A 1190
I assent.
(L.S.) GEORGE VELLA
President
27th July, 2021
ACT No. LII of 2021
AN ACT to amend various laws re lating to communications and to
make provision with resp ect to matters ancillary  thereto or connected
therewith.
BE IT ENACTED by the President, by and with the advice and
consent of the House of Represent atives, in this present Parlia ment
assembled, and by the authority of the same, as follows: 
Short title and 
commencement.1. (1) The short title of this Act is the Communications Laws
(Amendment No. 2) Act, 2021. 
(2) Unless otherwise provided in  this Act, this Act shall come
into force on such date as the Minister responsible for communi cations
may by notice in the Gazette appoint, and different dates may b e so
appointed for different provisions and different purposes of this Act. 
Scope. (3) The scope of this Act is to amend various laws relating to the
communications sectors so as to transpose certain provisions of
Directive (EU) 2018/1972 establishing the European Electronic
Communications Code and to address other matters concerning oth er
sectors regulated by the Malta  Communications Authority.
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PART I 
AMENDMENTS TO THE UTILITIES AND SERVICES 
(REGULATION OF CERTAIN WORKS) ACT
Amendments to 
the Utilities and 
Services (Regulation of 
Certain Works) 
Act.Cap. 81.2. (1) This Part amends the Utilities and Services (Regulation
of Certain Works ) Act and it shall be read and construed as one  with
the Utilities and Services (Regu lation of Certain Works) Act,
hereinafter in this Part referred to as "the principal Act".
(2) This Part shall come into force on such date as the Minister
responsible for infrastructure may by notice in the Gazette app oint and
different dates may be so appointed for different provisions an d
different purposes thereof. 
Amendment of article 2 of the principal Act. 3. Article 2 of the principal Act shall be amended as follows: 
(a) immediately after the def inition "access point" there
shall be added the fol lowing new definitions: 
" "associated facilities" means associated services,
physical infrastructures and ot her facilities or elements
associated with a network or a utility service, which enable
or support the provision of services through that network or
service, or have the potential to do so, and includebuildings or entries to buildings, building wiring, antennae,
towers and other supporting constructions, ducts, conduits,
masts, manholes and cabinets; 
"associated service" means a service associated with
a network or a utility service which enables or supports theprovision, self-provision or automated-provision of
services through that network or service, or has the
potential to do so, and includes number translation or
systems offering equivalent  functionality, conditional
access systems and electroni c programme guides (EPGs)
as well as other services such as identity, location andpresence service;"; 
(b) immediately after the definition "energy" there shall
be added the following new definition: 
" "facilities" includes the placing of cables and
wires or other works carried out either below, above, by
the side of or in any building, entry to or common parts
of any building or tenement a nd any trenches, pits, poles,
stays, brackets and all other accessories essential to the
proper working of the network s to be cut, placed, erected
in or affixed to or within any building, entry to or
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common area of any building or any tenement however
so described;";
(c) in the definition "high-speed electronic
communications network" the words "may by notice in theGazette vary such speeds;" shall be substituted by the words
"may by notice in the Gazette amend this definition to increasesuch speeds;"; 
(d) in the definition "in-building physical infrastructure"
the words "end-user’s location" shall be substituted by the words
"location of the end-user"; 
(e) in the definition "major renovation works" the words
"end-user’s location" shall be substituted by the words "locationof the end-user"; and
(f) immediately after the definition "network operator"
there shall be added the following new definition: 
Cap. 399." "network termination point’’ unless the context
otherwise requires, has the same meaning as defined
under article 2 of the Electronic Communications
(Regulation) Act;".
Substitution of 
article 4 of the principal Act. 4. Article 4 of the principal Act shall be substituted by the
following: 
"4. (1) For the purposes of this Act, it shall be lawful
for the competent infrastructure regulator, either of its own
initiative or on the application of a network operator made in
accordance with this Part, to order the installation of facilit ies
on, over or under public or private property. Any such order sh all
be notified by the aforesaid regul ator to the owner of the said
tenement at least ten days prior  to the carrying out of any of the
works aforesaid.
(2) The competent infrastruct ure regulator shall consider
and decide an application by a network operator for the grantin g
of rights to install facilities  on, over or under public or pri vate
property in accordance with the  applicable provisions of this
Part.  
(3) Where public or local authorities retain ownership or
control of undertakings providi ng any utility services and, or
networks, there shall be in place an effective structuralseparation of the function respons ible for granting the rights
referred to in sub-article (2) from the activities associated w ith
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ownership or control.". 
Amendment of 
article 4A of the 
principal Act. 5. Article 4A of the principal Act shall be amended as follows: 
(a) sub-articles (1) and (2) thereof shall be substituted by
the following: 
"(1) Where a network operator has exercised the
right under national law to install facilities on, over or
under public or private property, or has taken advantage
of a procedure under national law for the expropriationor use of property, the compe tent infrastructure regulator
may order the collocation, use or sharing of networkelements and, or facilities on, over or under public orprivate property in relation to any cable s, wires, physical
infrastructure or associated facilities or otheraccessories, however so described, used or to be used forthe provision of any utilities  by a provider of any such
utilities in any buildings, common areas, entries tobuildings, trenches, pits, ducts, conduits, manholes,cabinets or on any poles, masts, antennae, towers or
other supporting constructions , stays or brackets, cut,
placed, erected or affixed by another provider of any
such utilities.
(2) An order under sub-article (1) may be issued
only in those specific areas where the competentinfrastructure regulator considers that the issue of such an
order is necessary to protect the environment, public
health, public security or to meet town planning andcountry objectives. In doing so the competent
infrastructure regulator may also: 
(a) order the taking of such measures as it
may consider necessary to facilitate the coordination
of public works; and 
(b) provide for rules of apportioning the costs
of facility or property sharing.";
(b) sub-articles (3) and (4) thereof shall be renumbered
as sub-articles (4) and (5) and immediately after sub-article ( 2)
thereof there shall be added the following new sub-article: 
"(3) An order under sub-article (1) may be issued
by the competent infrastructure regulator acting of itsown initiative or following the written request of an
undertaking providing an utility service or network, or of
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a competent utility regulator who considers the issue of
such an order necessary for the provision of a utility
service. Before deciding whether to issue such an order,the competent infrastructure regulator shall conduct a
public consultation during whi ch all interested parties,
including where applicable the competent utility
regulator or regulators as the case may be, are afforded
such reasonable opportunity as the competent
infrastructure regulator considers appropriate in the
circumstances, to express their views in writing."; and 
(c) in sub-article (4) thereof, as renumbered, the words
"Provided that the competent inf rastructure regulator shall bef ore
issuing any such order afford such reasonable opportunity as it
may consider appropriate in the circumstances to all interestedpersons to express their views in writing." shall be substitute d by
the words "Provided that no such order shall be issued if itrelates to a dispute lodged befo re the Dispute Resolution Board
under this Act, or to an appeal before the competent appellate
adjudicative forum contesting a final decision issued by that
Board on any such dispute lodged before it.".
Substitution of 
article 4D of the principal Act. 6. Article 4D of the principal A ct shall be substituted by the
following: 
"4D. (1) The competent infrastructure regulator in the
exercise of its functions  under this Act shall:
(a) act on the basis of simple, efficient, transparent
and publicly available procedures, applied without
discrimination and without delay, and shall in any case
make a decision within six months from the date of an
application made in accordanc e with the provisions of this
Part, except in the case of expropriation;
(b) follow the principles of transparency and non-
discrimination in attaching conditions to any rights it may
grant to a network operator or  a utility service provider as
the case may be; and
(c) give reasons f or its decisions:
Provided that the competent infrastructure
regulator shall, in relation to amendments that it may
consider making to any rights, conditions and procedures
relating to works carried out i n accordance with this Part,
ensure that any amendment is only made in objectively
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justified cases and in a proportionate manner. Before
making any such amendment, th e competent infrastructure
regulator shall give notice in  such manner as it considers
appropriate of its intention, inviting interested parties,
including users and consumers,  to make representations on
the proposed amendments within a period of not less than
thirty days as may be specified in the notice. The
competent infrastructure regulator may in those
circumstances which it consider s to be exceptional, shorten
such period:
Provided further that the competent
infrastructure regulator sha ll in writing consult with the
competent utility regulator or regulators in relation to
amendments that it may consider making to collocationorders which were  previously issued.
(2) The competent infrastru cture regulator shall, in
relation to any fees it may be a uthorized to impose by or under
this Act relating to such works, ensure that fees are objective ly
justified, transparent, non-discriminatory and proportionate inrelation to their intended purpose. 
(3) The competent infrastructure regulator may require
any person to provide it with any information which it consider s
to be necessary for the performance of its tasks under this Par t.". 
Amendment of 
article 4E of the principal Act. 7. In article 4E of the principal Act the words "A person or a
competent utility re gulator aggrieved by a ny regulatory decisio n" shall
be substituted by the words "Unl ess provided otherwise in this Act, a
person or a competent utility reg ulator aggrieved by any regula tory
decision".
Addition of a new heading to the principal 
Act.8. Part IV and Part V of the principal Act shall be renumbered as
Part V and Part VI and immediately after article 21 of the principal Act
there shall be added the  following new heading:
"PART IV
Utilities Services A dvisory Committee".
Amendment of 
article 25 of the 
principal Act9. Immediately after sub-article (4)  of article 25 of the principa l
Act there shall be added the following new sub-articles: 
"(5) A party in filing a dispute before the Disputes
Resolution Board shall ensure th at the applica tion submitting the
dispute to the Board c ontains the following: 
(a) a clear and correct statement of the subject-
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matter and the cause or causes giving rise to the dispute;
(b) a clear and detailed statement of the facts of
which the party filing th e dispute may be aware of; 
(c) a copy of all the relevant documentation in
support of the disput e being made; and 
(d) the remedy being requested from the Disputes
Resolution Board. 
(6) The Disputes Resolution Board shall within two
working days of receipt of the a pplication submitting the dispu te,
notify the party against whom the  dispute has been made, with a
copy of the application, giving the said party such time as the
Board may consider reasonable to file a written response, which
time shall not in any case exceed twenty days. 
(7) A party in replying to a dispute made against it shall
in the first instance state whet her it is contesting some or al l of
the claims stated in  the application. If the said party is cont esting
some or all of the claims, it shall then submit a written respo nse
to the Disputes Resolution Board which shall include thefollowing: 
(a) any such pleas as would be taken to be waived
if not raised before the contestation of the dispute; 
(b) a clear and correct statement of the pleas on the
merits of the claims in dispute; 
(c) a clear and detailed sta tement of facts of which
the party replying to the dispute is aware of, denying,
admitting or explaining the circumstances of fact set out inthe dispute; and 
(d) a copy of any relevant documentation in
support of its response: 
Provided that the Dispute Resolution Board
shall within three working days of receipt of this responsenotify the party making the dispute with the same.". 
Addition of 
new article 32A 
to the principal Act.10. After article 32 of the principal Act there shall be added the
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following new article: 
Amendment of 
article 39 of the principal Act. 11. In article 39 of the principal  Act the words "The Minister
may" shall be substituted by the words "The Minister responsibl e for
infrastructure, may". 
PART II 
AMENDMENTS TO THE ELECTRONIC 
COMMUNICATIONS (REGULATION) ACT
Amendments to the Electronic Communic-
ations 
(Regulation) Act, Cap. 399.12. (1) This Part amends the Electronic Communications
(Regulation) Act, and it shall be  read and construed as one wit h the
Electronic Communications (Regulation) Act, hereinafter in this  Part
referred to as "the principal Act". 
