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Maltese Laws |
ELECTRONIC COMMUNICATIONS (REGULATION) ACT
To regulate Electronic Communications.
31st December, 1997
2nd January, 1998
ACT XXXIII of 1997, as amended by Acts XIX of 1998, XVIII of 2000, VI
of 2001, XXVII of 2002, IX of 2003 and VII of 2004; Legal Notice 425 of
2007; and Acts XXX of 2007, XII of 2010 and IX of 2011.
PART I
Communications (Regulation) Act.
"access" means the ma king avai lable of facilities and, or serv ices, to an other u ndertaki ng, under defined co nditio
ns, on eit h er an ex clu s ive or non-exclusive basis, for the purp o se of providing electronic communications services including
when they are used for the delivery of information society serv ices or broadcast content services. It covers inter alia access to network elements and associated fac ili ties, which may invo lve th e conn ection o f equipment, by fixed or non-fix
e d m e ans (in particular this includes access to the local loop and to facilities and services necessary to provide services over
the local loop); access to physical infrastructure including buildings, ducts and m asts; access to relevant software systems including
operational support s y stems ; acc ess to information systems or databases for pre- ordering, provisioning, ordering, maintaining
and repair requests, and bil ling; access to number translation or systems offerin g equivalent functionality; access to fixed and
mobile networks, in particular for roaming; access to conditional access systems for digital television services and access to virtual
network services;
"Access Directive" means Directive 2002/19/EC of the European Parliament and of the Council of the 7th March, 2002 on access to, and interconnection of, electronic communications
networks and associated facilities, as may be amended from time to time;
"this Act" means the Electronic Communications (Regulation) Act, and includes any regulations made thereunder unless the
context otherwise requires;
"apparatus" means any eq uip m en t o r mach inery how ev er so described;
"Appeals Board" means the Communi cations Appe als Board established under the Malta Communications Authority Act;
Substituted by: VII. 2004.11.
Short title. Amended by: VII. 2004.11.
Interpretation. Amended by: XIX. 1998.3; XVIII. 2000. 31; VII. 2004.12;
IX. 2011.3.
Cap. 418.
Cap. 418.
"associated facilities" means those associated services, physical infrastructures and other facilities or elements associated
with an electronic comm un ications network and, or an electron ic communications service which enable and, or support the provision
of services through that network and, or service or have the potential to do so, and include inter alia buildings or entries to buildings, building wiring, antennae, towers and other supporting constructions, ducts, conduits, masts, manholes,
and cabinets;
"associated services" means those services associated with an el ectroni c commun i catio ns netw ork and, or an electroni
c communications service which enable and, or support the provision of services th rough that network and, or service or have the
potential to do so and include inter alia number translation or system s offering equiv a lent functionality, con d itional access systems and electronic programme guides,
as well as other services such as identity, location and presence service;
"Authorisation Directive" means Directive 2002/20/EC of the European Parliament and of the Council of the 7th March, 2002 on the au tho r isati on of elect r on ic commu ni cati ons netw
ork s and services, as may be amended from time to time;
"authorised undertaking” means an undertaking deemed to be authorised in accordance with this Act;
"the Author ity" means the Malta Communications Authority established under the Malta Communications Authority Act;
"BEREC" means the Body of European Regulators for Electronic
Communications;
"ca b le tel e vi sio n n e tw or ks" mean s an y mai n l y w i r e - b ased infrastructure established primarily for the
delivery or distribution of radio or television broadcast to the public;
"call" means a connection established by means of a publicly available electronic communicatio ns service allowing two-way
voice communication;
"conditional access system" means any technical measure and, or arrangement whereby access to a protected radio or televis
i on broadcasting service in intelligible form is made conditional upon subscription or other form of prior individual authorisation;
"consumer" means any natural person who uses or requests a publicly available electronic communications service, for purposes
which are outside his trade, business or profession;
"decis i on" includes any determ ination, directive, measure, requirement or specification however so described made by
the Authority and the word "decision" shall be construed accordingly;
"Directive on Privacy and Electronic Communications" means Directive 2002/58/EC of the European Parliament and of the Council of the 12th July, 2002 concerning the processing of perso n al data an d th e p r otect
i on of pri v acy in t h e electroni c communications sector, as may be amended from time to time;
"disabled end-users" means a person with a disability as defined in the Equal Opportunities (Persons with Disability) Act,
whose special needs as an end-user are either due to disability or related to ageing;
"ele ctronic communications ne twork" means tra n smission systems and, where applicable, switching or routing equipment
and other resources, including network elements which are not active, which permit the conveyance of signals by wi re, by rad i
o, by op tical or by other electro m a gnetic means, includin g satellite networks, fixed (circuit-switched and packet-switched,
including Internet) and mobile terrestrial networks, electricity cable systems, to the extent that they are used for th e pu rpose
of transmitting signals, networks used for radio and television broadcasting, and cable television networks, irrespective of the
type of information conveyed;
"electronic communications service" means a service normally provided for remuneration which consists wholly or mainly in
the conveyance of signals on electronic communications networks, including telecommunications services and transmission services
in networks used for broadcasting, but exclude services providing, or exercising editorial control over, content transmitted using
electronic com m unications net w or ks and services; it does n o t include information society services, as defined in the Electronic Co mmer c e Act , wh ich d o not co nsist w h o lly o r mai n l y in th e conveyance of signals on electronic communications networks;
"end-user" means a user not providing public communications networks or publicly available electronic communications services;
"European Electron ic Commun i cation s Directi v es" means Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for electronic comm unications networks
and services (Framework Directive); Directive 2002/20/EC on the authorisation of electronic communications networks and services (Authorisation Directive), Di rective 2002/19/EC on access to, and intercon nectio n of, electronic commun icat io ns n e tw orks an d associated facilities (Access Directive), Directive 2002/22/EC on universal service and user ’s rights relating to electronic communications networks and services (Universal Service Directive)
and Directive 2002/58/EC of the European Parliame nt and of t h e Co un ci l o f 1 2 Jul y 200 2 concerning the processing of personal data and the protection
of privacy in the electronic co mmunications sector (ePrivacy Directive) as may be amended from time to time;
" e xclus i ve rights" means a ri ght granted to an und ertaking reserving to it the right to provide an electronic communications
service or to undertake an e l ect r on ic comm uni cat i on s activ it y w ithi n a gi ven geogr aph i cal area to the excl usion
of o t her undertakings;
"Framework Directive" means Di rective 2002/ 21/EC of th e European Parliament and of the Council of the 7th March, 2002 on a common regulatory framework for electronic communications
networks and services, as may be amended from time to time;
Cap. 413.
Cap. 426.
