AUTHORISATION OF FREQUENCY USE (PROVISION OF 2GHz MOBILE SATELLITE SERVICES) REGULATIONS

SUBSIDIARY LEGISLATION 399.44

AUTHORISATION OF FREQUENCY USE

(PROVISION OF 2GHz MOBILE SATELLITE

SERVICES) REGULATIONS

30th September, 2011

LEGAL NOTICE 397 of 2011 as amended by Legal Notices 139 of 2017

and 155 of 2020.

The title of these regulations is the Authorisation of

Frequency Use (Provision of 2GHz Mobile Satellite Services)

Regulations.

Regulation 3(3)

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

provision of mobile satellite services

One time administrative fee payable within one month from the

date of publication of an authorisation in accordance with

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

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

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

Annual usage fees for radio spectrum for the provision of

aeronautical only hybrid mobile satellite services ............. 13,000

(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), 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" 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;

"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";

"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);

"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;";

"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 SE, a company

incorporated in Luxembourg with number B232365, and EchoStar

Mobile Limited (previously known as 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 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. (2) For the purposes of sub-regulation (1), the frequencies

specified in Article 3 of the Commission Decision are the

following

(a) Inmarsat Ventures SE, from 1980 to 1995 MHz for

earth to space communications, and from 2170 to

2185MHz for space to earth communications; and

(b) EchoStar 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, 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

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.

(1) The Authority shall ensure that the authorisations for

the provision of services by one or more space stations are subject to

the comm on 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 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 time-

frames as the European Commission may establish.

(1) The Authority shall grant an authorisation under these

regulations to the 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

s a t e l l i t e sy s t e m s su b j e c t t o t h e co n d i t i o n s s e t o u t i n t h e s e

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) 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.