(2) This Part shall come into force on such date as the Minister
responsible for communications may by notice in the Gazette appoint,
and different dates may be so ap pointed for different provision s and
different purposes thereof.
General 
amendment to the principal 
Act.13.  In the principal Act the following words, wherever they
occur, shall be substituted as follows: 
(a) in the Maltese version of the principal Act, the word
"dħul" with the word "aċċess";
(b) the words "disabled end- user" with the words "end-
user with disability"; and
(c) the words "radio frequencies" with the words "radio
spectrum".
Amendment of 
article 2 of the principal Act.14. Article 2 of the principal Act shall be amended as follows: 
(a) the definition "access" shall be substituted by the
following: 
" "access" means the making available of facilities
and, or services, to another undertaking, under defined"Time frame by 
when a dispute 
must be submitted.32A. A party which intends to refer a dispute to the
Dispute Resolution Board in  accordance with this Act
or any other law, under which a dispute may be referred
to the aforesaid Board, shall submit its dispute to the
Board within one year from when the cause giving rise
to the dispute arose. Failure to do so within such aperiod, shall render the reference of any such dispute to
the Board null and void.". 
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conditions, on either an exclu sive or a non-exclusive basis,
for the purpose of providing  electronic communications
services including when they are used for the delivery of
information society services or broadcast content services.
It covers, inter alia,  access to:
(a) network elements and associated
facilities, which may involve the connection ofequipment, by fixed or non-fixed means (in particular
this includes access to the local loop and to facilities
and services necessary to provide services over the
local loop); 
(b) physical infrastructure including
buildings, ducts and masts; 
(c) relevant software systems including
operational support systems; 
(d) information systems or databases for pre-
ordering, provisioning, ordering, maintaining andrepair requests, and billing; 
(e) number translation or systems offering
equivalent functionality;
(f) fixed and mobile networks, in particular
for roaming; and 
(g) conditional access systems for digital
television services and access to virtual network
services;";
(b) the definition "Access Di rective" shall be deleted; 
(c) the definition "associated services" shall be
substituted by the following: 
" "associated service" means a service associated
with an electronic communications network and, or anelectronic communications ser vice which enables and, or
supports the provision, self-provision or automated-
provision of services through that network and, or service,
or has the potential to do so and includes number
translation or systems offering equivalent functionality,conditional access systems and electronic programme
guides (EPGs), as well as other services such as identity,
location and presence service;";
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(d) the definitions "Authorisation Directive" and
"authorised undertaking" shall be deleted; 
(e) the definition "BEREC" shall be substituted by the
following: 
" "BEREC" means the Body of European Regulators
for Electronic Communications established by Regulation
(EU) 2018/1071 of the European Parliament and of the
Council of 11 December 2018 establishing the Body of
European Regulators for Electronic Communications
(BEREC) and the Agency for Support for BEREC
(BEREC Office);"; 
(f) the definition "call" shall be deleted; 
(g) in the definition "conditional access system" the
words "means any technical measure, and, or arrangement
whereby access" shall be substituted by the words "means any
technical measure, authentication system and, or arrangement
whereby access"; 
(h) in the definition "consumer" the words "business or
profession;" shall be substitute d by the words "business, craft  or
profession;";
(i) immediately after the definition "consumer" there
shall be added the fol lowing new definition: 
" "the Council" means the Council of the European
Union;"; 
(j) immediately after the definition "decision" there
shall be added the fol lowing new definitions: 
" "Decision No. 676/2002/EC" means Decision No.
676/2002/EC of the European Parliament and of theCouncil of 7 March 2002 on a regulatory framework forradio spectrum policy in the European Community (Radio
Spectrum Decision);
"Directive 2008/63/EC" means Directive 2008/63/
EC of 20 June 2008 on compet ition in the markets in
telecommunications terminal equipment; 
"Electronic Communicat ions Code" means the
Directive (EU) 2018/1972 of the European Parliament and
of the Council establishing the European Electronic
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Communications Code;"; 
(k) the definitions "Directiv e on Privacy and Electronic
Communications" and "disabled end-users" shall be deleted; 
(l) the definition "electronic communications network"
shall be substituted by the following: 
" "electronic communications network" means
transmission systems, whether or not based on a
permanent infrastructure or centralised administration
capacity, and, where applic able, switching or routing
equipment and other res ources, including network
elements which are not active, which permit theconveyance of signals by wi re, by radio, by optical or by
other electromagnetic me ans, including satellite
networks, fixed (circuit-swi tched and packet-switched,
including Internet) and mobi l e  n e t w o r k s ,  e l e c t r i c i t y
cable systems, to the extent that they are used for thepurpose of transmitting signals, networks used for radioand television broadcasti ng, and cable television
networks, irrespective of the type of informationconveyed;";
(m) the definition "electronic communications service"
shall be substituted by the following: 
Cap. 426 " "electronic communications service" means a
service normally provided for remuneration through
electronic communications networks, which
encompasses, with the except ion of services providing or
exercising editorial contro l over, content transmitted
using electronic communications networks and services,the following types of services: 
(a) "internet access service" as defined in point (2)
of the second paragraph of Article 2 of Regulation (EU)2015/2120; 
(b) interpersonal communications service; and 
(c) services consisting wholly or mainly in the
conveyance of signals such as transmission services used
for the provision of machine-to-machine services and for
broadcasting;";
(n) immediately after the definition "electronic
communications service" there sha ll be added the following new
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definitions:
" "emergency communication" means
communications by means of interpersonal
communications services between an end-user and the
PSAP with the goal to request and receive emergency relief
from emergency services;
"emergency service" means a service, recognized as
such by the Government, that provides immediate andrapid assistance in situations w here there is, in particular, a
direct risk to life or limb, to individual or public health orsafety, to private or public property, or to the environment,in accordance with national law;";
(o) in the definition "end-user" the words "public
communications networks" shall  be substituted by the words
"public electronic comm unications networks";
(p) immediately after the definition "end-user" there
shall be added the fol lowing new definitions: 
Cap. 413." "end-users with disabilities" means persons with
disabilities as defined in the Equal Opportunities (Personswith Disability) Act, whose sp ecial needs as end-users are
either due to a disability or related to ageing; 
"Frequency Plan" means the National Frequency
Allocation Plan as adopted by the Authority and publishedin accordance with the pr ovisions of this Act;";
(q) the definitions "European Electronic
Communications Directives", "exclusive rights", and"Framework Directive"  shall be deleted; 
(r) immediately after the definition "harmful
interference" there shall be added the following new definition:
" "harmonised radio spectrum" means radio
spectrum for which harmonise d conditions relating to its
availability and efficient us e have been established by way
of technical implementing m easures in accordance with
Article 4 of EU Decision No. 676/2002/EC (RadioSpectrum Decision);";
(s) the definition "interconn ection" shall be substituted
by the following: 
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" "interconnection" means a specific type of access
implemented between public network operators by means
of the physical and logical linking of public electroniccommunications networks used by the same or a different
undertaking in order to allow the users of one undertakingto communicate with user s of the same or another
undertaking, or to access services provided by another
undertaking where such services are provided by the
parties involved or other parties who have access to the
network;";
(t) immediately after the d efinition "interconnection"
there shall be added the following new definition: 
" "interpersonal communications service" means a
service normally provided fo r remuneration that enables
direct interpersonal and interactive exchange ofinformation via electronic communications networks
between a finite number of persons, whereby the persons
initiating or participating in the communication determine
its recipient(s), and does not include services which enable
interpersonal and interactive communication merely as aminor ancillary feature that is intrinsically linked to
another service;";
(u) the definition "local loop" shall be substituted by the
following:
" "local loop" means the physical path used by electronic
communications signals connecti ng the network termination
point to a distribution frame or equivalent facility in the fix ed
public electronic communications network;"; 
(v) the definition "network  termination point" shall be
substituted by the following: 
" "network termination point" means the physical
point at which an end-user is provided with access to a
public electronic communicati ons network, and which in
the case of networks involvi ng switching or routing is
identified by means of a spe cific network address, which
may be linked to a number or name of an end-user;";
(w) immediately after the definition "network
termination point" there shall be added the following new
definition: 
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" "number-based interpersonal communications
service" means an interpersonal communications service
which connects with publicly assigned numberingresources, namely a number or numbers in national or
international numbering plans, or which enables
communication with a number or numbers in national orinternational numbering plans: 
Provided that the mere use of a number as an
identifier should not be considered to be equivalent to the
use of a number to connect with publicly assigned numbers
and should therefore, in itself, not be considered to besufficient to qualify a service as a number-based
interpersonal comm unication service;"; 
(x) in the definition "operator" the words "a public
communications network" shall be substituted by the words "apublic electronic co mmunications network"; 
(y) the definition "provision of an electronic
communications network"  shall be deleted; 
(z) in the definition "public  communications network"
the words "public communications  network" shall be substituted
by the words "public electronic communications network"; 
(aa) the definition "public  pay telephone" shall be
deleted; 
(bb) immediately after the de finition "public electronic
communications network" there shall be added the following
new definition:
" "public safety answering point" or "PSAP" means
a physical location where an  emergency communication is
first received under the responsibility of a public authorityor a private organisation recognized by the Government;"; 
(cc) the definition "publicly available telephone service"
shall be deleted; 
(dd) immediately after the definition "publicly available
electronic communications service" there shall be added thefollowing new definitions: 
" "radio spectrum allocation" means the designation
of a given radio spectrum band for use by one or moretypes of radio communi cations services, where
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appropriate, under specified conditions;
"Regulation (EU) No. 53 1/2012" means Regulation
(EU) No 531/2012 of the European Parliament and of the
Council of 13 June 2012 on roaming on public mobile
communications netw orks within the European Union;
"Regulation (EU) 2015/21 20" means Regulation
(EU) 2015/2120 of the European Parliament and of theCouncil of 25 November 2015 laying down measures
concerning open internet acc ess and amending Directive
2002/22/EC on universal service and users’ rightsrelating to electronic communications networks andservices and Regulation (EU) No. 531/2012 on roaming
on public mobile communications networks within the
European Union;
"RSPG" means the Radio Spectrum Policy Group
established by the European  Commission Decision of 11
June 2019 setting up the Radio Spectrum Policy Group;";
(ee) immediately after the definition "satellite earth
station network" there shall  be added the following new
definitions: 
" "security of networks and services" means the
ability of electronic communi cations networks and services
to resist, at a given level of confidence, any action thatcompromises the availability,  authenticity, integrity or
confidentiality of those networ ks and services, of stored or
transmitted or processed data, or of the related servicesoffered by, or accessible through, those electronic
communications netw orks or services;
"shared use of radio spectrum" means access by two
or more users to use the same radio spectrum bands under a
defined sharing arrangement, authorised on the basis of a
general authorization, indivi dual rights of use for radio
spectrum or a combination th ereof, including regulatory
approaches such as licensed shared access aiming to
facilitate the shared use of a radio spectrum band, subjectto a binding agreement of  all parties involved, in
accordance with sharing rules as  included in their rights of
use for radio spectrum in orde r to guarantee  to all users
predictable and reliable sharing arrangements, and without
prejudice to the application of competition law;";
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(ff) in the definition "significant market power" the
words "significant market power" shall be substituted by the
words "significant market power" or "SMP"";
(gg) the definitions "spectrum allocation" and
"subscriber" shall be deleted; 
(hh) immediately after the definition "special rights" there
shall be added the following new definition: 
" "terminal equipment" means terminal equipment
as defined in point (1) of Article 1 of EU Commission
Directive 2008/63/EC;";
(ii) the definition "Universal  Service Directive" shall be
deleted; 
(jj) immediately after the defi nition "user" there shall be
added the following n ew definitions: 
 " "very high capacity network" means either an
electronic communications net work which consists wholly
of optical fibre elements at least up to the distribution point
at the serving location, or an electronic communications
network which is capable of delivering, under usual peak-
time conditions, similar network performance in terms ofavailable downlink and uplink bandwidth, resilience, error-
related parameters, and latency and its variation: 
Provided that network performance can be
considered similar regardl ess of whether the end-user
experience varies due to the inherently different
characteristics of the medi um by which the network
ultimately connects with the network termination point;
and
"voice communications ser vice" means a publicly
available electronic communications service which usesspecifically assigned numbering resources from the
national numbering plan for  originating and receiving,
directly or indirectly, na tional calls or national and
international calls through a number or numbers in anational or international numbering plan. "V oicecommunications service" is a subset of "number-based
interpersonal communica tions service." "; and
(kk) the definition "wide-scr een television service" shall
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be deleted. 