"general authorisation" means the legal framework established by or under this Act ensuring rights for the provision of
electronic com m un ications netw orks or services and layi ng do wn sector specific obligations that may apply to all or to specific
types of electronic communications networks and services in accordance with this Act;
"harmful interference" means interference which endangers the functioning of a radio navigation service or of other safety
services or which otherwise seriou sly de gr ades, obstr ucts or repeatedly interrupts a radio communications service operating in
accordance with the app licable internationa l, European Union or national regulations;
"i nterconn ecti on" means th e physi c al and lo gical l i nk ing of public communications networks used by the same or
a different u ndertak ing in o r der t o allo w t h e u s ers o f one un dert aki ng to communicate with users of the same or another
undertaking, or to access services provided by another undertaking. Services may be provided by the parties involved or other parties
who have access to the network. Interconnect ion is a specific typ e o f access implemented between public network operators;
"internal marke t" means the inte rnal ma rke t of the European
Union;
"ITU Radio Regulations" means the Radio Regulations annexed to, or regarded as being annexed to the most recent International
T e lecomm unications Convention of th e In ternational Telecommunications Union (ITU) which is in force at that time;
"local loop" means the physical circuit connecting the network termination point to a distribution frame or equivalent
facility in the fixed electronic communications network;
"Member State" means a Member State of the European Union;
"the Mini ster" m e ans the Mini ster respon sibl e for communications;
"national regulatory authority" means the body or bodies notified for t h e purposes of European Uni on law to th e Eu
ropean Commission by a Member State as having been assigned tasks in the regulation of electronic communications services, electronic
comm unicatio ns networks, associ ated facilitie s and associat ed services;
"network termination point" means the physical point at which a subscriber is provided with access to a public c ommunica
tions network; in the case of networks involving switching or routing, the network termination point is identified by means of a
specific network address, which may be linked to a subscriber number or name;
"o perat o r" m e an s an un dertak in g p r o v id in g or au th or ised to provide a public communications network or
an associated facility;
"prescribed" means prescribed by regulations made under this
Act;
"provision of an electronic communications network" means the establishment, operation, control or making available of such
a network;
"pub lic commun i cation s n e twork" means an elect r onic communications network used wholly or mainly for the provision
of electro n ic com m unications services availabl e to the pu blic wh ich s u p p o r t th e tr ansf er of in fo rm ati o n bet
w een net w or k
termination points;
"pub lic pay t e leph one" m eans a telep hone available to the general public, for the use of which the means of payment
may include coins and, or credit and, or debit cards and, or pre-payment cards, including cards for use with dialling codes;
"publicly available electronic communications service" means an electronic communications service available to the public;
"publicly available te lephone service" means a service made available to the public for originating and receiving, directly
and indirectly, national or national and international calls through a num ber or num bers i n a n a tion a l o r i n tern ation
a l t e l e phon e numbering plan;
"satellite earth station network" mean a configuration of two or more earth stations which inter-work by means of a satellite;
"sig ni ficant mark et p o wer " mean s a p o sit i o n eq ui valent t o dominance enjoyed by an undertaking either individually
or jointly with others 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;
"special rights" means the rights that are granted to a limited number of undertakings which, within a given geographical
area:
(i) designates or limits to two or more the number of such undertakings authorised to provide an electronic communications
service or undertake an electronic communications activity, otherwise than according to objective,
proportional and non-discriminatory criteria, or
(ii) confers on undertakings, otherwise than according to such criteria, legal or regulatory advantages which
substantially affect the ability of any other undertaking to provide the same electronic communications activity in the same
geographical area under substantially equivalent conditions;
"spectrum allocation" m e ans the designation of a given frequency band fo r use by one or mo re t ypes o f radio
communications services , where appropriate, under specified conditions;
"subscrib er" means any person who or which i s p a rty to a contra ct with the provide r of publicly available electronic
communications services for the supply of such services;
"undertaking" means a person providing or authorised to provide electronic communications networks and, or services or associated
facilities;
"universal ser v ices" means the m i nimum set o f serv ices of specified quality which is available to all users regardless
of their geograph i cal lo cation and , in th e l i ght of specific national conditions, at an affordable price as may be defined
by or under this Act;
"Universal Service Directive" means Directive 2002/22/EC of the European Parliament and of the Council of the 7th March, 2002 on universal service and users’ rights relating to electronic
communications networks and services as may be amended from time to time;
"user" means any person using or requesting a publicly available electronic communications service;
"wide-screen television service" means a television service that consists wholly or partially of programmes produced and
edited to be displayed in a full height wide-screen format. The 16:9 format is the reference format for wide-screen television services.
PART II
Amended by: VII. 2004.13.
Malta Communications Authority. Substituted by: XVIII. 2000.31; VII. 2004.14;
IX. 2011.4.
Cap. 418.
3. (1) The Malta Communications Authority established under the Malta Communications Aut hority Act sh all be the competent authority to regulate electronic communications under th is Act and , in sof a r as is pro v i d ed i n th
is Act , t o enf o rce th e provisions of this Act.
(2) The Authority shall be afforded adequate financial and human resources to carry out its functions under this Act and
under any other applicable laws relating to electronic communications which the Authority is entitled to enforce, including any
functions related to international cooperation.
(3) In fulfilling its functions and duties under this Act and under any other laws relating to electronic communications which
the Authority is entitled to enforce, the Authority shall actively support the goals of the BEREC of promoting greater coordination
and coherence in the app lication of the Eu ro pean Electron ic Communications Directives, and shall also take the utmost account
of the opinions and common positions adopted by BEREC.
(4) In the exercise of its functions and duties under this Act and under any other laws relating to electronic communications which
the Authority is entitled to enforce, the Authority shall take utmost account of the relevant European Commission recommendations.
Wi th reference to recommendations issued in accordance with Article 19 of the Framework Directive, the Authority shall, if it choo ses not to follow a recommend ation, in form the European Commission, giving the reasons for its
position.
(5) The Authority shall work with the European Commission and BEREC to identify the types of instruments and remedies best suited
to address particular types of situations in the marketplace.
(a) to promote competition in accordance with this Act by -
(i) eensuring that users, including disabled end- users, elderly end-users, and end-users with special social needs,
derive maximum benefit in terms of choice, price and quality;
(ii) ensuring that there is no distortion or restriction of competition in the electronic communications sector including the transmission
of content; and
(iii) encouraging efficient use and ensuringthe effective management of radio frequencies and numbering resources;
(b) to contribute to the development of the internal market by -
(i) removing remaining obstacles to the provision of electronic communication networks, associated facilities
and services and electronic communications services at European Union level;
(ii) encouraging the establishment and development of trans-European networks and the interoperability of
transnational services and end-to-end connectivity; and;
(iii) working with electronic communications national regulatory authorities in Member States, BEREC and with the European
Commission in a transparent manner so as to ensure the development of consistent regulatory practice and
the consistent application of European Union law in this field;
(c) to promote the interests and rights of users within the
European Union by -
(i) ensuring that all users have access to a universal service;
(ii) ensuring a high level of protection for users in their dealings with undertakings, in particular by ensuring the availability
of simple and inexpensive dispute resolution procedures carried out by a body that is independent of the parties
involved;
(iii) contributing towards ensuring a high level protection of personal data and privacy;
(iv) promoting the provision of clear, comprehensive and up-to-date information, in particular
Objectives of the Authority. Substituted by: XVIII. 2000.31; VII. 2004.15. Amended by:
IX. 2011.3, 5.
requiring transparency of tariffs and conditions for using publicly available electronic communications services;
(v) addressing the needs of specific social groups, in particular disabled end-users, elderly end-users and end-users with special
social needs;
(vi) ensuring that the integrity and security of public communications networks are maintained; and
(vii) promoting the ability of end-users to access and distribute information or run applications and services of their choice;
(d) ensuring that in so far as is practicable that there are provided in Malta such electronic communications services as
satisfy all reasonable demands for such services including emergency services, public call services and directory information
services.
(2) The Authority shall, in pursuit of the policy objectives referred to in this article, a pply ob j e ctive, transparent,
non- discriminatory and proportionate regulatory principles by, inter alia:
(a) promoting regulatory predictability by ensuring a consistent regulatory approach over appropriate review periods;
(b) ensuring that, in similar circumstances, there is no discrimination in the treatment of undertakings providing
electronic communications networks and services;
(c) safeguarding competition to the benefit of users and promoting, where appropriate, infrastructure-based competition;
(d) promoting efficient investment and innovation in new and enhanced infrastructures, including by ensuring that any access
obligation takes appropriate account of the risk incurred by the investing undertakings and by permitting various cooperative arrangements
between investors and parties seeking access to diversify the risk of investment, whilst ensuring that competition in the market
and the principle of non-discrimination are preserved;
(e) taking due account of the variety of conditions relating to competition and users that may exist in Malta;
(f) imposing ex-ante regulatory obligations only where there is no effective and sustainable competition and relaxing or lifting such obligations
as soon as that condition is fulfilled; and
(g) taking the utmost account of the desirability of making regulations technologically neutral, in particular with regards to
those designed to ensure effective competition.
(2) This Act shall not apply to the content of messages transmitted through any electronic communications network.
(3) The provisions of this Act shall be without prejudice to the operation of any other law -
(a) in respect of services provided using electronic communications networks and services; or
(b) in respect of content and broadcasting regulation or audiovisual policy; or
(c) relating to radio and telecommunications terminal equipment.
Applicability of this Act. Amended by: XIX. 1998.3; XVIII. 2000.31. Substituted by: VII. 2004.17. Amended by:
IX. 2011.3, 6.
(a) that the capacity, quantity and features of the network are sufficient for providing and maintaining an efficient
communications network;
(b) that the network is sufficient for and compatible with such international electronic communications services as the Authority
may specify;
(c) the security of the network and any extension thereof;
and
(d) that no person shall carry out any works or perform any other act, or be entrusted to carry out such works or perform such
act, for the construction, repair, maintenance, alteration or control of any electronic communications networks and, or
equipment unless he is duly qualified and possesses such qualifications to carry out such works or perform such act as may be
prescribed in accordance with the provisions of article
47.
Added by: VII. 2004.18.
Compliance when operating a network or providing a service.
Added by: XVIII. 2000.31.
Substituted by: VII. 2004.19.
Amended by: XXX. 2007.22.
Special obligations of providers of public communications networks.
Added by: XVIII. 2000.31. Substituted by: VII. 2004.19. Amended by: XXX. 2007.23; IX. 2011.7.
Special obligations of providers of publicly available electronic communications services.
