Home | Databases | WorldLII | Search | Feedback Maltese Laws

Telecommunications (Regulation) Act (Cap. 399) Cable Systems (General) (Amendment) (No. 3) Regulations, 2003 (L.N. No. 201 Of 2003 )

TELECOMMUNICATIONS (REGULATION) ACT (CAP. 399)
Cable Systems (General) (Amendment) (No. 3) Regulations, 2003
IN exercise of the powers conferred by article 38 of the Telecommunications (Regulation) Act, the Minister for Transport and Communications, after consultation with the Malta Communications Authority, has made the following regulations>-
1. (1) The title of these regulations is the Cable Systems (General) (Amendment) (No. 3) Regulations, 2003 and shall be read and construed as one with the Cable Systems (General) Regulations, 2001, hereinafter referred to as “the principal regulations”.
(2) These regulations shall all come into force on the date of their publication in the Gazette other than paragraph (b) of regulation
24 which shall come into force on such date as the Minister may by order determine.
2. Regulation 2 of the principal regulations shall be amended as follows>-
(a) in sub-regulation (1) thereof the words “apply to cable systems and services.” shall be substituted by the words “apply to cable systems and, or services.”<
(b) immediately after sub-regulation (2) thereof there shall be added the following proviso>
“Provided that nothing in these regulations shall be interpreted as exempting any person from the need to be authorised in accordance with the Telecommunications Services (General) Regulations, 2000 if that person wishes to provide any of the systems and, or services thereby regulated<”.
3. Regulation 4 of the principal regulations shall be amended as follows>
(a) immediately before the definition “cable system” there shall be inserted the following new definition>

Citation.

L.N. 167 of 2001

.

Amends regulation

2 of the principal regulations.

L.N. 151 of 2000

.

Amends regulation

4 of the principal regulations.

B 2340

Amends regulation

5 of the principal regulations.

Amends regulation

6 of the principal regulations.

“ “cable service” means the distribution of television and, or radio broadcasts or other television services to a subscriber by means of a cable system<”<
(b) for the definition “cable system” there shall be substituted the following -
“ “cable system” means any system operating by means of coaxial cable, optical fibre, or other transmission lines or forms of transmission, and associated equipment and devices located above, below, on, in, or along the streets and public ways, a function of which is to receive through any means, including without limitation, coaxial cable, optical fibre, antenna, or satellite or microwave transmission, and to distribute to subscribers or other persons the signals of one or more broadcast television or radio stations or other sources of video, audio, voice or data signals<”<
(c) the definition “cable television” shall be deleted<
(d) for the definition “operator” there shall be substituted the following -
“ “operator” means any person who operates a cable system and, or provides a cable service<”.
4. In regulation 5 of the principal regulations the words “or company” wherever they occur shall be deleted.
5. Regulation 6 of the principal regulations shall be amended as follows>
(a) in sub-regulation (2) for the words “The determination of the Regulator shall take into account the operator’s ability to influence market conditions, its turnover relative to the size of the market, its control of the means of access to end use, its access to financial resources and its experience in providing products and services in the market.” there shall be substituted the words “The Regulator may also determine that operators which are presumed to have a dominant market position under sub-regulation (1) of this regulation do not have a dominant market position. In either case the determination of the Regulator shall take into account the operator’s ability to influence market conditions, its turnover relative to the size of the market, its control of the means of access to end use, its access to financial resources and its experience in providing products and services in the market.”<
(b) sub-regulation (4) shall be deleted.
6. Regulation 7 of the principal regulations shall be amended as follows>
(a) in sub-regulation (2) the words “or having universal service obligations” shall be deleted<
(b) sub-regulations (5) and (6) shall be deleted.
7. Regulation 9 of the principal regulations shall be amended as follows>
(a) in sub-regulation (1) the words “cable systems and services” shall be substituted with the words “cable systems and, or services”<
(b) paragraph (ii) of sub-regulation (1) shall be deleted, and paragraphs (iii) to (v) renumbered as paragraphs (ii) to (iv)<
(c) in the proviso to sub-regulation (1) for the words “under this regulation” there shall be substituted the words “under these regulations relating to competition matters”< and
(d) in sub-regulation (2) thereof for the words “of its cable system refrain from doing anything, by act or omission, which has the effect or the intention of preventing, restricting or distorting competition. Such act or omission may take the form of>” there shall be substituted the words “of its cable system and, or service refrain from doing anything by act or omission, which has the effect or the intention of preventing, restricting or distorting competition. Such act or omission may also include>”.
8. Regulation 10 of the principal regulations shall be amended as follows>-
(a) in sub-regulation (1) for the words “decisions issued” there shall be substituted the words “any decisions or directives howsoever described issued”<
(b) in sub-regulation (7) hereof for the words “An operator shall provide” there shall be substituted the words “An operator having a dominant market position shall provide”.
B 2341

Amends regulation

7 of the principal regulations.