Amendment of 
article 3 of the 
principal Act.15. Article 3 of the principal Act shall be amended as follows: 
(a) sub-articles (2) and (3) thereof shall be substituted by
the following: 
"(2) The Authority shall have a separate annual
budget which it shall implement autonomously, which
budget shall be made public. The Authority shall be
afforded adequate financial and human resources to carryout its functions under this Act and under any other
applicable laws relating to  electronic communications
which the Authority is entitled to enforce, including such
resources to enable the Authority to actively participate
in and contribute to BEREC and to 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 w hich the Authority is entitled to enforce,
the Authority shall actively support the goals of BEREC of
promoting greater regulatory coordination and consistency
in the application of the Electronic Communications Code,and shall also take the utmost account of the guidelines,
opinions, recommendations , common positions, best
practices and methodologies adopted by BEREC when the
Authority is adopting decisions  for national markets."; 
(b) in sub-article (4) thereof the words "Article 19 of the
Framework Directive" shall be s ubstituted by the words "Article
38 of the Electronic Co mmunications Code"; and 
(c) sub-article (5) thereof shall be deleted. 
Substitution of 
article 4 of the principal Act.16. Article 4 of the principal Act shall be substituted by the
following: 
"Objectives of 
the Authority.4. (1) In the carrying out of its tasks at law, the
Authority shall, to the extent that it is empowered at law,
pursue and take the utmost account of each of the
following policy objectives:
(a) promote connectivity and access to, and
take-up of, very high cap acity networks, including
fixed, mobile and wireless networks, by all citizens
and businesses of the European Union;
VERŻJONI ELETTRONIKA
A 1207
(b) promote competition in the provision of
electronic communications networks and associated
facilities, including effici ent infrastructure-based
competition, and in the provision of electroniccommunications services and associated services;
(c) contribute to the development of the
internal market by removing remaining obstacles to,and facilitating convergent conditions for,
investment in, and the provision of, electronic
communications networks, electroniccommunications services, associated facilities and
associated services, throughout the European Union,by developing common rules and predictable
regulatory approaches, by favouring the effective,
efficient and coordinated use of radio spectrum,open innovation, the establishment and development
of trans-European networks, the provision,
availability and interope rability of pan-European
services, and end-to-end connectivity;
(d) promote the interests of the citizens of
the European Union, by ensuring connectivity and
the widespread availability and take-up of very high
capacity networks, including fixed, mobile andwireless networks, and of electronic
communications services, by enabling maximum
benefits in terms of choice, price and quality on thebasis of effective competition, by maintaining the
security of networks and services, by ensuring a high
and common level of protection for end-usersthrough the necessary sector-specific rules and by
addressing the needs, such as affordable prices, of
specific social groups, in particular end-users withdisabilities, elderly end- users and end-users with
special social needs, and choice and equivalentaccess for end-users with disabilities: 
Provided that where the European
Commission establishes benchmarks and reports onthe effectiveness of the  measures taken by the
Authority towards achievi ng the objectives referred
to in this sub-article, the Authority shall, wherenecessary, assist the European Commission.
(2) The Authority shall, in pursuit of the policy
objectives referred to in sub-article (1), inter alia:
VERŻJONI ELETTRONIKA
A 1208
(a) promote regulatory predictability by
ensuring a consistent regulatory approach over
appropriate review periods and through cooperation
with other national regulatory and competent
authorities in other Member States, with BEREC,with the RSPG and with the European Commission; 
(b) ensure that, in similar circumstances,
there is no discrimination in the treatment of
providers of electronic communications networks
and services;
(c) apply national law and European Union
law in a technically neutral fashion, to the extent that
this is consistent with the achievement of theobjectives set out in sub-article (1);
(d) promote efficient investment and
innovation in new and enha nced infrastructures,
including by ensuring that any access obligation
takes appropriate account of the risk incurred by the
investing undertakings and by permitting variouscooperative arrangements between investors and
parties seeking access to diversify the risk of
investment, whilst ensuri ng that competition in the
market and the principle of non-discrimination are
preserved;
(e) take due account of the variety of
conditions relating to infrastructure, competition, the
circumstances of end-us ers and, in particular
consumers in the various geographic areas in Malta
including local infrastructure managed by natural
persons on a not-for-profit basis; and
(f) impose ex-ante  regulatory obligations
only to the extent necessary to secure effective andsustainable competition in the interest of end-users
and relax or lift such obligations as soon as that
condition is fulfilled.
(3) The Authority shall, in the performance of its
functions at law, act impartially, objectively, transparentlyand in a non-discriminator y and proportionate manner.
VERŻJONI ELETTRONIKA
A 1209
Addition of new 
article 4A to the 
principal Act. 17. Immediately after article 4 of t he principal Act there shall be
added the following new article:(4) The Authority shall cont ribute to the development
of the internal market by working in a transparent manner
with the national regulatory authorities of other Member
States, the European Commission and BEREC, in order to
ensure the consistent application in all Member States ofthe Electronic Communications Code. In doing so the
Authority shall, in particul ar, 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 market.". 
"
Strategic 
planning and 
coordination 
of radio spectrum 
policy. 4A.  (1) The Authority shall cooperate with the
competent authorities in other Member States and with the
European Commission in the strategic planning and
harmonisation of the use of radio spectrum in the
European Union in accordance with European Unionpolicies for the establishment and functioning of the
internal market in electronic communications. In doing so
it shall take into consideration, inter alia , the economic,
safety, health, public inter est, freedom of expression,
cultural, scientific, social and technical aspects ofEuropean Union policies, as we ll as the various interests
of radio spectrum user communities, with the aim of
optimising the use of radio spectrum and avoiding harmful
interference. 
(2) The Authority in cooperating with the competent
authorities in other Member States and with the EuropeanCommission shall promote the coordination of radio
policy approaches in the European Union and, where
appropriate, harmonised conditions with regard to the
availability and efficient use of radio spectrum necessary
for the establishment and functioning of the internalmarket in electronic communications. 
(3) The Authority shall, through the RSPG, cooperate
with the competent a uthorities in other  Member States and
with the European Commission in accordance with sub-article (1), and upon their request with the European
Parliament and with the Council, in support of the
strategic planning and coor dination of radio spectrum
policy approaches in the European Union, by: 
VERŻJONI ELETTRONIKA
A 1210
Amendment of 
article 5 of the 
principal Act.18. Article 5 of the principal Act shall be amended as follows: 
(a) in sub-article (1) thereof the words "unless otherwise
stated in this Act." shall be substituted by the words "unless
otherwise stated in this Act or any other law."; and
(b) sub-article (3) thereof shall be substituted by the
following: 
"(3) The provisions of this Act shall be without prejudice
to:
(a) obligations imposed by any other law in respect
of services provided usi ng electronic communications
networks and services; 
(b) measures taken at European Union or national
level, in accordance with European Union law, to pursue
general interest objectives i n particular relating to the
protection of personal data a nd privacy, content regulation
and audiovisual policy;
 (c) the operation of any other law relating to radio
and telecommunications t erminal equipment; 
(d) any action taken for public order and public
security purposes and for defence; or
S.L. 427.41. (e) Regulations (EU) No. 531/2012 and (EU)
2015/2120 and the Radio Equipm ent Regulations.".
Addition of new 
article 5A to the principal Act.19. Immediately after article 5 of the principal Act there shall b e(a) developing best p ractices on radio
spectrum related matters, with a view to
implementing the Electron ic Communications Code;
(b) facilitating the coordination between
Malta and other Member States with a view toimplementing the Electronic Communications Codeand other European Union law and to contributing to
the development of the internal market; and 
(c) co-ordinating the approaches to the
assignment and authorisation of use of radio
spectrum and publishing reports or opinions on radio
spectrum related matters.".
VERŻJONI ELETTRONIKA
A 1211
added the following new article: 
"Tasks onerous 
on the Authority 
specific to 
electronic communications. 5A. (1) The Authority shall be responsible for
the following tasks: 
(a) implementing ex ante  m a r k e t
regulation, including the imposition of access and
interconnection obligations;
(b) ensuring the resolution of disputes
between undertakings;
(c) managing the general authorisation
framework;
(d) developing the frequency plan; 
(e) carrying out radio spectrum
management and decisions, including matters
relating to market-shaping and competitionelements of processes related to the rights of use
for radio spectrum for e lectronic communications
networks and services; 
(f) contributing to the protection of end-
user rights in the electronic communicationssector, in coordination, where relevant with other
competent authorities; 
(g) developing and managing the national
numbering plan and the granting of rights of use
for all national numbering resources;
(h) assessing and monitoring closely
market-shaping and competition issues regarding
open internet access; 
(i) ensuring the integrity and security of
public electronic communications networks andpublicly available electronic communicationsservice; 
(j) assessing the unfair burden and
calculating the net cost of the provision ofuniversal service; and 
(k) ensuring number portability between
providers of voice comm unications services. 
(2) The performance of the tasks listed under sub-
article (1) shall be without prejudice to any other taskswhich the Authority is re quired to perform by law.
VERŻJONI ELETTRONIKA
A 1212
Amendment of 
article 7 of the principal Act. 20. Article 7 of the principal Act shall be amended as follows: 
(a) in the marginal note thereto the words "public
communications networks" shall be substituted by the words
"public electronic comm unications networks"; 
(b) the words "a public communications network" shall
be substituted by the words "a public electronic communications
network"; and 
(c) in paragraph (a) thereof the words "an efficient
communications network;" shall b e substituted by the words "an
efficient electronic co mmunications network;". 
Substitution of 
article 9 of the 
principal Act.21. Article 9 of the principal Act shall be substituted by the
following: 
Substitution of article 10 of the principal Act. 22. A r t i c l e  1 0  o f  t h e  p r i n c i p a l  A c t  shall be substituted by the
following: 
Amendment of article 11 of the principal Act. 23. In sub-article (1) of article 11 of the principal Act the words
"the European Electronic Communications Directives" shall be
substituted by the words "the Electronic Communications Code". 
Deletion of 
articles 12 and 12A of the 
principal Act.24. Articles 12 and 12A of the principal Act shall be deleted. (3) The Authority shall publish in an easily
accessible form the tasks assigned to it under the
Electronic Communications Code and whereapplicable those assigned to other competent
authorities, as well as any change thereof.". 