Added by: XVIII. 2000.31. Substituted by: VII. 2004.19. Amended by: XXX. 2007.24; IX. 2011.3, 8.
Market definition and analysis. Added by:
XVIII. 2000. 31. Substituted by:
VII. 2004.19; IX. 2011.9.
Cap. 418.
(a) provide such services efficiently, complying with the standards for quality generally accepted in the industry or as may from
time to time be specified by the Authority;
(b) notify the Authority and publish by notice in the media when the services are to be interrupted for the installation
or repair or the changing of apparatus;
(c) establish an efficient mechanism for receiving complaints and repairing failures in its networks and in the services
provided.
Provided that in so doing the Authority:
(a) shall take the utmost account of any relevant recommendations and guidelines that the European Commission
may issue from time to time in accordance with Article 15 of the Framework Directive; and
(b) shall follow the procedures referred to in Article 4A of the Malta Communications Authority Act before defining markets
that differ from those defined in any relevant recommendation that the European Commission may publish.
Numbers. Added by: XVIII. 2000.31. Substituted by: VII. 2004.19. Amended by:
L.N. 425 of 2007’ XXX. 2007.25;
IX. 2011.10, 11.
(2) The Authority shall as necessary, subject to ensuring the proper management o f the nati onal telephon e n u mbering plan,
grant rights of use for numbers and number ranges for all publicly availa ble electronic communic ations servic es according to
procedures that are objective, transparent and non-discriminatory.
(3) The Authority shall, subject only to any limitation that may be specified by the Minister on grounds of national security,
from time to time publish the main elements of the national telephone numbering plan and subsequent additions or amendments thereto.
(4) The Authority shall, in so far as is practicable, having regard to its objectives and func tions as stated under
this Act, support the harmonisation of specific numbers or numbering ranges within the European Union where such harmonisation promotes
both the functioning of the internal market and the development of
pan-European services.
(5) The Authority may, without prejudice to the generality of any p r ov ision s by or und er t h is A c t relati ng t o au tho
r isati ons, attach conditions to rights of use for numbers to ensure efficient and effective management of all numbering resources.
(6) No undertaking shall assign to locations, terminals, persons or functions on public electronic communications networks, right
of use of numbers that have not specifically been allocated to that perso n b y th e Au t h o r i t y for th e pu rpo s e of prov
i d i n g pu bl i c ly available electronic communications services.
(7) An undertaking to which the right of use of a range of numbers has been granted shall not discriminate against any
other providers of electroni c comm unication s services as regards the number sequences used to give access to their services.
(2 No exclusive or special rights for the establishment and, or the provision of electronic communications networks, or for the provision of publicly available electronic communications services shall be granted or maintained in force.
Prohibition of restrictions. Amended by: XVIII. 2000.31. Substituted by: VII. 2004.19; IX. 2011.12.
(2) The Authority shall, as necessary, impose obligations in relation to the sharing of wiring inside buildings or up to the
first concentration or distribution point where this is located outside the building, on an undertaking providing electronic communications
networks which has the right to install facilities on, over or under public or private property and, or on the owner of such wiring,
wher e th is is ju stif ied o n t h e gr oun ds th at du pl icati o n o f su ch infrastructure wou l d be econom i cally in efficient
o r phy sically impracticable. Such sharing or coordination arrangements shall include rules for apportioning the costs of facility
or property sharing adjusted for risk where appropriate.
(3) The Authority may require undertakings to provide the necessary information, as requested by it, to be able to establish
a detailed invent ory o f the n at u re, avail ab ility an d geograph i cal location of the facilities referred to in subarticle
(1) and to make it
Co-location, sharing of network elements and associated facilities.
Added by: IX. 2011.13.
available to interested parties.
(4) Measures taken by the Authority in accordance with this article shall be objective, transparent, non-discrim inatory, and proportionate,
and where relevant, these measures shall be carried out in coordination with other public authorities.
Functions of the Authority with regard to access and interconnection. Amended by: XVIII. 2000.31; XXVII. 2002.58. Substituted by: VII. 2004.19. Amended by:
IX. 2011. 14.
Cap. 418.
13. The Authority shall, acting in accordance with its objectives as stated in this Act and in the Malta Communications Aut hori t y A c t , en co ura g e a nd w h e r e ap prop ria t e, en su re, in accordance with the provisions made by or under this Act, adequate access
and interconnection and interoperability of services in such a way as to:
(a) promote efficiency;
(b) promote sustainable competition;
(c) promote efficient investment and innovation; and
(d) give the maximum benefit to end-users.
Prohibition of restrictions. Amended by: XVIII. 2000.31; XXVII. 2002.58. Substituted by: VII. 2004.19. Amended by:
L.N. 425 of 2007; XXX. 2007.26;
IX. 2011.15.
(a) undertakings in Malta, or
(b) undertakings in Malta and in other Member States,
from negotiating between themselves agreements on technical and commercial arrangements for access and, or interconnection, in accordance
with European Union law.
(2) An undertaking requesting access or interconnection in Malta does not need to be authorised to operate in Malta if it
is not providing services and does not operate a network in Malta.
(3) An operator of public communications networks - (a) shall be entitled, and
(b) when requested by another undertaking authorised to
provide public communications networks in accordance with this Act, shall have an obligation,
to negotiate interconnection for the purpose of providing publicly available electronic communications services in order to ensure
provision and interoperability of services in Malta and throughout the European Union.
(4) An operator of public communications networks shall offer access and interconnection to other undertakings on term s and conditions
consistent with obligations imposed by the Authority in accordance with this Act.
(5) Without prejudice to information that an undertaking is req u ired t o pro v ide un der or b y th is Act, an u ndertaking
that acquires information from another undertaking before, during or aft e r the pr ocess of negoti a t i ng access or int e rcon
necti o n arrangements shall use that information solely for the purpose for which the information was supplied and shall respect
at all times
the confidentiality of information transmitted or stored.
(6) An undertaking shall not make any information acquired as referred to in subarticle (5) available to any other party, including
other subsidiaries or partners of the same undertaking, howsoever described, in particular where such information could provide a
competitive advantage.
(a) keep separate accounts audited in accordance with generally accepted auditing practices for the activities associated with
the provision of that network or service, to the extent that would be required if those activities were carried out by
legally independent companies, so as to identify all elements of cost and revenue, with the basis of their calculation and
the detailed attribution methods used, related to their activities associated with the provision of electronic communications
networks or services including an itemised breakdown of fixed asset and structural costs; or
(b) have structural separation for the activities associated with the provision of electronic communications networks or
services:
Provided that the Minister may, after consultation with the Authority, by order in the Gazette establish that the requirements referred
to in paragraph (a) do not apply to undertakings the annual turnover of which in activities associated with electronic communications networks or services
in the Members States is less tha n fift y m i lli on eu ro (€5 0 ,00 0 ,00 0 ) o r any ot her su ch ot her amount as the Minister
may, after consultation with the Authority, by order in the Gazette establish.
Obligation of undertakings in relation to accounting separation. Amended by: XVIII. 2000.31; XXVII. 2002.58. Substituted by: VII. 2004.19. Amended by:
L.N. 425 of 2007; XXX. 2007.27;
IX. 2011.16.
(a) annual accounts shall be drawn up and submitted to independent audit and published, and
(b) such audit shall be carried out in accordance with the relevant rules applicable in Malta and in the Community:
Provided that nothing in this subarticle shall be construed as imposing obligations that are more onerous than those imposed
Financial reporting. Amended by: XVIII. 2000.31. Substituted by: VII. 2004.19. Amended by:
L.N. 425 of 2007; XXX. 2007.28;
IX. 2011.17.
Cap. 386.
on companies in the Companies Act.
Substituted by: IX. 2011.18.
General authorisations. Amended by: XVIII. 2000.31. Substituted by: VII. 2004.19. Amended by: IX. 2011.19.
(2) The provision of electronic communications networks or services may, without prejudice to the specific obligations that may
be imposed on providers of such networks and services by or under this Act, only be subject to a general authorisation.
(3) A general authorisation granted by or under this Act to an undertaking to provide electronic communications services and, or
to establish and, or provide electronic communications networks, as well as any condit i ons at tach ed thereto shall be based on
obj ectiv e, non -discrimi nat o ry, prop orti onate and transparent criteria.
Administrative charges. Amended by: XVIII. 2000.31. Substituted by: VII. 2004.19. Amended by: IX. 2011.20.
