

as follows

(a)

sub-regulation (1) thereof shall be substituted by

the following new sub-regulation

"(1) The Authority shall grant an authorisation

under these regulations to each of the selected applicants

for use in Malta of the frequencies specified for that

selected applicant in Article 3 of the Commission Decision

for the provision of services by one or more space stations

subject to the conditions set out in these regulations

Provided that the grant for the provision of services

by one or more space stations shall become effective on the

date of its publication in the official website of the

Authority

Provided further 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.";

(b)

in paragraph (b) of sub-regulation (2) thereof for

the word "Solaris" there shall be substituted the word

"EchoStar"; and

(c)

in sub-regulation (3) thereof the proviso thereto

shall be deleted and the following new proviso shall be added to

paragraph (b) thereof

"Provided that the payment of such fees shall be

without prejudice to any other fees as may be due with

regard to the provision of electronic communications

services or networks.".

Regulation 4 of the principal regulations shall be amended Amends

regulation 4 of

as follows

the principal

regulations.

(a)

the marginal note thereto shall be substituted by the

words "Conditions of an authorisation for the provision of

services by one or more space stations."; and

(b)

in sub-regulation (1) thereof immediately after the

word "authorisations" there shall be added the words "for the

provision of services by one or more space stations".

Regulation 6 of the principal regulations shall be Substitutes

regulation 6 of

substituted by the following

the principal

regulations.

" Complemen-

(1)

The Authority shall grant an

tary ground

authorisation under these regulations to the

components.

selected applicants that request the Authority an

additional authorisation for the right of use of

radio spectrum for the provision of

complementary ground components of mobile

satellite systems subject to the conditions set out

in these regulations

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.

(2) The Authority shall ensure that the

authorisations for complementary ground

components of mobile satellite systems are

subject to the common conditions specified in

Article 8(3) of the EU Decision, namely

(a)

the selected operators shall

use the assigned radio spectrum for the

provision of complementary ground

components of mobile satellite systems

pursuant to regulation 3(1);

B

(b)

complementary

ground

components shall constitute an integral

part of a mobile satellite system and shall

be controlled by the satellite resource and

network management mechanism; they

shall use the same direction of

transmission and the same portions of

frequency bands as the associated satellite

components and shall not increase the

spectrum requirement of the associated

mobile satellite system;

(c)

independent operation of

complementary ground components in case

of failure of the satellite component of the

associated mobile satellite system shall not

exceed eighteen months;

(d)

rights

of

use

and

authorisations shall be granted for a period

of time ending no later than the expiry of

the authorisation of the associated mobile

satellite system.

(3) Without prejudice to the common

conditions specified in the EU Decision, the

services to be provided by the selected operators

shall be hybrid mobile satellite services.

(4) The selected operators enjoying an

authorisation granted by the Authority shall

ensure that in operating their complementary

ground components no harmful interference is

caused to other systems operating in other

adjacent frequency bands, in particular the bands

1980-2010 MHz and 2170-2200 MHz

Provided that the selected operators

enjoying an authorisation for the provision of

aeronautical only hybrid mobile satellite

services shall implement those mitigation

measures identified in ECC Report 233 in order

to ensure coexistence with other systems

operating in adjacent frequency bands

Provided further that the Authority

has the right to impose additional restrictions in

the authorisation granted pursuant to regulation

5(1) to address coexistence issues with other

systems operating in adjacent frequency bands.

(5) The selected operators enjoying an

authorisation for the provision of aeronautical

only hybrid mobile satellite services shall

implement complementary ground components

compliant with ECC Report 233

Provided that the Authority may

consider requests submitted in writing by the

selected operators for the implementation of

complementary ground components having

technical parameters least restrictive than those

established in ECC Report 233. The Authority

shall base its considerations on the results of

adjacent band compatibility studies which are to

be made available by concerned selected

operators.".

6. Schedule I to the principal regulations shall be substituted Substitutes

Schedule I to

by the following

the principal

regulations.

"SCHEDULE I

Regulation 3(3)

1. Fees payable for radio spectrum used by one or more space

stations for the provision of mobile satellite services

a.

One time administrative fee payable within one

month from the date of publication of an authorisation in

accordance with regulation 3(1) .................................... €2,000

b.

Annual fee to be paid on or before the anniversary

of the authorisation ....................................................... €1,000

2. Fees payable for radio spectrum used by complementary

ground components for the provision of hybrid mobile satellite

services

a.

Annual usage fees for radio spectrum for each

paired 5 MHz channel to be paid on or before the anniversary of

an authorisation for the provision of service-neutral hybrid

mobile satellite services

i.

for the first five years of an authorisation

which term shall commence on the commencement date

defined in the authorisation ................................. €33,000

ii. for the remaining duration of an authorisation

......................................................................... €98,000; or

b.

Annual usage fees for radio spectrum for the

provision of aeronautical only hybrid mobile satellite services

..................................................................................... 13,000".

B

€0.54