"
Market definition 
and analysis.9. The Authority shall, subject to any procedures
as may be prescribed under this Act and in accordance
with the principles of competition law, define relevantmarkets appropriate to national circumstances, in
particular relevant geogra phic markets and it shall
carry out an analysis of such relevant markets.".
"
Numbers. 10. The Authority shall establish and manage the
national numbering plan for  electronic communication
services, and shall control the allocation andassignment of all nationa l numbering resources.".
VERŻJONI ELETTRONIKA
A 1213
Deletion of 
articles 14 to 21 
of the principal Act. 25. Articles 14 to 21 of the principal Act shall be deleted. 
Deletion of 
articles 23 and 
24 of the principal Act.26. Articles 23 and 24 of the principal Act shall be deleted. 
Amendment of 
article 25 of the 
principal Act. 27. Article 25 of the principal Act  shall be amended as follows: 
(a) the definition "protected service" in sub-article (1)
thereof shall be substituted by the following: 
" "protected service" means any of the following
services when provided agai nst remuneration and on the
basis of conditional access: 
(a) television programme services;
(b) radio broadcasting services including
radio programmes intended for reception by the
public, transmitted by wire  or over the air, including
by satellite;
(c) information society services offered by
electronic means at a dista nce and at the individual
request of the recipient  of the services; or 
(d) the provision of conditional access to the
above services considered as a service in its own
right."; and
(b) in sub-article (2) thereof the words "twenty-three
thousand and two hundred and ninety euro (23,290)" shall besubstituted by the words "twenty-five thousand euro (€25,000)".  
Amendment of 
article 26 of the 
principal Act.28. Article 26 of the principal Act  shall be amended as follows: 
(a) sub-articles (1) and (2) t hereof shall be renumbered
as sub-articles (2) and (3) thereof; and immediately before sub -
article (2) as renumbered there shall be added the following ne w
sub-article: 
"(1) In this Part the words  "general authorisation",
wherever they occur, shall be substituted by the words
"apparatus general authorisation".";
(b) in sub-article (2) thereof as renumbered:
VERŻJONI ELETTRONIKA
A 1214
(i) the definition "apparatu s" shall be substituted
by the following: 
" "apparatus" or "equipment" means an
electrical or electronic product, which intentionally
emits and, or receives radio waves for the purpose of
radiocommunication and, or  radiodetermination, or
an electrical or electronic product which must be
completed with an accessory, such as antenna, so as
to intentionally emit and, or receive radio waves for
the purpose of radiocommunication and, or
radiodetermination;"; 
(ii) immediately after th e definition " "apparatus"
or "equipment" " there shall be added the following new
definition:
" "apparatus general authorisation" means
the framework established by or under this Part
laying down the rights and obligations of personsinstalling, making use of  or dealing in any such
radiocommunications apparatus as the Authoritymay from time to time in accordance with theprovisions of this Part by decision designate;";
 (iii) the definition "gener al authorisation’’ shall be
deleted;
(iv) immediately after the definition "broadcast
receiving apparatus" there s hall be added the following
new definition: 
" "installed" means radiocommunications
apparatus that is connected to a source of energy so
as to intentionally emit and, or receive radiowaves;";
(v) the definition "radiocommunications" shall be
substituted by the following: 
" "radiocommunications" means communica-
tions involving the transmission, emission and, or
reception by means of radio waves;";
(vi) in the definition "radiocommunications
individual licence" the words  "in accordance with article
30 or article 32 as the case may  be." shall be substituted by
VERŻJONI ELETTRONIKA
A 1215
the words "in accordance with article 30;" and 
(vii) immediately after the definition
"radiocommunications individua l licence" there shall be
added the following new definitions: 
" "radiodetermination" means the
determination of the position, velocity and, or other
characteristics of an object, or the obtaining of
information relating to the se parameters, by means of
the propagation properties of radio waves; and
"radio waves" means electromagnetic waves of
frequencies arbitrarily  lower than 3000 GHz,
propagated in space without artificial guide.".
Deletion of 
articles 27, 28 
and 29 of the principal Act. 29. Articles 27, 28 and 29 of the principal Act shall be deleted. 
Substitution of 
article 30 of the 
principal Act.30. Article 30 of the principal Act shall be substituted by the
following: 
"Individual 
licences. 30. (1) Unless otherwise provided by or under
this Part, no person shall, without a
radiocommunications indi vidual licence given in
writing by the Authority, install or use an apparatus.
(2) A radiocommunications individual licence
granted under this article may be issued subject to suchterms, conditions and, or limitations as the Authority
may think fit, including in particular limitations as tothe apparatus which may be installed or used, the
places where, the purposes for which, the
circumstances in which and the persons by whom the
apparatus may be used, as may be established under
such a licence:
Provided that any such licence may only be
issued if the prescribed fee is first received in full:
Provided further that any such licence may be
revoked, or the terms, conditions or limitations thereof
varied by a notice in writi ng of the Authority served on
the holder of the individual licence or by a general
notice issued by the Authority, applicable to individual
licences of the class to which the individual licence inquestion belongs, and made public.
VERŻJONI ELETTRONIKA
A 1216
Addition of new 
articles 30A and 
30B to the 
principal Act. 31. Immediately after article 30 of the principal Act there shall be
added the following new articles: (3) A radiocommunications individual licence
shall, unless previously r evoked by the Authority,
continue to be in force fo r such period as may be
specified in the licence.". 
"Apparatus 
general authorisations.30A. (1) The Authority may by decision issue any
apparatus general authorisation. In doing so the
Authority shall establish any such terms andconditions, including those of a technical nature, as it
may consider necessary, in particular to ensure the
efficient use of radio spectrum: 
Provided that the Authority may by decision
amend any such terms or conditions. 
(2) In issuing or amending any apparatus general
authorisation the Authority shall first publish on itswebsite and, or any other means of communication, astatement of the propo sed apparatus general
authorisation or of any amendments thereto, giving anyinterested parties the opportunity to comment on theproposed apparatus general authorisation or
amendments thereto within  a period the Authority
considers reasonable:
Provided that the requirement for the
Authority to publish a statement of the proposedapparatus general authorisation or of any amendments
thereto and to give any interested parties theopportunity to comment on the proposed apparatus
general authorisation or ame ndments thereto shall not
apply where such amendments are strictly limited tocompliance with any international obligations of
Malta. 
(3) The Authority shall ensure that any apparatus
general authorisations or am endments thereto are given
publicity.
Enforcement. 30B. (1) 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
VERŻJONI ELETTRONIKA
A 1217
Substitution of 
article 31 of the 
principal Act.32. Article 31 of the principal Act shall be substituted by the
following: (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 disabled or restricted in any
manner, under such conditions and for such period of
time as the Authority may specify where it results tothe Authority that such a pparatus is being used in
breach of this Part or of any authorisation conditionsthat may apply in relatio n to the said apparatus.
(2) Any expenses incurred by the Authority in
the exercise of its functions under this article
including in the seizure, retention, or storage
however so described of th e said apparatus, shall be
recoverable as a civil debt by the Authority from any
person acting in breach of this article.".
"
Penalties. 31. Unless otherwise provided in this Part, any
person who contravenes any of the provisions of this
Part, or of any regulations made thereunder, or whoacts in breach of any terms , conditions or limitations,
however so described, attached to an individuallicence or to an apparatus ge neral authorisation, shall
be liable on conviction to a fine ( multa ) of not less
than five hundred euro ( €500) and not more than
twenty five thousand euro (€25,000) in respect of
each apparatus, and u pon the demand of the
prosecution, the Court may order the apparatus to be
forfeited and delivered to the Authority to be
disposed of or stored, as the Authority may considerappropriate in the circumstances:
Provided that the Authority shall in such
instances recover as a civil debt any costs it may incur
in the disposal or storage however so described of any
such apparatus from the person found guilty.".
VERŻJONI ELETTRONIKA
A 1218
Addition of new 
article 31A to the principal 
Act. 33. After article 31 of the principal Act there shall be added the
following new article: 
Amendment of 
article 33 of the principal Act.34. Article 33 of the principal Act shall be amended as follows: 
(a) in the marginal thereto the  words "of article 30" shall
be substituted by the words " of articles 30 and 30A"; and
(b) the words "Order in the Gazette" and "of article 30"
shall respectively be substituted by the words "order in the
Gazette" and "of articles 30 and 30A". 
Amendment of 
article 34 of the principal Act.35. Article 34 of the principal Act shall be amended as follows: 
(a) paragraph (c) thereof shall be substituted by the
following: "Harmful 
interference 
caused by 
radiocommunica-tions apparatus.31A. (1) Radiocommunications apparatus shall
only be used in a manner so as to effectively use and
support the efficient use of radio spectrum in order to
avoid harmful interference.
(2) The Authority may authorise a public body
established at law to install or use
radiocommunications appara tus capable of causing
deliberate interference. Any such apparatus shall beused exclusively to satisfy exigencies of defence,public security requirements, including the securing or
maintaining security or good order and discipline in
correctional or detention institutions, however so
described:
Provided that no such a uthorisation shall be
required in cases of manifest urgency which may causea threat to public security or public safety.
(3) An authorisation granted by the Authority
under this article shall not in any manner constitute
an authorisation to legally intercept communications.
(4) In granting an authorisation in accordance
with this article, the Authority shall establish any
technical and operational co nditions which it deems
appropriate to safeguard the integrity of publicelectronic communications networks and, or services,including radiodetermination. 
(5) An authorisation granted under this article
shall be in writing.".
VERŻJONI ELETTRONIKA
A 1219
"(c) for any aspect relating to the use of
radiocommunications by aircrafts and ships, including
merchant ships, foreign wa rships and foreign military
aircraft;"; 
(b) in sub-paragraph (i) of paragraph (d) thereof the
words "a fine ( multa ) not exceeding ten thousand euro (€10,000),
or" shall be substituted by the words "a fine ( multa ) not
exceeding twenty five thousand euro (€25,000), and, or fivehundred euro (€500) for each day during which the offence
continues; or"; 
(c) in sub-paragraph (ii) of paragraph (d) thereof the
word "persists:" shall be subs tituted by the word "continues:";  
(d) paragraph (f) thereof sh all be substituted by the
following: 
"(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 anyindividual radiocommunications  licences or authorisations
however so described: 
Provided that the Minister may, with the
concurrence of the Minister responsible for finance,
reduce or remit any such fee or charge. Before doing so
the Minister shall first consult the Authority;"; and
(e) paragraph (g) thereof shall be deleted and paragraphs
(h) and (i) thereof shall be renumbered as paragraphs (g) and (h)thereof. 
Deletion of 
article 35 of the principal Act. 36.  Article 35 of the princip al Act shall be deleted. 
Substitution of heading of Part 
V of the 
principal Act. 37. The words of the heading of Part V of the principal Act
"Radio Frequencies Management" shall be substituted by the word s
"Management of and Acce ss to Radio Spectrum". 
Amendment of article 36 of the 
principal Act. 38. Article 36 of the principal Act  shall be amended as follows: 
(a) sub-article (1) thereof shall be substituted by the
following: 
"(1) In this Part, unless the context otherwise
requires, "general authorisation" means a framework
established by or under this Part laying down the rights
VERŻJONI ELETTRONIKA
A 1220
and obligations for the use of radio spectrum, when the
use of the radio spectrum is not subject to an individual
licence.";
(b) in sub-article (2) thereof the words "radio frequency
plan." shall be substituted by the words "Frequency Plan.". 