Amends regulation

9 of the principal regulations.

Amends regulation

10 of the principal regulations.

B 2342

Amends regulation

11 of the principal regulations.

Amends regulation

12 of the principal regulations.

Amends regulation

13 of the principal regulations.

Amends regulation

15 of the principal regulations.

Amends regulation

16 of the principal regulations.

Repeals regulations

18, 19 and 20 of the principal regulations.

9. For sub-regulation (5) of regulation 11 of the principal regulations there shall be substituted the following>
“(5) Tariff changes shall be implemented only after the lapse of a period of thirty days from the date of publication in the Gazette of the decision approving such tariff changes.”.
10. Regulation 12 of the principal regulations shall be amended as follows>-
(a) in sub-regulation (2) for the words “Other operators and customers shall be given the opportunity to comment upon such support” there shall be substituted the words “Other operators and customers shall be given the opportunity to comment upon the proposed changes in the tariffs”<
(b) in sub-regulation (3) for the words “of his receiving the information referred to in subregulation (2) hereof.” there shall be substituted the words “of his receiving all the information requested including that referred to in subregulation (2) hereof>” and immediately thereafter there shall be added the following proviso>-
“Provided that the Regulator may extend the period of six weeks referred to in this sub-regulation by a further period not exceeding four weeks, in which case the Regulator shall inform the operator concerned of such an extension.”.
11. In sub-regulation (6) of regulation13 of the principal regulations the words “or data” shall be deleted.
12. In sub-regulation (1) of regulation 15 of the principal regulations for the words ”for the provision of services over a cable system.” there shall be substituted the words “for the provision of services over a cable system, and shall in any case obtain a clearance in writing in accordance with aforesaid Ordinance if that radio frequency is not required for the provision of such services.”.
13. In regulation 16 of the principal regulations for the words “customer” or “customers” wherever they occur there shall be respectively substituted the words “subscriber” or “subscribers”.
14. Regulations 18, 19 and 20 of the principal regulations shall be repealed.
15. Regulations 21 to 31 of the principal regulations shall be renumbered as regulations 18 to 28.
16. In sub-regulation (3) of regulation 18 as renumbered of the principal regulations for the words “six months” there shall be substituted the words “one month”.
17. In paragraph (vii) of regulation 22 as renumbered of the principal regulations the words “and for services provided under the universal service obligations” shall be deleted.
18. For regulation 24 as renumbered of the principal regulations there shall be substituted the following>

“Right of 24. An operator or any other interested party shall have

B 2343

Renumbers regulations 21 to 31 of the principal regulations.

Amends regulation

18 as renumbered of the principal regulations.

Amends regulation

22 as renumbered of the principal regulations.

Substitutes regulation 24 as renumbered of the principal regulations.

appeal.

a right to appeal to the Telecommunications Appeals Board against any decision of the Regulator taken in accordance with these regulations including any decision relating to any dispute referred to the Regulator under regulation 23 of these Regulations.”.
19. Sub-regulation (6) of regulation 26 as renumbered of the principal regulations shall be amended as follows>
(a) in paragraph (a) for the words “one member appointed by operators” there shall be substituted the words “one member appointed by those operators having a dominant market position”<
(b) in paragraph (b) for the words “The operator” there shall be substituted the words “An operator having a dominant market position”.
20. After regulation 28 as renumbered of the principal regulations there shall be added the following new regulation>-

Amends regulation

26 as renumbered of the principal regulations.

Adds new regulation 29 to the principal regulations.

“Sanctions.

L.N. 231 of

2002.

29. The Regulator may impose an administrative fine in accordance with the Telecommunications (Administrative Fines and Sanctions) Regulations, 2002 upon an authorised provider who fails to comply with any of the provisions of these regulations or with any directive or decision, howsoever described, that the Regulator may issue or give under these regulations.”.
21. The First Schedule to the principal regulations shall be amended as follows>-

Amends the First Schedule to the principal regulations.