(a) in total, cover only the administrative costs which will be incurred in the management, control and enforcement
of the general authorisation scheme and of rights of use, and specific obligations, and may include costs for
international cooperation, harmonisation and standardisation, market analysis, monitoring compliance and other market
control, as well as any regulatory work involving compliance with this Act and the preparation and enforcement of any decisions
issued by or under this Act; and
(b) be imposed upon the individual undertakings in an objective, transparent and proportionate manner which minimises additional
administrative costs and attendant charges.
(2) The Authority shall, in relation to the imposition of such admin ist r ativ e char ges, publ ish an ann u al overview of its
administrative costs and of the total sum of charges collected.
(3) The Authority shall, in the case of charges imposed on an annual basis, make appropriate repayments or compensation in the
case of overcharging, or impose additional charges in the case of undercharging of a person to whom a charge is imposed in the light
of any difference between the total sum of administrative charges collected and the administrative costs incurred.
(4) Any fees that may be imposed for rights of use for radio frequencies and, or numbers shall reflect the need to ensure the
op tim al u s e of th e radi o frequ en cy spec trum an d th e na ti on al numbering scheme.
(5) Any such fees referred to in subarticle (4) shall be objectively ju stified, transparent , n on-discriminatory
and
proportionate in relation to their intended purpose and shall take into account the objectives as set out in article 4.
(2) A notification under subarticle (1) shall be in such form and shall contain such information as the Authority may from time
to time determine and shall contain the information that is required to enable the Authority to maintain a list of providers of electronic
communications networks and, or services.
(3) Upon receipt by the Authority of a notification in accord an ce wi th subarticle (1 ), the person concerned
shall be deemed to be authorised to provide an electronic communications network and, or electronic communications service, subject
to such conditions as may be imposed in accordance with this Act.
(4) The Authority may determine that any person providing an electroni c communicatio ns netw ork an d, or electronic co mm
unications servi c e o f a particular cl ass or descri ption specified in such a decisio n , shall not be subject to the
requirements of subarticle (1).
(5) Undertakings providing cross-border electronic communi cation s services to und ertakin g s located i
n several Memb er St ates shal l not be req u ired t o su bm it mo re than on e notification per Member State concerned.
(6) The Authority may, with the approval of the Minister, by order in the Gazette amend the rights, conditions and procedures concerning
general authorisations and rights of use for numbers pro v id ed t h at an y such am endm ents may onl y b e m a d e in objectively
justified cases and in a proportionate manner:
Provided that the Authority before making any such amendme n t s h all give notice in suc h manne r as it cons iders
appropriate of its intention, inviting interested parties including users and consumers, to m ake representations on the proposed
amendments within such period of not less than thirty days as may be specified in the notice. The Authority may in circum stances
which it considers to be exceptional, shorten such period.
Authorisation of electronic communications networks and services. Amended by: XIX. 1998.3; XVIII. 2000.31; VI. 2001.29. Substituted by: VII. 2004.19. Amended by:
L.N. 425 of 2007; XXX. 2007.29;
IX. 2011.21.
Provided that before making any such amendment, the Authority shall, with the exception of cases where the proposed amendments are minor and have been agreed with the holder of the rights or general authorisation, give notice in such manner as it considers appropriate of its intention, inviting interested parties,
Amendments of general authorisation and of rights of use. Added by:
IX. 2011.23.
including users and consumers, to make representations on the proposed amendments within a period of not less than thirty days, as m a y be specified in the notice. The Au thority m a y in circumstances which it considers to be exceptional, shorten such period.
Requirement to obtain other authorisations, etc., required at law. Added by:
XVIII. 2000.31. Substituted by:
VII. 2004.19. Amended by:
IX. 2011.24.
Prohibition of discrimination in one’s own favour. Amended by: XVIII. 2000.31. Substituted by: VII. 2004.19. Amended by:
L.N. 425 of 2007; XXX. 2007.30.
Re-numbered: IX. 2011.22.
End-user rights and the information to be included. Amended by:
XVIII. 2000.31. Substituted by: VII. 2004.19. IX. 2011.25.
licence or pe rmit ho wever so described or fr om any ob li ga ti on arisin g from any other law, lic en ce, aut horisation or
permit
however so described.
(2) Thecontract referred to in subarticle (1) shall expressly includesuch information as may by regulation be specified
by the Minister after consultation with the Authority, in order to protect the interests of subscribers and users.
(3) An undertaking referred to in subarticle (1) shall, not less than thirty days prior to the taking of effect of any proposed
modification to the contractual terms and conditions of the service, notify in writing all subscribers to that service with at least:
(a) the proposed modification to the contractual terms and conditions of the service;
(b) the right to withdraw without penalty from such contract if they do not accept the modifications; and
(c) any refunds applicable upon withdrawal from the contract due to such modifications, including the means by which
the subscriber shall, at no extra cost to him, be refunded any unutilized advanced payment made.
(4) An undertaking referred to in subarticle (3) shall notify the Authority in writing, prior to notification to subscribers, in
a timely m anner as may be specified by the Au thority, of any proposed modifications to the contractual terms and conditions of
service.
(5) The Authority may, following a written request to an undertaking, made in accordance with any requirements that may
b e lai d do wn by t h e Aut hori t y, in cases w h ere the pro posed modification to the contractual terms and conditions of the
service is manifestly of benefit to all subscribers to that service, exempt the undertaking from applying the right referred to in
subarticle (3)(b).
PART III
"broadcaster" means the natural or legal person who has editorial responsibility for the composition of television programme
services for reception by the general public and transmits them, or has them transmitted, complete and unchanged, by a third party;
" c onditional access " means any tec h nical meas ure or arrangement permitting access in an intelligible form, and
subject to prior individual authorisation, to one of the services constituting a protected service;
"conditional access device" means any equipment, software, or arrangement designed or adapted to give access in an intelligible
form to one of the services constituting a protected service;
"illicit device" means any equipment, software, or arrangement designed or adapted to give access in an intelligible form
to one of the services c o nstituting a pro t ect e d service wi tho u t the authorisation of the service provider;
"programme service" means all the items within a single service provided by a given broadcaster;
"protected service" means any of the following services when pro v ided again st rem u n e rati on an d on th e basis of
con d it ional access:
Nullity of the contract and of certain terms and conditions. Amended by: XVIII. 2000.31. Substituted by: VII. 2004.19;
IX. 2011.26.
Legal protection of services based on or consisting of conditional access. Added by:
IX. 2003.89. Amended by:
VII. 2004.21;
L.N. 425 of 2007.
Re-numbered:
IX. 2011.22.
(i) television programme services;
(ii) radio broadcasting services including radio programmes intended for reception by the public, transmitted
by wire or over the air, including by satellite;
(iii) information society services offered by electronic means, at a distance and at the individual
request of the recipient of the services,
o r t h e p r ov isio n of co ndi ti ona l ac cess to the above servic es considered as a service in its own right.
Infringing acts constituting a criminal offence.
Destruction of illicit devices.
(2) Any person who -
(a) manufactures or produces illicit devices for commercial purposes; or
(b) imports illicit devices into Malta for commercial purposes; or
(c) distributes illicit devices in or from Malta for commercial purposes; or
(d) sells or rents out illicit devices for commercial purposes; or
(e) is in possession of illicit devices for commercial purposes; or
(f) installs, maintains or replaces illicit devices for commercial purposes; or
(g) commercially promotes, markets or advertises illicit devices,
shall, on conviction, be liable to imprisonment for a term not exceeding one year or to a fine (multa) of twenty-three thousand and two hundred and ninety-euro (23,290) or to both such fine and imprisonment.
(3) In proceedings taken under subarticle (2) the Court shall order the Commissioner of Police to destroy goods established to
be illicit devices without compensation of any sort to any person and, where a person is found guilty of infringing the provisions
of subarticle (2) in respect of the said goods, at the cost of that person.
Civil proceedings. (4) A provider of a protected service whose interests are affected by any act mentioned in subarticle (2)(a) to (g) shall have against the perpetrator of any such act and in respect of such act:
(a) a civil action for damages, and
(b) a right to demand a warrant of prohibitory injunction to obtain provisional protection of his interests, and
(c) a right to demand an order from the competent Court for the destruction or, if appropriate, the disposal outside commercial
channels of illicit devices.
Added by: XII. 2010.5.
Interpretation.