Substitution of 
article 37 of the principal Act. 39. A r t i c l e  3 7  o f  t h e  p r i n c i p a l  A c t  shall be substituted by the
following:  
"Authorisation of 
the use of radio 
spectrum.37. (1) The Authority shall facilitate the use of
radio spectrum, including shared use, under general
authorisations issued und er this Act or following
individual rights of use for radio spectrum authorisedby the Authority in accordance with this Act, orfollowing explicit authorisation in accordance with any
other law. 
(2) The Authority shall limit the granting of
individual rights of use for r adio spectrum to situations
where such rights are nece ssary to maximise efficient
use because of demand a nd taking into account the
criteria set out in this sub-article. In all other cases, theAuthority shall set out the conditions for the use of
radio spectrum in a general authorisation. To this end
the Authority shall decide  on the most appropriate
regime for authorising the use of radio spectrum, taking
account of:
(a) the specific characteristics of the
radio spectrum concerned;
(b) the need to protect against harmful
interference;
(c) the development of reliable
conditions for radio spectrum sharing, where
appropriate;
(d) the need to ensure technical quality of
communications or service; 
(e) the objectives of general interest as
laid down by the Minister in accordance withEuropean Union law; and
(f) the need to safeguard efficient use of
radio spectrum.
VERŻJONI ELETTRONIKA
A 1221
Substitution of 
article 38 of the 
principal Act. 40. Article 38 of the principal Act shall be substituted by the
following: (3) When considering whether to issue general
authorisations or to grant i ndividual rights of use for
the harmonised radio spectrum, taking into account
technical implementing measures adopted in
accordance with Article 4 of Decision No. 676/2002/
EC, the Authority shall seek to minimise problems ofharmful interference, including in cases of shared use
of radio spectrum on the basis of a combination of
general authorisation and individual rights of use: 
Provided that where appropriate, the Authority
shall consider the possibility to authorise the use ofradio spectrum based on a combination of generalauthorisation and individual rights of use, taking into
account the likely effects of different combinations ofgeneral authorisat ions and individual rights of use and
of gradual transfers from one  category to the other on
competition, innovation and market entry.
(4) The Authority shall seek to minimise
restrictions on the use of  radio spectrum by taking
appropriate account of technological solutions for
managing harmful interference in order to impose the
least onerous authorisation regime possible.
(5) When taking a decision pursuant to sub-
articles (1) and (2) with a view to facilitating the shared
use of radio spectrum, the Authority shall ensure that
the conditions for the shared use of radio spectrum areclearly set out. Such conditions  shall facilitate efficient
use of radio spectrum, competition and innovation.". 
"
Management of 
radio spectrum.38. (1) The Authority shall ensure the effective
management of the radio spectrum for electroniccommunications networks and services in Malta in
accordance with articles 4 and 4A. In doing so the
Authority shall take into account that the radiospectrum is a public good that has an important social,
cultural and economic value.
VERŻJONI ELETTRONIKA
A 1222
Substitution of 
article 39 of the principal Act. 41. A r t i c l e  3 9  o f  t h e  p r i n c i p a l  A c t  shall be substituted by the
following: (2) Without prejudice to s pecific criteria and
procedures adopted to grant rights of use of radio
spectrum to providers of radio or television broadcastcontent services with a view to pursuing general
interest objectives in conformity with European Union
law:
(a) no exclusive or special rights of use
o f  r a d i o  s p e c t r u m  s h a l l  b e  g r a n t e d  f o r  t h e
provision of electronic co mmunications services;
and
(b) the Authority shall in the exercise of
its functions with regard to the allocation of, the
issuing of general authorisations in respect of,and the granting of individual rights of use for
radio spectrum for electronic communications
networks and, or services, act in accordance withobjective, transparent,  pro-competitive, non-
discriminatory and proportionate criteria. 
(3) In applying the provisions of this article, the
Authority shall respect relevant international
agreements, includ ing the ITU Radio Regulations, and
other agreements adopted in the framework of the ITUapplicable to radio spec trum and may take public
policy considerations into account.
(4) Upon the grant of rights for the use of radio
spectrum and in any case not less than once a year, theAuthority shall publish the assignment of such rights in
so far as these relate to th e provision of electronic
communications services.". 
"
Adoption and 
publication of a 
frequency plan. 39. (1) The Authority shall draw up, adopt and
publish a frequency plan, which frequency plan shall
from time to time be revised and published by the
Authority as it may be deemed necessary: 
Provided that before a dopting or revising the
frequency plan, as the case may be, the Authority
shall in all instances first  consult with the Minister:
VERŻJONI ELETTRONIKA
A 1223
Deletion of 
articles 40 to 45 
of the principal 
Act. 42. Articles 40 to 45 of the principal Act shall be deleted. 
Substitution of article 46 of the 
principal Act. 43. Article 46 of the principal Act shall be substituted by the
following:
Amendment of 
article 47 of the 
principal Act.44. Article 47 of the principal Act  shall be amended as follows: 
(a) in sub-article (1) thereof:
(i) paragraph (a) shall be substituted by the
following: 
"(a) regulate electronic communications
services and, or networks including interconnection
of networks, collocation and sharing of networkelements and associated facilities, conduct of a
geographical survey, carr ier pre-selection, access to
networks, rights of way, security of networks and
services, the transmission or reception of satellite
signals, the maintenance of and publication, and
access to any informati on however so described,
stipulate universal service obligations, any matter
concerning numbers including portability, plans and
allocation, any matter concerning e-mail forwardingor other similar services to ensure fair competition or
for end-user protection purposes, the obligations ofan undertaking having significant market power,competition and end-user  or consumer protectionProvided further that the requirement to
consult with the Minister shall not apply where suchrevisions are limited to compliance with anyinternational obligations of Malta. 
(2) The Authority shall in drawing up the
frequency plan, establish which frequencies areassigned under this Act and, or under any other law andthe purposes for which they may be used.". 
"
Powers of the 
Authority specific 
to radio spectrum.46. The Authority, in consultation with the
Minister, may, for the purpose of ensuring the most
efficient and effective use of radio spectrum inaccordance with the provisi ons of this Act, impose
such requirements or take such measures as it mayconsider appropriate including but not limited to theredistribution or sharing of frequencies.". 
VERŻJONI ELETTRONIKA
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rules including but not limited to rules relating to the
suspension, termination a nd renewal of electronic
communications services to end-users and, or
consumers, the use of unfair terms in electronic
communications contract s, unfair commercial
practices in so far as they relate to the provision of
electronic communications services to end-users and,
or consumers, compensation and refund
arrangements, billing procedures and billing
accuracy, emergency communications and services,
public warning systems, harmonised services forsocial value, and directory enquiry services;"; 
(ii) paragraph (q) shall be substituted by the
following: 
Cap. 418
."(q) empower the Authority to impose
administrative fines not exceeding the sum of two
hundred and fifty thousand euro (€250,000) foreach breach and, or five thousand euro (€5,000) for
each day during which failure to comply with thisAct continues, upon any person acting incontravention of any regulations made under this
Act and to provide for the imposition and
enforcement of such fine s in accordance with the
provisions of this Act and with the Malta
Communications A uthority Act;";
(iii) paragraphs (r) to (u ) shall be renumbered as
paragraphs (s) to (v); 
(iv) immediately after paragraph (q) there shall be
added the following new paragraph: 
"(r) provide for rules to be applicable in
relation to the imposition of any administrative fines
as may be made under this  article where any person
fails to comply w ith this Act;"; 
(v) in paragraph (u) as renumbered the words "or
five hundred euro (€500) for each day during which the
offence persists;" shall be substituted by the words "and, or
five hundred euro (€500) for each day during which theoffence continues;";
(b) in sub-article (2) thereof:
(i) the words "The Minister may," shall be
VERŻJONI ELETTRONIKA
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substituted by the words "Without prejudice to the
provisions of article 5A, the Minister may,"; and
(ii) immediately thereafter there shall be added the
following new sub-articles:
"(3) The Minister may, when making any
regulations under this article, require that the
Authority acts in co-ordination and, or consults with
any other public body or bodies as the Minister may
from time to time determine . In doing so the Minister
shall consult with any such other Minister as may beresponsible for any such public bodies, and with theAuthority.
(4) The Authority may by order in the
Gazette amend the rights, conditions and proceduresconcerning general author isations and rights of use
for radio spectrum or for numbering resources orrights, to install facilities, as provided for in this Act
or any regulations made thereunder. Any such
amendments shall only be made in objectively
justified cases and in a proportionate manner, taking
into consideration, where appropriate, the specific
conditions applicable to transferable rights of use forradio spectrum or for numbering resources:
Provided that except where the proposed
amendments are minor and have been agreed with theholder of the rights or of the general authorisation,the Authority shall before making any amendments
in accordance with this sub-article, give notice in
such a manner as it considers appropriate of itsintention to make such amendments, inviting
interested parties, including users and consumers, to
express their views on the proposed amendmentswithin a period of not less than four weeks as may be
specified in the notice. The said period of four weeks
shall not apply in excepti onal circumstances: 
Provided further that  the Authority shall
publish any such amendments giving its reasonstherefor.". 
Amendment of 
article 48 of the 
principal Act. 45. Article 48 of the principal Act  shall be amended as follows: 
(a) in sub-article (1) thereof the words "be liable to a fine
VERŻJONI ELETTRONIKA
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(multa ) not exceeding twenty three thousand and two hundred
and ninety euro (€23,290) and in the case of a continuing offen ce
for a further fine ( multa)  not exceeding four hundred and sixty-
five euro (€465) for each day during which the offence
continues." shall be substituted by the words "be liable to a f ine
(multa ) not exceeding twenty-five thousand euro (€25,000) and
in the case of a continuing offence for a further fine ( multa) not
exceeding five hundred euro (€500) for each day during which
the offence continues.";
(b) in sub-article (2) thereof the words "to a fine ( multa)
not exceeding twenty-three thous and and two hundred and ninety
euro (€23,290)" shall be substituted by the words "to a fine
(multa ) not exceeding twenty-five thousand euro (€25,000)"; 
(c) in sub-article (3) thereof the words "to a fine (multa)
not exceeding twenty-three thous and and two hundred and ninety
euro (€23,290)" shall be substituted by the words "to a fine
(multa ) not exceeding twenty-five thousand euro (€25,000)"; 
(d) in sub-article (4) thereof:
(i) the words "to a fine ( multa) not exceeding
eleven thousand and six hundred and forty-six euro andeighty-seven cents (€11,646.87)" shall be substituted by
the words "to a fine ( multa ) not exceeding fifteen thousand
euro (€15,000)"; and 
(ii) immediately thereafter there shall be added the
following new sub-article: 
"(5) Any person who, without being duly
authorised at law, uses any apparatus for the purposeof deliberately interfering with radiocommunications
shall be guilty of an offence under this Act and shallon conviction be liable to a fine ( multa) not
exceeding fifty thousand euro (€50,000) and, or to adaily fine ( multa) not exceeding one thousand euro
(€1,000) for each day of non-compliance, and, or to
imprisonment for a period not exceeding one year, or
to such fine or fines and to such imprisonment.". 
Amendment of 
article 49 of the 
principal Act.46. In article 49 of the principal A ct the words "be liable to a fi ne
(multa ) not exceeding twenty-three thousand, two hundred and ninety-
three euro and seventy-three cents (€23,293.73) and, in the cas e 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
VERŻJONI ELETTRONIKA
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day during which the offence cont inues;" shall be substituted by the
words "be liable to a fine ( multa ) not exceeding twenty five thousand
euro (€25,000) and, in the case of a continuing offence, to a f urther
fine ( multa)  not exceeding five hundred euro (€500) for each day
during which the offence continues;".