B 2344
(a) after the words “(Regulation 5)” there shall be added the words “PART 1”<
(b) immediately at the end of PART 1 there shall be added the following new Part>
“PART 2
Licence for Cable Television Services
Granted by the Regulator in exercise of the powers conferred by the
Telecommunications (Regulation) Act, Cap.399.
Date of Issue> Validity Period>
Name of Company Registered Address Registration Number
1.0 Scope of Licence
1.1 is licensed to provide cable television services
(“Services”) throughout the territory of Malta.
1.2 The licensed services are cable television services.
1.3 This licence shall not be construed as granting an exclusive right to the Licensee to provide the Services.
1.4 The Telecommunications (Regulation) Act, all national Laws and Regulations, and decisions of the Regulator shall apply to the Licensee for all purposes and form an integral part of this licence except in those cases where the Licensee is specifically exempted.
2.0 Service Implementations
The Licensee shall introduce services to users in Malta, as committed under its licence application in terms of geographic scope, availability to users and quality of service.
3.0 Fees
The Licensee shall pay such fees to the Regulator in the amounts and at times stated by the Regulator, consistent with any Law or Regulations that provide for such fees.
4.0 Lawful Interception Capability
The Licensee shall furnish to the competent authorities the data and equipment needed to accomplish their lawful interception requirements as specified by Maltese law.
5.0 Transfer of Licence
The Licensee shall not transfer all or part of this licence without the prior written consent of the Regulator and subject to reasonable conditions. In giving his consent the Regulator will have regard to such matters that he thinks fit, including the effect which the transfer could possibly have on the market structure and the financial and technical competence of the Transferee.
6.0. Renewal
This licence shall automatically be renewed for subsequent ten year terms unless a breach occurs of applicable laws, regulations and of the Regulator’s decisions, or an overriding policy need arises. A consultation process will commence no later than six months prior to the end of the licence term if the Regulator foresees the possibility that he will not renew the licence.
7.0 Termination
This licence shall be subject to termination in whole or in part because of its expiration, renunciation by the Licensee, revocation in accordance with the Telecommunications (Regulation) Act, or insolvency, liquidation or bankruptcy of the Licensee.
8.0 Reporting
The Licensee shall furnish to the Regulator, in such a manner and at such times as the Regulator may reasonably request, such network, operations, and financial information as he may reasonably require for the purpose of verifying that the Licensee is complying with conditions of the Licence and for statistical purposes.
9.0 Resolutions of Disputes
The Licensee shall follow the procedures set up by law or the Regulator in order to resolve disputes in a fair, transparent and timely manner and shall take all steps as required by the Regulator.
10.0 Broadcasting licence
In accordance with article 16A of the Broadcasting Act, the Licensee is hereby granted broadcasting licences to allow it to broadcast the following over a cable system>
10.1. Programme and other information with respect to the cable system and its programming over which the licensee is broadcasting.
10.2. Previews of programmes that will be shown on the cable system.
10.3. Cinematographic films.
10.4. Sports and similar programming.
B 2345
B 2346

Amends the Second Schedule to the principal regulations.

10.5. Weather data and general information. Such general information shall not, without the previous authority of the Regulator include news or news related programmes.
10.6. General entertainment.
10.7. Sound only signals. Such sound only signals shall not, without the previous authority of the Regulator include news or news related programmes.
22. For paragraphs 1 and 2 of the Second Schedule to the principal regulations there shall be substituted the following>
“1. Fees to be paid on the grant of a licence>
i. for cable systems and services in respect of a nationwide licence> Lm60,000.
ii. for cable systems and services in respect of any particular geographical area or locality> Lm1,500 per locality.
2. Fees to be paid on an annual basis>
i. for cable systems and services in respect of a nationwide licence> Lm 60,000 plus 4 per cent of total gross revenues.
ii. for cable systems and services in respect of any particular geographical area of locality> Lm 1,500 per locality plus 4 per cent of total gross revenues.
iii. for cable television services in respect of a nationwide licence> Lm 10,000 plus 4 per cent of total gross revenues.
3. Annual contribution to the running costs of the Community
Channel>
i. an operator having a dominant market position in respect of a nationwide licence> Lm35,000.
ii. an operator having a dominant market position in respect of any particular geographical area or locality> Lm1,500 per locality.”.
23. In the Third Schedule to the principal regulations for the words “(Regulation 28)” there shall be substituted the words “(Regulation 25)”.
24. The Fourth Schedule to the principal regulations shall be amended as follows>
(a) for the words “(Regulation 29)” there shall be substituted the words “(Regulation 26)”<
(b) the words “for which the operator may not impose a charge or a deposit in respect of any addressable converter required by the subscriber” shall be deleted<
(c) for the words>
“7. RAI UNO Foreign Terrestrial
8. RAI DUE Foreign Terrestrial
9. RAI TRE Foreign Terrestrial
10. Canale 5 Foreign Terrestrial
11. Rete 4 Foreign Terrestrial
12. Italia Uno Foreign Terrestrial
13. TVE Teletna Foreign Terrestrial
14. Odeon#Antenna Sicilia Foreign Terrestrial
15. Italia 7 Foreign Terrestrial
16. Weather#Information Channel Local Cable TV Channel
17.TMC Foreign Terrestrial
18.TMC2 Foreign Terrestrial
19. Rete Sicilia Foreign Terrestrial
20. BBC Sound Broadcasting Foreign Sound Radio.”
there shall be substituted the words>
“7. Weather#Information Channel Local Cable TV Channel>
Provided that the Regulator may after consulting the Broadcasting Authority by order in the Gazette, vary this list of television and radio broadcasting programme services.”.
B 2347

Amends the Third Schedule to the principal regulations.

Amends the Fourth Schedule to the principal regulations.