Added by:
XII. 2010.5.
Amended by:
IX. 2011.3.
Re-numbered by:
IX. 2011.27.
PART IV
"apparatus" means any apparatus, including any equipment or m a chi n ery however so described, int e nd
ed for radiocommunications and includes any component part of any such apparatus;
"authorisation" includes an individual authorisation or licence ho wev e r so descri bed i ssu ed un der t h i s Par t
, or an y gen e ral aut horisatio n however so described app licable to any radiocommunications apparatus as may be provided
by or under this Part;
"broadcast receiving apparatus" means any apparatus used or capable of being used for the reception of sound or visual image
or of sou nd and visual i m age transmissions i n tended for direct reception by the general public;
"general authorisation" means the framework established by or under this Part laying down the rights and obligations of
persons making us e of any such radiocomm unications apparatus as the Minister may from time to time in accordance with the provisions
of this Part designate by order in the Gazette as being covered by a general authorisation;
"Part" means this Part of this Act and includes any regulations made thereunder unless the context otherwise requires;
"radiocommunications" means the emitting or receiving, over paths which are not provided by any material substance constructed
or arranged for that purpose, of electro-m agnetic energy which serves for the con v ey ing of messag e s, so und or v i sual i m
ages (whether the messages, sound or images are actually received by any person or not), or is used in connection with the determination
of position, bearing or distance, or for the gaining of information as to the presence, absence, position or motion, of any object
or of any objects of any class and references to apparatus or installations for radiocommunications however so described shall be
construed as references to apparatus or installations for the emitting or receiving of such electro-magnetic energy as aforesaid:
Provided that where any apparatus is electrically coupled with any installation originating, transmitting or relaying visual images
for the purpose of enabling any person to receive any of the said visual images (w heth er or no t su ch in stallation is an installation
for radiocommunications) the apparatus so coupled shall itself be deemed for the purpose of this Part to be an apparatus for radiocommunications;
"radiocommunications individual licence" means an individual licence given in accordance with article 30 or article 32 as
the case may be.
(2) For the purpose of this Part any apparatus ordinarily used as a distinctive com ponent part o f an app a rat u
s for radiocommunications shall be deemed to be intended to be so used, unless the contrary is proved.
Provided that in delegating any such powers and, or functions the Minister may specify the purpose and limits, if any, of
such delegation.
(2) The Authority may issue any general authorisations relating to any radiocommunications apparatus as the Minister may from
Delegation of powers under this Part.
Added by: XII. 2010.5.
Re-numbered by: IX. 2011.27.
time to time by order in the Gazette determine as being covered by any such general authorisations:
Provided that any fees that may be payable in relation to an y su ch general au tho r isatio ns sh al l b e est a b lished by th e
Minister:
Provided further that the faculty to issue a general au th ori s ati o n shall in clud e th e facu lty to amend th
e rig h ts, conditions and specifications stated in any such general authorisations.
(3) In issuing or amending a general authorisation the Authority shall first publish on its website and, or any other
means of com m unication a statement of t h e propo sed general authorisation or of any amendments thereto, giving any interested
p a rti e s the oppo rtu n it y t o com m e nt o n t h e propo sed gen e ral authorisation or amendments thereto within a period
the Authority considers reasonable.
(4) The Authority shall ensure that any general authorisations or amendments thereto are given publicity.
(5) The Minister shall be entitled to revoke or vary any designation made in terms of subarticle (1) and or any designation
made in terms of subarticle (2) by order in the Gazette.
Radio- communications apparatus authorisations by the Minister. Added by:
XII. 2010.5.
Re-numbered by:
IX. 2011.27.
Provided that the Minister may, after consultation with the Authority, by order in the Gazette amend the list of apparata in the Schedule.
(2) The Minister may require any person who -
(a) is using any apparatus to which this article applies in breach of any of the provisions of this Part and, or of any authorisation
conditions as may be applicable to that apparatus, or
(b) is using or allowing such apparatus to be used for unauthorised frequencies,
to desist from the use of any such apparatus and, or require such a person to deliver the apparatus to the Minister:
Provided that the Minister may seize and, or retain any such app a ratus and, o r cause the us e of any such apparat u s to b e restricted
in any manner, under such conditions and for such period of time as the Minister may specify where it results to the Minister that
such apparatus is being used in breach of this Part or of any au tho r i s atio n c ond iti ons that m a y appl y in rel a tio n
to the said apparatus:
Provided further that any expenses incurred by the Minister in the exercise of his functions under this subarticle including in the
seizure, retention, or storage however so described of the said apparatus, shall be recoverable as a civil debt by the Minister from
any person acting in breach of this article.
(3) A radiocommunications individual licence granted under this article may be issued subject to such terms, conditions and
limitations as the Minister may think fit, including in particular limitations as to the apparatus which may be installed or used
under such individual li cence and the places where, the pu rposes for which, the circumstances in which and the persons by whom
the apparatus may be used:
Provided that any such licence may be revoked, or the term s, conditions or limitations thereof varied by a notice in writing
of the Minister served on the holder of the individual licence or by a general notice, applicable to individual licences of the class
to which the i ndiv i dual licence in questi on bel ongs, published in the Gazette.
(4) A radiocommunications individual licence granted under this article shall, unless previo u s ly rev oke d by t h e Min
i st er, continue in force for such period as may be specified in the licence.
(5) Any person who contravenes the provisions of this article or who acts in breach of any terms, conditions or lim itati ons,
however so described, attached to an individual licence issued in accordance with this article shall be liable on conviction to a
fine (multa) of not less than three hundred euro (€300) and not more than ten thousand euro (€10,000) in respect of each apparatus; and upo
n t h e dem a nd of t h e prosecut i on th e Cou r t m a y order th e apparatus to be forfeited and delivered to the Minister.
(2) In the course of the exercise of any of the powers under this
Part the Minister may request the assistance of the Police.
(3) The directors and managers, by whatever name designated, or any oth e r perso n s wh o are o r h a ve b een i n ch ar g e
of th e operations or activities falling under the supervisory or regulatory functions of the Minister, shall assist and shall collaborate
with the Minister in order to enable him to discharge his functions, and shall collate and transmit without any undue delay such
information and documentation as the Minister may reasonably request from time to time.
(4) Any person who obstructs, impedes or assaults any person duly authorised by the Minister to act on his behalf in the exercise
of any power under this Part, or fails or refuses to comply with a requirement under this Part shall, on conviction, be liable to
a fine (multa) of not of less than four hundred euro (€400) and not more than twelve thousand euro (€12,000).
Enforcement. Added by: XII. 2010.5.
Re-numbered by: IX. 2011.27.
Radio- communications apparatus authorisations by the Authority. Added by:
XII. 2010.5.
Re-numbered by:
IX. 2011.27.
(2) No person shall, without a radiocommunications individual licence given in writing by the Authority, install or use an apparatus.
(3) The Authority may require any person who -
(a) is using an apparatus in breach of any of the provisions of this Part and, or of any authorisation conditions as may be applicable
to that apparatus, or
(b) is using or allowing such apparatus to be used for unauthorised frequencies,
to desist from the use of any such apparatus and, or require such a person to deliver the apparatus to the Authority:
Provided that the Authority may seize and, or retain any such apparatus and, or cause the use of any such apparatus to be restricted
in any manner, under such conditions and for such period of ti me as th e Aut h o r it y m a y specify where i t r e su lts to th
e Authority that such apparatus is being used in breach of this Part or of any authorisation conditions that may apply in relation
to the said apparatus:
Provided further that any expenses incurred by the Au thor ity i n the ex er cise of i t s funct i ons und er thi s
sub a rticle including in the seizure, retention, or storage however so described of the said apparatus, shall be recoverable as
a civil debt by the Authority from any person acting in breach of this article.
(4) A radiocommunications individual licence granted under this article may be issued subject to such terms, conditions and
limitations as the Authority may think fit, including in particular limitations as to the apparatus which may be installed or used
under such indi vidual licence and the places where, the purposes for which, the circumstances in which and the persons by whom the
apparatus may be used:
Provided that any such licence may be revoked, or the terms, conditions or limitation s thereof varied by a notice in writing
of th e Authority serv ed on the ho ld er of the indivi du al licence or by a general notice, applicable to individual licences
of the class to which the individu al licence in question belongs, published in the Gazette.
(5) A radiocommunications individual licence shall, unless previously revoked by the Authority continue in force fo r such
period as may be specified in the licence.
(6) The provisions of subarticle (2) shall not apply in relation t o an y ap parat us regul ated by a gen eral aut horisati on
issued in accordance with the provisions of this Part.
Penalties. Added by: XII. 2010.5.
Re-numbered by: IX. 2011.27.
or to a general authorisation, shall be liable on conviction to a fine (multa) of not less than three hundred euro (€300) and not more than ten thousand euro (€10,000) in respect of each apparatus: and upo n t h e dem a nd of t h e prosecut i on th e Cou r t m a y order th e apparatus to be forfeited and delivered to the Authority as the case may be.