Amendment of 
article 50 of the principal Act. 47. In article 50 of the principal Act the words "a fine ( multa ) of
more than twenty-three thousand euro and two hundred and ninety
euro (€23,290) or four hundred and sixty-five euro (€465) for e ach day
during which the offence persists." shall be substituted by the  words "a
fine ( multa ) of more than twenty-five thousand euro (€25,000) and, or
five hundred euro (€500) for each day during which the offencecontinues.". 
Substitution of 
article 52 of the 
principal Act. 48. Article 52 of the principal Act shall be substituted by the
following: 
Deletion of 
articles 53 and 
54 of the principal Act. 49. Articles 53 and 54 of the principal Act shall be deleted. 
Substitution of 
article 55 of the 
principal Act. 50. Article 55 of the principal Act shall be substituted by the
following: "Saving. 52. (1) Any regulations made or kept in force by
or under any of the provisions of this Act as in force on
the 21st December, 2020 and still in force on the said
date shall, until other provision is made under or byvirtue of this Act, continue to be in force and have
effect.
(2) Any directives, decisions or designations
however so described made by the Authority underthis Act as in force  on the 21st December , 2020 and
still in force on the said date shall continue to be in
force until revoked or a mended by the Authority.".
"
Exemption from 
the provisions of 
this Act.55. (1) The Prime Minister may by order
published in the Gazette  exempt from any of the
provisions of this Act, any electronic communications
network and, or service, or any radiocommunicationsapparatus exclusively used by the State for activities
concerning public security, defence, State security,including the economic well-be ing of the State in the
case of activities pertaining to State security matters,
and the activities of the State in the area of criminal
law: 
VERŻJONI ELETTRONIKA
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PART III
AMENDMENTS TO THE MALTA 
COMMUNICATIONS AUTHORITY ACT
Amendments to 
the Malta 
Communications 
Authority Act. 
Cap. 418.51. (1) This Part amends the Malta Communications Authority
Act and it shall be read and c onstrued as one with the Malta
Communications Authority Act, he reinafter in this Part referred  to as
"the principal Act". 
(2) This Part shall come into force on such date as the Minister
responsible for communications may by notice in the Gazette app oint
and different dates may be so a ppointed for different provision s and
different purposes thereof.
General 
amendment to the principal 
Act.52. In the Maltese text the words " multa amministrattiva" or "mult i
amministrattivi", wher ever they occur in the principal Act, sha ll be
substituted with the words "penali amministrattiva" or "penalitajiet
amministrattivi" respectively.
Amendment of 
article 2 of the 
principal Act.53. Article 2 of the principal Act shall be amended as follows: 
(a) immediately after the definition "this Act" there shall
be added the following new definition:
" "associated facilities" means those associated
services, physical infrastruct ures and other facilities or
elements associated with an  electronic communications
network and, or an electr onic 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, an tennae, towers and otherProvided that no exemptions shall be granted
with respect to: 
(a) the requirement of having an explicit
authorisation issued by the Authority for therights of use for radio spectrum; or 
(b) the installation or use of
radiocommunications apparatus capable ofcausing deliberate interfe rence, as provided for in
article 31A. 
(2) The Prime Minister shall, in making an order
under this article, first consult with the Authority, andmay after having done so, impose any such conditions
as he may consider appropriate  in the circumstances.". 
VERŻJONI ELETTRONIKA
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supporting constructions, ducts, conduits, masts,
manholes, and cabinets;"; 
(b) the definition "BEREC" shall be substituted by the
following: 
" "BEREC" means the Body of European Regulators
for Electronic Communications established by Regulation
(EU) 2018/1971 of the European Parliament and of the
Council of 11 December 2018 establishing the Body of
European Regulators for Electronic Communications
(BEREC) and the Agency for Support for BEREC
(BEREC Office);"; 
(c) in the definition "Board" the words "means the Board
of the Authority" shall be substi tuted by the words "unless the
context otherwise requires, means the Board of the Authority"; 
(d) immediately after the definition "communications"
there shall be added the following new definition:
" "consumer" means any natural person who uses or
requests a communications service for purposes which are
outside his trade, busine ss, craft or profession";
(e) in the definition "contract or" the words "article 5(3)"
shall be substituted by the words "article 5(2)"; 
(f) immediately after the definition "directive" there
shall be added the fol lowing new definition: 
" "Electronic Communications Code" means
Directive (EU) 2018/1972 of the European Parliament and
of the Council of the 11 December 2018  establishing the
European Electronic Communications Code;"; 
(g) immediately after the definition "end-user" there
shall be added the fol lowing new definition: 
Cap. 413." "end-user with disabiliti es" means a person with a
disability as defined in the Equal Opportunities (Personswith Disability) Act, whose special needs as an end-user
are either due to a disability or to ageing;";
(h) the definition "European Electronic Communications
Directives" shall be deleted; 
(i) immediately after the defin ition "public officer" there
VERŻJONI ELETTRONIKA
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shall be added the follo wing new definition: 
 " "RSPG" means the Radio Spectrum Policy Group
established by the European  Commission Decision of 11
June 2019 setting up the Ra dio Spectrum Policy Group;";
and 
(j) in the definition "undertaking" the words "or
associated facilities;" shall be substituted by the words "or
associated facilities; and".
Amendment of 
article 3 of the principal Act.54. Article 3 of the principal Act shall be amended as follows: 
(a) sub-articles (2) and (3) thereof shall be substituted by
the following:
 "(2) The members of the Board shall be appointed
by the Minister from amongst persons of recognised
standing and professional exper ience on the basis of merit,
skills, knowledge and relevant experience, for a term of not
less than three (3) years but not exceeding six (6) years,
which term shall be specif ied in the instrument of
appointment, and the members so appointed may, subject to
the requirements of this art icle, be re-appointed on the
expiration of their term of office for another term: 
Provided that in appointing the members of the
Board, the Minister shall act in an open and transparent
manner and shall ensure the c ontinuity of decision-making
by the Authority: 
Provided further that any such appointments
shall be published in the G azette by the Minister.
(3) The Minister shall designate one of the other
members of the Board as Deputy Chairman and themember so designated shall have all the powers and
perform all the functions of the Chairman during his
absence or inability to act as Chairman, or while theChairman is on vacation or during any vacancy in the
post of the Chairman.";
(b) in paragraph (a) of sub-article (4) thereof the words
"or a member of the House of Representatives; or" shall be
substituted by the words "or a member of the House of
Representatives or of a Local Council; or";
(c) in paragraph (c) of sub-article (6) thereof the words
VERŻJONI ELETTRONIKA
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"the Minister may suspend the member if he is being
investigated for a criminal offence; or" shall be substituted b y the
words "the Minister may suspend the member if he is being
investigated for such a criminal offence; or";
(d) sub-article (7) thereof shall be substituted by the
following: 
"(7) If the Minister dismisses a member of the
Board from office, such dis missal shall be made public at
the time of dismissal from office. In doing so the Minister
shall provide the member concerned with a statement of
r e a s o n s  f o r  h i s  d i s m i s s a l .  I f  t he statement of reasons for
dismissal is not made public then, the member concerned
shall have the right to request that the statement of reasons
for his dismissal be made public, in which case theMinister shall publish such statement without any delay: 
Cap. 12.Provided that the member so dismissed may
contest the decision of the Mi nister to dismiss him on both
points of fact and of law by me ans of an action to be filed
before the Civil Court within twenty days of thenotification of the aforesaid decision to the said member.The provisions of the Code of Organization and Civil
Procedure for the hearing and determination of cases shall
apply to any such action.";
(e) sub-article (8) thereof shall be substituted by the
following: 
" ( 8 ) I f  a  m e m b e r  r e s i g n s  o r  i f  t h e  o f f i c e  o f  a
member of the Board is otherwise vacant or if a memberis for any reason unable to perform the functions of his
office, the Minister may appoint a person who is
qualified to be appointed as a member, to be a temporary
member of the Board. Any person so appointed shall,
subject to the provisions of sub-articles (4), (5) and (6),
cease to be such a member when a person has been
appointed to fill the vacancy or, as the case may be, whenthe member who was unable to perform the functions of
his office resumes those functions:
Provided that any tempor ary appointment made
under this article shall not at any one time exceed theperiod of one year."; and
(f) in sub-article (9) thereof the words "Any member of
VERŻJONI ELETTRONIKA
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the Authority" shall be substituted by the words "Any member of
the Board". 
Addition of new 
article 3A to the principal Act. 55. Immediately after article 3 of t he principal Act there shall be
added the following new article: 
Amendment of article 4 of the principal Act. 56. Article 4 of the principal Act shall be amended as follows: 
(a) in sub-paragraph (iv) of paragraph (a) of sub-article
(1) thereof the words "the protection of public health;" shall be
substituted by the words "the protection of public health and o f
the environment;";
(b) in sub-article (3) thereof:
(i) in paragraph (k) the words "establish measures
for the protection of the envir onment" shall be substituted
by the words "establish measures, as necessary, for the
protection of the environment";
(ii) in paragraph (t) the words "disabled end-users"
shall be substituted by t he words "end-users with
disabilities";
(iii) paragraph (v) shall be renumbered as paragraph
(w) and immediately after paragraph (u) thereof there shallbe added the following new paragraph: 
"(v) deal with and, or determine any matter
relating to mediation in and, or resolution of anydispute or complaint, howev er so described, relating
to any aspect of communications regulated by the
Authority under any law;";
(iv) immediately after para graph (w) as renumbered
there shall be added the following new paragraph:
"(x) manage scarce resources used by space
systems for the provision of satellite
communications services; and";
(c) the marginal note to sub-article (8) thereof shall be
substituted by the following:"
Independence of 
the Authority – 
Separation of 
Regulatory and Operational 
Functions.3A. The Authority shall be legally distinct from,
and functionally independent of, any person providing
any networks, equipment or services however so
described which are regulated by the Authority.". 
VERŻJONI ELETTRONIKA
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"Cooperation with other authorities."; and
(d) sub-articles (9) and (10) thereof shall be substituted
by the following: 
"(9) The Authority on the one hand and the
competent authorities responsible for competition issues
and consumer affairs, and such  other competent authorities
responsible for other areas as may impact on the sectors
regulated by the Authority on the other, shall consult and
cooperate on matters of common interest, and in doing so
shall provide each other wit h the information necessary for
the application of the provisi ons of this Act, of any other
law which the Authority is entitled to enforce, and of anyother law relating to competition issues and, or consumer
affairs or to any of the co mmunications sectors falling
within the remit of the Authority, which information shall
be provided within an appropriate time-frame taking into
consideration the particular  circumstances of the issues
involved: 
Provided that European Union data protection
rules shall apply in respect of the information exchanged,and the receiving authority shall ensure the same level of
confidentiality as the  originating authority.
Provision of 
information. (10) Without prejudice to the enforcement powers
that it has at law, the Authority may require any person to
provide it with any information, including financial
information, that the Authorit y considers necessary for the
purpose of carrying out its functions, or which is necessary
for the European Commission, BEREC or any other EU
regulatory body in relation to the  sectors that fall within the
remit of the Authority in order to ensure compliance in
accordance with the provisions of, or decisions or
directives made in accordance with this Act or any other
law which the Authority is entitled to enforce.".
