MODALITIES OF PAYMENT OF COMMUNICATIONS FEES REGULATIONS

MODALITIES OF PAYMENT OF COMMUNICATIONS FEES

SUBSIDIARY LEGISLATION 399.36

MODALITIES OF PAYMENT OF

COMMUNICATIONS FEES REGULATIONS

17th November, 2000

LEGAL NOTICE 236 of 2000, as amended by Legal Notice 475 of 2004.

The title of these regulations is Modalities of Payment of

Communications Fees Regulations.

For the purposes of these regulations and unless the

context otherwise requires -

"the Authority" means the Malta Communications Authority

established under the Malta Communications Authority Act;

"fee" shall be construed as including any reference to any charge

howsoever described

"the Minister" means the Minister responsible for

communications and includes any public officer or government

department or agency howsoever described who is authorised by

the Minister to act for or on his behalf.

(1) When in any regulations made under the Fees

Ordinance, the Electronic Communications (Regulation) Act, or the

Postal Services Act, as the case may be, a fee is established in

respect of any authorisation, licence howsoever described or of the

provision of any service related to radiocommunications or to

postal services, and such fee is established as being in part a fixed

sum and in part a percentage of gross revenues or of any other sum

n o t b e i n g c a p a b l e o f d e t e r m i n a t i o n a t t h e t i m e o f is s u e o r

commencement of the authorisation or licence or prior to the

provision of a service as aforementioned -

(a) the said fixed sum shall be payable immediately upon

the issue, commencement or renewal of the

authorisation or licence or prior to the provision of any

service as mentioned above; and

(b) the part of the fee being a percentage of gross revenues

or of any other sum not being capable of determination

at the time of issue or commencement of the

authorisation or licence or prior to the provision of a

service as mentioned above shall be payable -

(i)

in respect of an authorisation or licence about

which any fee as aforesaid is payable annually,

not later than ninety days after each anniversary

of the authorisation or licence;

(ii) in respect of an authorisation or licence about

which a fee is payable at intervals other than

annually, not later than sixty days after each

period in respect of which the fee is due;

(iii) in respect of the provision of any service

MODALITIES OF PAYMENT OF COMMUNICATIONS FEES

whether included in any authorisation or licence

as aforesaid or not, in the manner established in

paragraphs (i) and (ii) above

Provided that the Authority may issue directives to any

person, specifying alternative modalities of payment,

notwithstanding any other provision of these regulations applicable

to specific fees, howsoever described, made under the Fees

Ordinance or the Electronic Communications (Regulation) Act or

the Postal Services Act.

(2) If the person authorised or the licensee or the person

receiving a service fails to pay any sum due as stipulated in this

regulation then interest at the rate of eight per cent per annum shall

accrue from the date that any such sum falls due.

Payment of fees according to regulation 2(1)(b)(i), (ii) or

(iii) shall not necessarily be interpreted to mean that the amount

paid is correct. The Minister or the Authority, as the case may be,

may require to inspect the books of accounts of the person

authorised or of the licensee or of the person receiving any service

as aforesaid in the manner provided for in regulation 4 so as to

verify that the said amount is correct. If the Minister or the

Authority, as the case may be, finds that after verification an

additional amount is owed, then the Minister or the Authority, as

the case may be, shall notify the person authorised or the licensee

or the person receiving any service as aforesaid in writing and such

amount shall be payable within thirty days from the receipt of the

said notice by the person authorised or the licensee or the person

receiving any service as aforesaid. Interest at the rate of eight per

cent per annum shall be charged on the additional amount from the

date that it was originally due.

(1) Throughout the term of any authorisation or licence or

of the provision of a service as mentioned in regulation 2, the

person authorised or the licensee or the person receiving any

service as aforesaid shall maintain in accordance with standard

accounting practice complete and accurate books of accounts and

records of its business, ownership and operations.

(2) The person authorised or the licensee or the person

receiving any service as aforesaid shall allow the Minister or the

Authority, as the case may be, to review its books and records

during normal business hours and on a non-disruptive basis as is

reasonably necessary to monitor compliance with these regulations.

The Minister or the Authority, as the case may be, shall treat any

information disclosed to it in accordance with this regulation on a

confidential basis and may only disclose such information to

employees, representatives, attorneys or agents of the Minister or

the Authority that have a need to know or in order to enforce the

provisions of these regulations or for any purpose related therewith.