(a) for the manner in which radiocommunications apparatus however so described is to be installed, sold, hired, operated,
maintained, protected or controlled, and in the case of any apparatus seized in accordance with articles 30 or 32, the manner
as to the disposal and, or storage of any such apparatus;
(b) for the technical standards or specifications to be observed with respect to any radiocommunications apparatus;
(c) for any aspect relating to the use of radiocommunications by merchant ships, foreign warships
and service aircraft including requirements on the carriage and provision of radiocommunications installations, the
maintenance of a radiocommunications service sufficient to comply with the purposes of this Part and with the
provisions of the Merchant Shipping Act or with any regulations made thereunder, the form, substance or duration of any licence to keep and use radiocommunications
installations, the nature of the radiocommunications installations to be provided, the services to be maintained,
and in the case of merchant ships the number, grade and qualifications of the operators and watchers to be carried
and providing for the examination of operators and watchers in cases where necessary and for fees payable in respect
of such examination, the conditions for the issue or recognition of certificates for operators and watchers
and the conditions for the replacement, suspension,
Sound only broadcast receivers. Added by: XII. 2010.5.
Re-numbered by: IX. 2011.27.
Minister may exempt certain categories from requirements of article 30. Added by:
XII. 2010.5.
Re-numbered by:
IX. 2011.27.
Power to make regulations. Added by:
XII. 2010.5.
Re-numbered by:
IX. 2011.27.
Cap. 234.
Cap. 418.
cancellation, and alteration of certificates for operators and watchers:
Provided that no ship shall be required to carry more than one operator unless more than one operator would have been required
under the provisions of the Merchant Shipping Act:
Provided further that the Minister may exempt, in whole or in part, from the obligations imposed by or under this Part any
ships or classes of ships if he is of the opinion that, having regard to the nature of the voyages on which the ships are
engaged, or other circumstances of the case, it is appropriate to do so;
(d) that any person who contravenes any provision of any regulations made under this article shall either -
(i) be guilty of an offence punishable on conviction of a fine (multa) not exceeding ten thousand euro (€10,000), or
(ii) be guilty of an infringement punishable as an administrative fine provided that such fines do not exceed twenty five
thousand euro (€25,000) for each infringement and, or five hundred euro (€500) for each day during which such
infringement persists:
Provided that:
(A) the procedure for the imposition of such administrative fines shall allow for the right to be heard to be respected before
any such fines are imposed;
(B) the procedure for the imposition and contestation of such fines shall be that established in respect of fines
imposed by the Authority under Part VII and Part VIII of the Malta Communications Authority Act, and the relevant provisions of the said Act and of any regulations made thereunder in respect of any
such procedure shall apply mutatis mutandis to administrative fines imposed by the Minister under this Part in such a manner that any reference to the Authority shall
be construed as a reference to the Minister;
(C) in all cases where the Minister or the Authority imposes an administrative fine in respect of anything done or omitted
to be done by any person and such act or omission also constitutes a criminal offence, no proceedings may be taken
or continued against the said person in respect of such criminal offence;
(e) for any aspect relating to the form, substance and
duration of any radiocommunications individual licence, the conditions on which such a licence is to be issued and held,
the fees payable thereon and the nature and character of the apparatus authorised by the licence which a sea-going
Maltese ship may be required to obtain to keep and use a radiocommunications installation;
(f) for any fees and, or charges, however so described, that may be payable in relation to any matters regulated
by this Part including the issue or renewal of any individual radiocommunications licences or authorisations however
so described, and the inspection of any ship for the purpose of seeing that she is properly provided with a radiocommunications
installation and certified operators and watchers in conformity with this Part;
(g) for any matter enabling the Minister to regulate and provide for general authorisations relating to radiocommunications
apparatus;
(h) for any procedures for the out-of-court settlement of disputes that may arise, including any agreement in writing that may
be entered into with a person accused of an offence under this Part, and any agreement for the payment of a fine in lieu of
prosecution for an offence under this Part, this notwithstanding any provisions of this Part;
(i) for any matter that may be required for the purpose of complying with any international obligations of Malta relating to
radiocommunications including those relating to standards in Malta:
Provided that the Minister may, when making any r e g u l a t i o n s u n d e r t h is ar ticl e wh ich relate
t o stand a r d s, specifications or to matters of a strictly technical nature, make such regulations in the English language only.
Provided that the Prime Minister may in making an order under this article, impose any such conditions as he may consider appropriate. In imposing such conditions the Prime Minister shall first consult the Authority.
Exemption from the provisions of this Part.
Added by: XII. 2010.5.
Re-numbered by:
IX. 2011.27.
Re-numbered by: XII. 2010.5.
Interpretation.
Added by:
VII. 2004.23.
Re-numbered by:
XII. 2010.5.
Substituted by:
IX. 2011.29.
PART V
"frequency plan" means the "national radio frequency plan" as ad op ted b y the Min i ster an d published in
ac cordance with the provisions of this Part; and
"general authoris ation" m eans a framework established by or under this Part laying down the rights and obligations for
the use of radio spectrum, when the use of the radio spectrum is not subject to an individual licence.
(2) This Part regulates all radio spectrum, with the exception of any radio spectrum expressly regulated under any other law, and
identified as such in the radio frequency plan.
Use of radio frequencies. Added by: VII. 2004.23.
Re-numbered by: XII. 2010.5
Substituted by: XII. 2010.6;
IX. 2011.30.
Provided that the Minister may in writing authorise any bod y establ ished by law dul y emp o wered at law to assi gn frequencies under thefrequency plan, to depart from the frequency plan. In doing so the Minister shall give his reasons and notice of such authorisation shall be made public.
Management of radio frequencies. Added by:
VII. 2004.23.
Re-numbered by:
XII. 2010.5.
Amended by:
IX. 2011.3.
Substituted by:
IX. 2011.27.
(2) Without prejudice to specific criteria and procedures adopted to grant rights of use of radio frequencies to providers
of radio or telev i sion broadcast co nten t serv ices wi th a view to pursuing general interest objectives in conformity with European
Union law:
(a) no exclusive or special rights of use of radio frequencies shall be granted for the provision of electronic
communications services; and
(b) the Authority and the Minister shall in the exercise of their respective functions with regard to the allocation of radio spectrum
used for electronic communications services and the issue of general authorisations or individual rights of use of such radio
frequencies, act in accordance with objective, transparent, non- discriminatory and proportionate criteria:
Provided that any related procedures used for the purposes of this paragraph shall be transparent.
(3) In applying the provisions of this article, the Minister and the Aut hority shall respect relevant international agreements,
including the ITU Radio Regulations, and may take public policy considerations into account.
(4) The Authority shall publish at least once a year, and make available on request, the assignment of radio frequencies, assigned
to it under the frequency plan.
Provided that before adopting or revising the frequency plan as the case may be, the Minister shall in all instances consult
the Authority.
(2) The Minister shall in drawing up the frequency plan establish which frequencies are assigned under this Act and, or
under any other law and the purposes for which they may be used.
Adoption and publication of a frequency plan. Added by:
VII. 2004.23.
Re-numbered by:
XII. 2010.5.
Amended by:
XII. 2010.7;
IX. 2011.32.
(2) The Minister, or the Authority with the approval of the Min i ster, may, h o w e v e r, p r ov ide for pro port i on ate
and non - discriminatory restrictions to the types of radio network or wireless access technology used for electronic communications
services where this is necessary to:
(a) avoid harmful interference;
(b) protect public health against electromagnetic fields; (c) ensure technical quality of service;
(d) ensure maximisation of radio frequency sharing; (e) safeguard efficient use of spectrum, or
(f) ensure the fulfilment of a general interest objective in accordance with article 41.
Technology neutrality. Added by: IX. 2011.35.
(2) The Minister, or the Authority with the approval of the Minister, may provide for proportionate and non-discriminatory
restrictions to the types of electronic communications services to be provided, including, where necessary, to fulfill a requirement
under the ITU Radio Regulations.
(3) Measures that require an electronic communications service to be p r ovi ded in a sp eci f ic ban d availabl e for electron
i c communications services shall be justified in order to ensure the fulfilment of a general interest objective as defined by the
Minister in conformity with European Union law, such as, and not limited to:
Service neutrality.
Added by:
IX. 2011.35.
(a) safety of life,
(b) the promotion of social, regional territorial cohesion, or
(c) the avoidance of inefficient use of radio frequencies, or
(d) the promotion of cultural and linguistic diversity and media pluralism, for example by the provision of radio and television
broadcasting services.
(4) A measure which prohibits the provision of any other electronic communications service in a specific band, may only
be provided for where justified by the need to protect safety of life services:
Provided that the Minister or the Authority as the case may be, may exceptionally also extend such a measure in order to fulfill o
t h e r gen e ral int e rest obj ect iv es as defin e d by th e M i n i ste r in accordance with European Union law.