Amendment of 
article 4A of the 
principal Act.57. Article 4A of the principal Act shall be amended as follows: 
(a) in sub-article (1) thereof the words "where the
Authority intends to take a decis ion in accordance with any law
which it is entitled to enforce, and which decision has a
significant impact in a market f or any communications networks
or services, it shall make available to interested parties astatement of the proposed decis ion and give such parties the
opportunity to comment on the proposed decision within a period
VERŻJONI ELETTRONIKA
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which the Authority considers reasonable." shall be substituted
by the words "where the Authority intends to take a decision in
accordance with any law which it is entitled to enforce, whichdecision has a significant impact in a market for any
communications networks or servi ces, it shall make available to
interested parties a statement of the proposed decision. The
Authority shall give such parties the opportunity to comment on
the proposed decision within a period which the Authority
considers reasonable, having regard to the complexity of the
matter, which period other than  in exceptional circumstances,
shall not be shorter than thirty days: 
Provided that in relation to electronic
communications the period of cons ultation shall not be less tha n
thirty days."; 
(b) sub-article (2) thereof shall be substituted by the
following: 
"(2) Where the Authority intends to take a decision
on issues related to any end- user and, or consumer rights,
including equivalent access a nd choice for end-users with
disabilities, in particular w here such a decision has a
significant impact on a market for any communicationsnetworks and, or services, the A uthority shall ensure that in
carrying out the consultation m echanism referred to in sub-
article (1), as far as is appr opriate for the purposes of its
functions under this Act or any other law the Authority is
entitled to enforce, it shall ta ke into account the views of
end-users, in particular consumers, and end-users with
disabilities, manufacturers and undertakings that provide
communications networ ks and, or services.";
(c) in sub-article (3) thereof the words "whic h all current
consultations can be assessed" shall be substituted by the word s
"which all current consulta tions can be accessed"; and 
(d) in sub-article (4) thereof the words "except in the
case of information which the Authority considers to beconfidential" shall be substituted by the words "except in thecase of confidential information, in accordance with European
Union and national rules on comme rcial confidentiality.". 
Addition of new 
articles 4B, 4C, 4D and 4E to 
the principal 
Act. 58. Immediately after article 4A of the principal Act there shall be
VERŻJONI ELETTRONIKA
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added the following new articles: 
"Development of 
codes of conduct 
and operating 
standards. 4B. (1) The Authority may either on its own
initiative or in coordination with other competent
authorities provide guidance to interested partieswhen these are developing mechanisms, involving
consumers, user groups and service providers, to
improve the general quality of service provision by,inter alia , developing and monitoring codes of conduct
and operating standards.
(2) The Authority may request undertakings to
prepare a code of practice that includes the minimum
standards of service provided to end-users. TheAuthority may also provide guidance to the employeesor representatives, however so described, of such
undertakings in their de alings with end-users.
Co-operation in the 
promotion of 
lawful content.4C. Without prejudice to national rules in
accordance with European Union law promoting
cultural and media policy objectives such as cultural
and linguistic diversity and media pluralism, competent
authorities in coordinati on, where relevant, with the
Authority, may promote cooperation between
undertakings providing electronic communications
networks or services, and sectors interested in the
promotion of lawful content in electronic
communications networks and services: 
Provided that such cooperation may also
include coordination of the public-interest information
to be provided pursuant to applicable national law andEuropean Union law. 
Compliance with 
data protection 
rules. 4D. The Authority shall comply with European
Union and national data protection rules when
processing personal data. 
Requirement to 
obtain other 
authorisations required at law. 4E. Compliance with any authorisation by or
under any law which the Authority is entitled to
enforce, enabling a person to operate, install or useany communications service or network or any
radiocommunications appara tus, shall not relieve a
person from any requirement at law to apply for and
obtain any other authorisation, licence or permit
however so described, or from any obligation arising
from any other law, licence, authorisation or permit
however so described.".
VERŻJONI ELETTRONIKA
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Substitution of 
article 6 of the principal Act. 59. Article 6 of the principal Act shall be substituted by the
following: 
Addition of new article 6A to the principal Act. 60. Immediately after article 6 of t he principal Act there shall be
added the following new article: "Independence of 
the Authority and 
its relations with 
the Minister. 6. (1) The Authority shall act independently
and objectively in the exercise of its functions at law,
including in the development of its internal procedures
and organisation of its staff, and shall operate in a
transparent and accountable  manner in accordance with
European Union law. In doing so the Authority shall
not seek or take instructions from any other person in
relation to the exercise of the tasks assigned to it bylaw, this without prejudi ce to any supervision, however
so described, that may be undertaken in accordance
with the Constitution of Malta. 
(2) The Minister may, in relation to matters that
appear to him to affect the public interest, from time to
time give to the Authority directions in writing of ageneral character on the policy to be followed in thecarrying out of the functions  vested in the  Authority by
or under this Act, and the Authority shall, as soon asmay be, give effect to all s uch directions. The Minister
in giving any such directions  shall state in writing the
reasons therefor: 
Provided that any such directions shall not be
inconsistent with the provisions of this Act: 
Provided further that the  Authority shall afford
to the Minister facilities for obtaining information with
respect to its property and activities and furnish him
with returns, accounts and other information with
respect thereto, and afford to him facilities for the
verification of information furnished, in such manner
and at such times as he may reasonably require.
Cap. 601. (3) The provisions of article 77 of the Public
Finance Management Act shall not apply to the
Authority.".
"Suspension or 
overturning of a 
decision by the 
Authority. 6A. Unless otherwise provided for by law,
decisions taken by the Authority shall only be
suspended or overturned by the competent court or
tribunal as prescribed under this Act.". 
VERŻJONI ELETTRONIKA
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Amendment of 
article 7 of the principal Act. 61. Sub-article (2) of article 7 of the principal Act shall be
substituted by the following: 
"(2) The legal representation of the Authority shall vest in
the Chairman, in the Chief Exe cutive Officer if any, and such
other member of the Board or officer of the Authority as the
Board may appoint: 
Provided that the Board  may appoint one or more
members of the Board or one or m ore officers of the Authority t o
appear in the name or on behalf of the Authority in any judicia l
proceedings and in any act, contract, instrument or other
document whatsoever.". 
Amendment of 
article 9 of the 
principal Act. 62. In article 9 of the principal Act the words "with the
concurrence of the Minister." sh all be substituted by the words
"without prejudice to any supervision, however so described, th at may
be undertaken in accordance with the Constitution of Malta.".
Amendment of article 10 of the 
principal Act.63. I n  a r t i c l e  1 0  o f  t h e  p r i n c i p a l  A c t  t h e  w o r d s  " a s  i t  m a y ,  i n
accordance with article 9, determine" shall be  substituted by t he words
"as it may determine".
Amendment of 
article 11 of the 
principal Act. 64. In sub-article (1) of article 1 1 of the principal Act the word s
"the Prime Minister’s direction." shall be substituted by the words "the
direction of the Prime Minister.". 
Amendment of article 14 of the 
principal Act. 65. In sub-article (5) of article 14 of the principal Act the word s
"may be invested" shall be subs tituted by the words "may be inv ested
by the Authority". 
Amendment of 
article 15 of the 
principal Act. 66. In sub-article (2) of article 15 of the principal Act the word s
"one hundred and sixteen thousand and four hundred and sixty-fo ur
euro (€116,465)" shall be substit uted by the words "one hundred  and
fifty thousand euro (€150,000)". 
Amendment of article 22 of the 
principal Act. 67. Sub-articles (1) to (3) of article 22 of the principal Act sha ll
be substituted by the following: 
"(1) All monies accruing to t he Authority shall be paid
into a bank or banks appointed as bankers of the Authority by a
resolution of the Board. Such mon ies shall, as far as practicab le,
be paid into such banks from day to day, except such sum as the
Board may authorise to be retained to meet petty disbursements
and immediate cash payments.
(2) All payments out of funds of the Authority, other
than petty disbursements not exceeding a sum fixed by the
VERŻJONI ELETTRONIKA
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Board, shall be made by such officer or officers of the Authori ty
as the Board shall appoint or designate for that purpose. 
(3) Cheques against and withdrawals from any bank
account of the Authority shall be signed by such officer of the
Authority as may be appointed or designated by the Board for
that purpose and shall be counter signed by the Chairman or such
other member of the Board or officer of the Authority as may be
authorised by the Board for that purpose.". 
Deletion of 
article 23 of the principal Act.68. Article 23 of the principal Act shall be deleted.
Amendment of 
article 24 of the 
principal Act.69. Article 24 of the principal Act shall be amended as follows: 
(a) in the marginal note thereto the words "Annual
report" shall be substituted by the words "Annual report and
other reporting requirements";
(b) article 24 thereof shall be renumbered as article 24(1)
and immediately thereafter the re shall be added the following
new sub-article: 
"(2) Without prejudice to the requirements under
sub-article (1), the Authority shall report annually, amongst
other matters, on the state of the markets in relation to the
sectors falling under its rem it, on the decisions it issues, on
its human and financial reso urces and how those resources
are attributed and on its future plans. The Authority shallensure that such reports are made public.";  and
(c) in article 24(1) as renumbered the words "not later
than six weeks" shall be substituted by the words "not later th an
thirteen weeks". 
Amendment of 
article 29 of the 
principal Act.70. Article 29 of the principal Act shall be amended as follows: 
(a) in sub-article (1) thereof:
(i) in paragraph (a) the words "any vehicle or
vessel where any activity" shall be substituted by the words
"any vehicle, vessel or aircraft where any activity"; 
(ii) paragraphs (b) to (h) shall be renumbered as
paragraphs (c) to (i) thereof; and
(iii) immediately after para graph (a) there shall be
added the following new paragraph: 
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"(b) enter a place of residence for the
purpose of any investigation or inspection in
relation to any activity r egulated by or under this
Act or any other law which the Authority is entitled
to enforce during any time between eight o’clock in
the morning and six o’clock in the evening: 
Provided that in cases of manifest
urgency the Authority may carry out suchinvestigation or inspection outside the aforesaid
time:
Provided further that the Authority
shall, at all times, as is reasonable taking intoaccount the gravity of the specific circumstances,
give adequate prior written notice to the person or
persons residing in the said place of residence, of
the conduct and the purpose of the investigation or
inspection to be undertaken;"; 
( i v ) i n  p a r a g r a p h  ( i )  a s  r e n u m b e r e d  t h e  w o r d s
"International Commission fo r Non-Ionising Radiation
Protection" shall be substituted by the words " International
Commission on Non-Ionising Radiation Protection" and
immediately thereafter there s hall be added the following
new paragraph: 
"(j) arrange or require an undertaking to do an
independent audit or operations review of any of the
regulated activities of that undertaking. The costs ofany such audit or op erations review shall be borne by
the undertaking: 
Provided that the Authority before
proceeding to arrange or require any such audit or
operations review shall notify in writing the
undertaking concerned, wa rning it of the audit or
operations review that may be taken and the
reasons therefor, requiring the undertaking to make
its written submissions t o the Authority within a
period of not less than twe nty days from the date of
the notification of any such warning.";
(b) sub-articles (2) to (5) thereof shall be renumbered as
sub-articles (3) to (6) thereof and immediately after sub-artic le
(1) there shall be added the following new sub-article: 
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"(2) The Authority shall exercise any power of entry
as referred to in sub-article (1) only in such a manner as is
reasonably required in the interest of public safety, public
order, public health or public benefit.".
Amendment of 
article 30 of the 
principal Act. 71. In sub-article (3) of article 30 of the principal Act the word s
"not exceeding ten thousand euro (€10,000)." shall be substitut ed by
the words "not exceeding twenty-five thousand euro (€25,000).".
