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Telecommunications (Regulation) Act (Cap. 399) Publications Of A Directive By The Malta Communications Authority (L.N. 303 Of 2003 )

TELECOMMUNICATIONS (REGULATION) ACT (CAP. 399)
Publication of a Directive by the Malta Communications
Authority
THE Malta Communications Authority (hereinafter referred to as “the Authority”) is hereby publishing the following Directive for the purposes of the Telecommunications (Regulation) Act, of the Telecommunications Services (General) Regulations and the Internet and Other Data Networks (Service Providers) Regulations.
“Directive by the Malta Communications Authority
Keyworld Ltd requested the intervention of the Authority in accordance with articles 27, 28 and 29 of the Telecommunications (Regulation) Act, alleging that Maltacom plc had disabled access from public payphones to numbers starting with the four digits 2188 and that consequently subscribers to the OneVoice service operated by Keyworld Ltd were unable to connect to the access number 21884773 from any Maltacom plc payphone.
Subsequent to this communication both Maltacom plc and
Keyworld Ltd. made written submissions to the Authority.
The Authority after having also considered all the submissions made and the documentation presented by all the parties, determines as follows>
The numbering allocation and management is the responsibility of the Authority, and Maltacom plc does not have the right to disable access to such numbers from its public payphones. Reference in this context is made to regulation 17 of Legal Notice 151 of 2000 which requires operators to conform to any direction that the Authority gives concerning the national numbering plan.
The Authority considers that the determination of the issues in question hinges primarily on the disabling of access to a set of numbers
for which there is no justifiable cause at law. The Authority administers the numbering plan and has never required any operator to block access to sections of this plan. Moreover there should not be any differences between the numbers accessible from a residential or business phone line and a public payphone as this would constitute a discriminatory practice.
The Authority in line with its functions including those under article
4 of Cap. 399 considers that there is no valid reason or justification at law why Maltacom plc should unilaterally disable access to the 2186 and 2188 numbering ranges and that Maltacom’s actions are contrary to the Telecommunications (Regulation) Act including articles 18(a) (b) and (f), and 29 thereof. The Authority considers the disabling of access by Maltacom plc to be a practice that is unreasonable and runs counter to the obligation of Maltacom plc to make available telecommunications services it provides accessible.
The Authority considers that Maltacom plc’s actions contravene regulation 9(2) of the Telecommunications Services (General) Regulations, in particular paragraph (i) thereof, and that such actions have the effect of preventing, restricting and distorting competition to the advantage of Maltacom plc and#or its subsidiaries and this in breach also of the general principles of competition law.
Therefore pursuant to the Telecommunications (Regulation) Act, the Telecommunications Services (General) Regulations and the Internet and Other Data Networks (Service Providers) Regulations is making the following Directive>
1. That Maltacom plc shall not without, prior written authorisation from the Authority, disable access from any numbers to any numbers within numbering ranges allocated to it in accordance with the national numbering plan and to the extent that it is currently acting in violation of this directive forthwith desist from doing so<
2. That any advertisements placed in promoting packet switched voice services must clearly indicate the type of service being offered and cannot be marketed as telephony<
3. That access to any internet access service, however so described, must be made only by using 2188XXXX or 2186XXXX or as otherwise stipulated by the Authority<
B 4051
B 4052
4. That articles 1 and 2 of this Directive shall come into force on the date of publication of this Directive in the Gazette, whereas article
3 of this Directive shall come into force on the 2nd February, 2004.
Joseph V. Tabone
Chairman
Malta Communications Authority.”.

Ippubblikat mid-Dipartiment ta’ l-Informazzjoni (doi.gov.mt) — Valletta — Published by the Department of Information (doi.gov.mt) — Valletta

Mitbug[ fl-Istamperija tal-Gvern — Printed at the Government Printing Press

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