Application of technology and service neutrality. Added by:
IX. 2011.35.
(2) Articles 40 and 41 shall apply to spectrum allocated to be us ed fo r ele c tro n ic communi cations services, general
au tho r isatio ns issued an d i ndi vid u al ri ght s of use of r a d i o frequencies granted after the 25th May 2011.
(3) Spectrum allocations, general authorisations and individual rights of use wh ich existed before the 25th May 2011 shall be
subject to article 43.
Review of restrictions on existing rights. Added by:
IX. 2011.35.
2011, holders of rights to use radio frequencies which were granted before this date and which will remain valid at least until the
25th
May 2016, may su bm i t an appli cat ion to t h e Au thority fo r a reassessment of the restrictions on their rights in accordance
with articles 40 and 41.
(2) Before adopting its decision, the Authority shall notify the rights holder of its reassessment of the restrictions, indicating
the extent of the right after reassessment.
(3) The Authority shall allow a reasonable time limit for the rights holder to withdraw the application, if desired. If the rights
holder withdraws the applicat io n, th e r i g h t s shal l re ma in unchanged until its expiry or until the 25th May 2016, whichever
is the earlier date.
(4) After the 25th May 2016 the Authority shall take all appropriate measures to ensure that articles 40 and 41 apply
to all remaining general authorisations, i nd i vi d ua l ri gh t s of u se, an d spectrum allocations used for electronic communications
services which existed on the 25th May 2011.
(5) In applying this article, the Authority shall take appropriate
measures to promote fair competition.
(6) Measures adopted in applying this article do not constitute the granting of new rights of use and therefore are not subject
to the relevant provisions of Article 5(2) of the Authorisation Directive.
Provided that conditions attached to individual rights to use radio frequencies shall continue to apply after the transfer or lease,
unless otherwise specified by the Authority.
(2) Without prejudice to any applicable legislation, or any procedures that the Authority may specify, an undertaking shall
notify its intention to transfer rights to use radio frequencies, as well as the effective transfer thereof to the Author ity and
shall make such intention public.
(3) Where radio frequency use has been harmonised through the application of the Decision No 676/2002/EC (Radio Spectrum Decision)
or other European Union measures, any such transfer shall comply with such harmonised use.
Rules preventing spectrum hoarding. Added by:
IX. 2011.35.
Spectrum Trading.
Added by:
IX. 2011.35.
Powers of the Authority specific to radio frequencies.
Added by: VII. 2004.23.
Re-numbered by: XII. 2010.5;
IX. 2011.34.
*By Act IX.2011.34, articles 43, 44, 45, 45A, 46, 47, 48 and 49 (8 articles) were erroneously re-numbered as articles 4 6 , 47, 48, 49, 50, 51 and 5 2 (7 articles); consequently, in order to keep a logical sequence, the said articles have, instead, been re-numbered as articles 46, 47, 48, 49, 50, 51, 52 and 53. As a result further re- numbering has had to be made in order to keep the numerical sequence of article numbers.
Re-numbered by: XII. 2010.5.
Regulations. Added by: VII. 2004.23. Amended by:
L.N. 425 of 2007; XXX. 2007.32.
Re-numbered by: XII. 2010.5.
Amended by: XII. 2010.9; IX. 2011.3.
Amended by: IX. 2011.36.
PART VI
(a) regulate electronic communications services and, or networks including interconnection of networks, collocation
of facilities, carrier pre-selection, access to networks, rights of way, the transmission or reception of satellite signals,
the maintenance of and publication, and access to any information however so described, stipulate universal service
obligations, any matter concerning numbers including portability, plans and allocation, any matter concerning e-mail
forwarding or other similar services to ensure fair competition or for end-user protection purposes, the obligations of
an undertaking having significant market power, competition and end-user protection rules including but not limited
to rules relating to the suspension, termination and renewal of electronic communications services to end-users, compensation
and refund arrangements, billing procedures and billing accuracy, emergency services, harmonised services for social
value, and directory services;
(b) provide for any requirements that may be imposed on undertakings to adopt accounting systems as may be prescribed and to keep
such operational, accounting, financial, statistical and technical records as may be specified in the regulations, including the
provision to the Authority of such statement, returns and other information about any company in which an
undertaking has a controlling interest as the Authority may require for the carrying out of its functions under this Act;
(c) provide for the conditions applicable to any authorisations and, or licences however so described, and returns
and reports to be made to the Authority;
(d) regulate the manner in which an electronic communications and, or radiocommunications infrastructure
or apparatus is to be installed, operated, maintained, protected or controlled and the technical standards or specifications to
be observed with respect to such infrastructure or apparatus;
(e) provide for the measures to be taken to ensure compliance with international and other standards used in the electronic
communications and for the means to be used and the measures to be adopted to ensure safety and prevent danger, damage
or nuisance in relation to any aspect of electronic communications;
(f) regulate the quality and standard of electronic communications services to be provided, and quality of service
targets and the establishment and maintenance of an efficient assistance service by undertakings for users;
(g) provide for the complaint processing procedures to be implemented by an undertaking;
(h) regulate television and radio distribution services including must carry rules, and the obligation to make channel capacity
for public, governmental or educational use;
(i) provide for any matter relating to the resolution of any disputes and, or complaints however so described relating to
electronic communications networks or services including appeals from any decision, and the procedure to be followed in the
resolution of cross- border disputes;
(j) regulate the procedure for the resolution of disputes involving electronic communications networks and, or services and end-users
and the relationship between the Authority and other public authorities responsible for the resolution of disputes;
(k) provide for data retention obligations, and for rules regarding the access by the Authority and by the Police to
data retained by undertakings, and prescribe measures to be taken by any person for the purpose of ensuring the inviolability
of electronic communications transmitted and their confidentiality and the protection of privacy in relation
to any electronic communications service including data protection measures in the electronic communications sector and
data protection measures related to the use of information obtainable in the electronic communications sector
for the purpose of direct marketing;
(l) regulate the provision of information between Malta and the European Union and, or Members States;
(m) regulate and provide for any fees and, or charges however so described that may be payable to the Authority;
(n) provide for any matters that may be required for the purpose of complying with any international obligations
of Malta related to electronic communications in particular for the purpose of complying with
any requirements however so described of the European Union;
(o) regulate the allocation, assignment and use of radio frequencies for electronic communications networks and, or services,
including the transfer or lease of rights to use radio frequencies to other undertakings
Cap. 418.
and the procedure to be followed;
(p) regulate any matter relating to the regulation, administration, management and authorisation of radio spectrum, including
any aspect concerning the issue of authorisations, spectrum trading, the manner in which radio frequencies and, or apparatus
as may be designated, may be used without the need of an authorisation, and the fees and conditions that may be imposed
in relation thereto;
(q) empower the Authority to impose administrative fines not exceeding the sum of two hundred and thirty-two thousand and nine
hundred and thirty-five euro (232,935) for each offence and four thousand and six hundred and fifty-five euro (4,655)
for each day during which failure to comply with this Act persists, upon any person acting in contravention of any
regulations made under this Act and to provide for the imposition and enforcement of such fines in accordance
with the provisions of this Act and the Malta Communications Authority Act;
(r) regulate the obligations including financial obligations of undertakings with regard to legal interception;
(s) provide for any matter relating to the qualifications that a person may require in order to carry out any works or
perform any other act relating to construction, repair, maintenance, alteration or control of any electronic communications
service and, or network, including the tests to be employed for ascertaining whether a person possesses
these qualifications;
(t) prescribe penalties for criminal offences against any regulations made under this Act, including different fines (multa) for different offences and, or fines (multa) calculated in accordance with the duration of the commission of the offence:
Provided that any such regulations as may be made shall not provide for a fine (multa) of more than twenty five thousand euro (€25,000) or five hundred euro (€500) for each day during which the offence
persists;
(u) prescribe anything that may be prescribed under this
Act:
Provided that the Minister may, when making any regulations under this subarticle which relate to standards or to matters
of a strictly technical nature, make such regulations in the English language only.
(2) The Minister may, after consultation with the Authority, by order in the Gazette empower any other public authority established
by law to exercise any specific functions under this Act or under any regulations made thereunder where in the opinion of
the Minister it is deem ed a ppropriate in the particular circumstance s for the said functions to be exercised by another
public authority:
Provided that in issuing an order under this subarticle the
Minister shall give his reasons therefor.
PART VII
Offences of criminal nature specific to electronic communications. Added by:
VII. 2004.23. Amended by:
L.N. 425 of 2007.