Amendment of 
article 31 of the 
principal Act.72. Sub-articles (1) and (2) of article 31 of the principal Act sha ll
be substituted by the following: 
"(1) Without prejudice to any other provisions under this
Act or any other law which the Au thority is entitled to enforce ,
the Authority may take the follo wing measures in respect of any
person who infringes any provision of this Act or of any other
law which the Authority is entitled to enforce, or who fails tocomply with any decision given by the Authority, or with any
decision given by the Utilities Networks Dispute ResolutionBoard where the Authority considers that non-compliance by anyperson with such a decision may impact negatively on the
provision of electronic comm unications services and, or
networks, or with any author ization condition, or with any
binding decision issued by the European Commission pursuant
to the Electronic Communications Code, namely:
(a) the imposition of an administrative fine in
accordance with the provisions of this article and ofarticles 32 and 33; 
(b) order the cessation of any act or omission
which is in breach;
Cap. 399.(c) order the delay of a service or bundle of
services which, if continued, may result in significant
harm to competition, pending compliance with access
obligations imposed following a market analysis carried
out in accordance with the Electronic Communications
(Regulation) Act and with any regulations made
thereunder; or
(d) order the taking of any such measures as the
Authority may, in accordance with its powers at law,consider necessary in protecti ng the rights of end-users as
established by any law or any decision which the Authority
is entitled to enforce where the act or omission of any
person negatively impacts such rights:
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Provided that a reference  to a decision given by
the Utilities Networks Dispute Resolution Board includes
any decision of the aforesaid Board which is appealed frombefore the Court of Appeal, but has not been suspended by
the Court of Appeal, and any decision of the Court of
Appeal following an appeal from any decision of theaforesaid Board.
(2) In cases where the Authority considers that a
person has seriously and, or repeatedly infringed the
provisions of this Act or of any other law which the Authority
is entitled to enforce, or of any decision of the Authority or of
any authorisation condition, the Authority may withdraw or
suspend any related authorisation granted by or under this Act
or any other law which the Author ity is entitled to enforce, or
prevent a person from continuing to provide any
communications service or network:
Provided that, without prejudice to the generality of
the above, the following instances shall be considered toconstitute a serious and, or repeated breach: 
(a) the unjustified and continued withholding of
information requested by the Authority in accordance with
its powers at law; and 
(b) persistent and repeated instances of non-
cooperation with the Authority.". 
Amendment of 
article 32 of the 
principal Act.73. In sub-article (2) of article 32 of the principal Act the words
"infringement with" shall be subs tituted by the words "infringement
within".
Amendment of article 33 of the 
principal Act. 74. Immediately after sub-article ( 3) of article 33 of the princip al
Act there shall be added the following new sub-article: 
"(4) An administrative fine may be imposed with
retroactive effect in accordance with the provisions of this Ac t
even if the breach in question was subsequently rectified.". 
Deletion of article 34 of the 
principal Act. 75. Article 34 of the princip al Act shall be deleted.
Amendment of article 35 of the 
principal Act. 76. Article 35 of the principal Act  shall be amended as follows: 
(a) the marginal note thereto shall be substituted by the
following:
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"Prescription for the taking of enforcement
measures."; and 
(b) the words "The prosecution of a criminal offence or
the initiation of proceedings to impose an administrative fine
under this Act" shall be substituted by the words "Unless state d
otherwise at law, the prosecution of a criminal offence, the
initiation of proceedings to impose an administrative fine or
other sanctions, and the initia tion of any other enforcement
measures however so described under this Act".
Amendment of 
article 36 of the 
principal Act. 77. Sub-article (3) of article 36 of  the principal Act shall be
deleted.
Amendment of article 37 of the 
principal Act.78. Article 37 of the principal Act shall be amended as follows: 
(a) in the marginal note thereto the words "Cap. 350"
shall be deleted; 
(b) in sub-article (1) thereof  the words "the Broadcasting
Act" shall be deleted.
Amendment of 
article 38 of the 
principal Act. 79. In sub-article (1) of article 38 of the principal Act in the
Maltese text the words "għall- multa amministra ttiva" shall be
substituted by the words "għall-penali amministrattiva".
Amendment of 
article 41 of the 
principal Act. 80. In article 41 of the principal Act the words "may appeal to th e
Court of Appeal" shall be substituted by the words "may on a po int of
law and, or of fact appeal to the Court of Appeal". 
Amendment of 
article 42A of 
the principal 
Act.81. In article 42A of the principa l Act the words "The Authority
shall provide such information to the European Commission and, to
BEREC after a reasoned request from either" shall be substitute d by
the words "The Authority shall provide such information, as wel l as
the decisions or judgments given, to the European Commission an d, to
BEREC after a reasoned r equest from either body". 
Amendment of article 43 of the principal Act. 82. Article 43 of the principal Act shall be amended as follows: 
(a) sub-article (1) thereof shall be substituted by the
following: 
"(1) Unless otherwise provided in any other law,
in the event of a disput e occurring between: 
(a) undertakings in Malta within the same
communications sector; or
(b) undertakings providing electronic
VERŻJONI ELETTRONIKA
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communications networks and, or services in Malta
on the one hand, and other such undertakings
providing electronic communications networks and,or services in other Member States benefiting from
obligations of access or int erconnection on the other
hand; or 
(c) undertakings providing electronic
communications networks and, or services in Malta
on the one hand, and undertakings providing
associated facilities in Malta on the other hand: 
Provided that with regard to any
obligations arising under any law, decision orauthorisation condition which the Authority is
entitled to enforce, the Authority shall, at the requestof any party to the dispute, investigate the matter and
shall issue a binding decision to resolve the dispute in
the shortest possible time-frame, and in any casewithin four months from the date on which the
dispute was notified to it:
Provided further that such period of four
months may be extended in circumstances which theAuthority considers exceptional:
 Provided further that if all the parties to a
dispute agree not to pursue further with the disputewith a view to achieving an amicable settlement on
all the issues in dispute, and three months elapsefrom when all parties do so agree to discuss an
amicable settlement, then the dispute shall be
considered to be terminated at the lapse of theaforesaid period of three months if during that period
none of the parties in writing requests the
continuation of the determination of the dispute bythe Authority. A party in making such a request shall
state its reasons therefor.";
(b) in sub-article (4) thereof the words "If four months
from the date" shall be substituted by the words "If after fourmonths from the date"; 
(c) in sub-article (10) there of the words "The Minister
may by regulation" shall be substituted by the words "TheMinister may, in accordance wi th EU legislation, by regulation" ;
and immediately thereafter there shall be added the following
VERŻJONI ELETTRONIKA
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new sub-article:
"(11) Nothing in this arti cle shall preclude the
Authority if it considers a ppropriate in any circumstances
that may arise in accordance with this article, either of its
own initiative or at th e request of a party t o a dispute, from
undertaking any mediation in relation to the said dispute.". 
Amendment of 
article 44 of the 
principal Act. 83. Article 44 of the principal Act shall be amended as follows: 
(a) sub-article (3) thereof shall be substituted by the
following: 
"(3) The Authority, in resolving any disputes
referred to it under this artic le, may issue directives to
the person against whom the complaint has been lodged,
requiring that person to comply with any measure that
the Authority may specify in accordance with its powersat law for the resolution of the dispute:
Provided that where, in a dispute lodged by
an end-user, the end-user i s requesting the payment of
compensation and, or other civil redress and the amount
involved does not exceed the competence of the
Consumer Claims Tribunal or the Small Claims Tribunal,the Authority may refer such dispute for determination
by the Consumer Claims Tribunal or the Small Claims
Tribunal as appropriate."; and
(b) in sub-article (4) thereof the word "administrative"
shall be deleted. 
Amendment of 
article 44A of the principal 
Act. 84. Article 44A of the principal Act shall be amended as follows: 
(a) in sub-article (1) thereof the words "involving
persons enjoying authorisations in more than one Member State"
shall be substituted by the words "involving undertakings in
more than one Member State"; 
(b) sub-articles (2) and (3) thereof shall be substituted by
the following: 
Cap. 399."(2) In addition to sub-articl e (1), a dispute arising
under the Electronic Communications (Regulation) Act
or the Electronic Communications Code between
undertakings in different Member States, where the
dispute lies within the competence of the Authority and
national regulatory authorities from other Member
VERŻJONI ELETTRONIKA
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States, that dispute shall be subject to the following:
Cap. 399.(a) any person may refer such a dispute to the
Authority, and where the dispute affects trade
between Malta and other Member States, the
Authority shall notify the dispute to BEREC in orderto bring about a consistent resolution of the dispute in
accordance with the objectiv es set out in article 4 of
the Electronic Communications (Regulation) Act. In
doing so the Authority shall await the opinion of
BEREC subsequent to the notification before taking
any action to resolve the dispute: 
Provided that in exceptional
circumstances where there is an urgent need to act, inorder to safeguard competition or protect the interestsof end-users, the Authority may, either at the request
of any person to the dispute or of its own initiative,
adopt interim measures:
(b)  where the Authority makes a
determination for the purposes of resolving a dispute
under this article, the provi sions of article 43 shall,
where applicable, apply: 
Provided further that the Authority when
imposing any obligations on an undertaking inresolving a dispute shall ab ide with the provisions of
the Electronic Communications Code, and shall takethe utmost account of the opinion adopted by BERECtaken in accordance with pa ragraph 3 of Article 27 of
the Electronic Communications Code, which opinionshall be adopted within thirty days. 
(3) The procedure referred to in this article does
not preclude a person to the dispute from bringing an
action before the courts or any other competent
adjudicative forum."; and 
(c) immediately after sub-article (3) thereof there shall
be added the following new sub-article: 
Cap. 399. "(4) The provisions of this article shall not apply to
disputes relating to radio spectrum coordination covered by
Part V of the Electronic Communications (Regulation)
Act.". 
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Amendment of 
article 46 of the 
principal Act. 85. Sub-article (1) of article 46 of  the principal Act shall be
substituted by the following: 
"(1) The Minister may, after consultation with the
Authority, make regulations in respect of any of the functions
assigned to the Authority including such functions as may beassigned in compliance with any international obligations of
Malta and in respect of alternative dispute resolution, or any
other dispute or complaint handling procedures, however sodescribed, relating to any of the communications sectors
regulated by the Authority, which regulations may also provide
for any such fees and, or charges however so described that maybe payable to the Authority in relation to the exercise of any such
functions:
Provided that the Minister may establish the
procedure to be followed by the Authority in the investigation
of any infringements and the enforcement of any sanctions thatthe Authority may be empowered by law to impose.".
Amendment of 
article 50 of the principal Act. 86. In sub-article (3) of article 50 of the principal Act the word s
"not less than five hundred euro (€500) and not more than five
thousand euro (€5,000)." shall be substituted by the words "not  less
than one thousand euro (€1,000) and not more than ten thousand euro
(€10,000).". 
Amendment of 
the First Schedule to the 
principal Act. 87. In the First Schedule to the principal Act in the first column
under the title "Name of public authority" there shall be added  the
words "Authority for Transport in Malta", and in the second col umn
under the title "Type of authorisation" there shall be added the words
"Ship station licences (indivi dual authorisations).". 
Passed by the House of Representatives at Sitting No. 489 of th e
14th July, 2021.
ANĠLU FARRUGIA
Speaker
RAYMOND SCICLUNA
Clerk of the House of Representatives
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