Re-numbered by:
XII. 2010.5;
IX. 2011.34.
shall be guilty of an offence under this Act and shall, on conviction, be liable to a fine (multa) not exceeding twenty-three thousand and t w o h undred and n i nety euro (€23,29 0) and i n the case of a continuing offence for
a further fine (multa) not exceeding four hundred and sixty-five euro (€465) for each day during which the offence continues.
(2) Any person who furnishes information to the Authority or the Minister which he knows, or has reasonable cause to believe to
be false or misleading, or impedes or obstructs the Authority or the Minister, in the performance of any functions by or under this
Act, shall be guilty of an offence under this Act, and shall on conviction, be liable to a fine (multa) not exceeding twenty-three thousand and two hundred and ninety euro (€23,290) or to imprisonment for a pe riod not e x ceeding
six months, or to both such fine a n d imprisonment.
(3) Any person who being a person employed or detailed for duty with or attached to an undertaking -
(a) gives any information with regard to any message with which he becomes acquainted by reason of his office to any person not entitled
to receive such information;
(b) wilfully alters or suppresses any message or the designation of the person to whom it is transmitted or to whom it is
addressed, without a good cause;
(c) wilfully omits, delays or obstructs the transmission or delivery of any message or cancels or destroys any message or an
application for the transmission of any message without a good cause;
(d) wilfully represents a message as having been sent by a person other than the sender or as being addressed to a person other than
the addressee, or an application for the transmission of a message as having been made by a person other than the applicant, without
good cause;
(e) wilfully cancels or destroys any message not addressed to him or an application for the transmission of a message, without
good cause; or
(f) unlawfully withdraws from the control of an undertaking, or of an individual employed or detailed for duty
with, or attached to, an undertaking, a message addressed to another person,
shall be guilty of an offence under this Act and shall be liable, on conviction, to a fine (multa) not exceeding twenty-three thousand and two hundred and ninety euro (€23,290) or to imprisonment for a peri od no t excee din
g six m o n t h s , or t o bo th suc h fin e and imprisonment.
(4) Any person who assaults or obstructs or impedes any officer, employee or agent of an undertaking in the exercise of
his duties with such undertaking shall be guilty of an offence under this Act, and shall on conviction be liable to a fine (multa) not exceeding eleven thousand and six hundred and forty-six euro and eighty-seven cents (€11,646.87) or to imprisonment for a
period not exceeding three months, or to both such fine and imprisonment.
Use of electronic communications apparatus to make threats.
Added by: XXX. 2007.33.
Re-numbered by: XII. 2010.5;
IX. 2011.34.
(a) threatens the commission of any crime; or
(b) with intent to extort money or any other thing, or to make any gain, or with intent to induce another person to do or omit from
doing any thing, threatens to accuse or to make a complaint against, or to defame, that or another person; or
(c) makes any other improper use thereof,
shall b e g u ilty of an of fence under this Act and shall, on conviction, be liable to a fine (multa) not exceeding twenty-three thousand, two hundred and ninety-three euro and seventy-three cents (€23,293.73) and, in the case
of a continuing offence, to a further fine (multa) not exceeding four hundred and sixty-five euro
and eighty-seven cents (€465.87) for each day during which the offence continues.
(a) prescribe different fines (multi) for different offences; (b) prescribe fines (multi) calculated in accordance with
the duration of the commission of the offence:
Provided that any such regulations as may be made shall not provide for a fine (multa) of more than twenty-three thousand and two hundred and ninety euro (€23,290) or four hundred and six t y-five euro ( €465)
for each day d u ring which t h e offence persists.
Power of Minister to make regulations in
relation to criminal offences.
Added by: VII. 2004.23.
Amended by:
L.N. 425 of 2007.
Re-numbered by:
XII. 2010.5;
IX. 2011.34.
51. (1) No proceedings for any criminal offence under this Act other than offences under article 27, under article 48(1)(d) or under article 49 shall be inst ituted with out the consent of t h e Authority or at its request.
(2) Notwithstanding anything contained in the Criminal Code, an appeal to t he co urt o f com petent jur isd iction shall lie to t he prosecution against any judgement delivered in any proceedings
with respect to an offence under this Act.
PART VIII
45, 46 and 47 as in force on the 1st May, 2004 shall be without p r eju d ice t o an yth i n g don e or sti ll to be don e un der
the sai d
articles.
(2) Any regulations made or kept in force by or under any of the provisions of this Act as in force on the 1st May, 2004 and still
in force on the said date shall, until other provision is made under or by virtue of this Act, continue to be in force and have effect.
(3) Any directives, decisions or designations however so described made by the Authority under this Act as in force on
the
1st May, 2004 and still in force on the said date shall continue to be in force until revoked or amended by the Authority.
(4) The provisions of article 44 as in force on the 1st May, 2004 shall continue to apply:
(i) in respect of anything done at the time when they were in force and in respect of anything consequential, arising out
of or related thereto whenever so done; and
(ii) mutatis mutandis in respect of the implementation of this Act or any law or regulation with the purpose of
Proceedings for a criminal offence. Added by:
VII. 2004.23. Amended by: XXX. 2007.34.
Re-numbered by: XII. 2010.5. Amended by:
IX. 2011.37.
Cap. 9.
Saving. Added by: VII. 2004.27.
Re-numbered by: XII. 2010.5;
IX. 2011.39.
*this article was originally erroneously re-numbered as article 51 - see explanation in footnote to article 46.
Review of former obligations for access and interconnection. Added by:
VII. 2004.27.
Re-numbered by:
XII. 2010.5;
IX. 2011.39.
S.L. 399.09
S.L. 399.10
S.L. 399.14
S.L. 399.24
S.L. 399.26
S.L. 399.27
Existing authorisations. Amended by: XIX. 1998.3; XVIII. 2000.31; VII. 2004.25, 26.
Re-numbered by: XII. 2010.5.
Substituted by: IX. 2011.40.
market liberalisation or compliance with the international obligations of Malta with regard to electronic
communications services or electronic communications networks.
53.* (1) Notwithstanding anything in this Act or in any reg u la ti on s m a de th ereun d er, an un derta k i ng sha l
l co nt inu e to comply with any obligations concerning access and interconnection under this Act as previously entitled as the
Telecommunications (Regulation) Act and any regulations made thereunder including under the Inte rnet and Ot her Data Ne tw orks
(Servi ce Prov iders) Regu lations , the Te le c o mmunica tions Ser v ic es (Gene r al) Regulations, the Interconn ecti on (Obligat ions and Rates) Regulati ons , the Cable Sys t e m s (Genera l ) Re gulations , the Te lec o mmunication s (Un bund led A ccess to th e Local Loo p ) Regulations, the Telecommunications (Leased Lines) Regulations, applicable to it immediately before the coming into force of this Act until s u ch time as the said regulations are amended or
as specific obligations pursuant to a market analysis undertaken by the Autho r ity in accor dance with the pro v isions of thi
s Act, are imposed on any undertaking designated under article 9.
(2) The Authority shall give such notice as it considers reasonable to any party affected by the amendment or withdrawal
of obligations referred to in subarticle (1).
19 December 2011 at the latest.
(2) Notwithstanding subarticle (1) where the Authority considers that the application of the said subarticle would
result in a re duc tio n of rig h t s or e x te nsio n of o b l i ga tio ns on a person holding such an authorisation or right of
use already in existence, the Authority may extend the validity of those authorisations or rights of use until 30 September 2012,
provided that it considers that the rights of other persons are not adversely affected thereby. Th e Au th orit y sh all n o t i
fy su ch extension to the European Commission and state the reasons therefor.
Exemption from the provisions of this Act.
Added by: XVIII. 2000.31.
Amended by: VII. 2004.28; XXX. 2007.35.
Re-numbered by: XII. 2010.5. Amended by:
IX. 2011.41.
(2) The Prime Minister may by order published in the Gazette exempt from any of the provisions of this Act any electroni c comm unications n e twork and, or service belonging to a Government Department or to a body established by law or to a company in which the Government of Malta holds at least ninety per cent of all paid-up share capital and used for its own purposes
*this article was originally erroneously re-numbered as article 52 - see explanation in footnote to article 46.
†this article was originally erroneously re-numbered as article 53 - see explanation in footnote to article 46.
or exclusively for the purposes of Government and in issuing such an exemption the Prime Minist er m a y al so i m p o se co ndi tio
ns thereto as he deems fit.
SCHEDULE [Article 28]
Apparata listed under article 28 whereby an individual licence by the Minister is required:
(1) Broadcast receiving licence used for the reception of visual images in colour sent by television.
Added by: XII. 2010.10.
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