B 2983
L.N. 379 of 2021
ELECTRONIC COMMUNICATIONS (REGULATION) ACT
(CAP. 399)
Electronic Communications Networks and Services (General) 
Regulations, 2021
IN EXERCISE of the powers conferred upon him by articles 34 and
47 of the Electronic Communications (Regulation) Act, the Minister
responsible for communications, after consultation with the Malta
Communications Authority, has made the following regulations:-
PART I
PRELIMINARY
Citation and 
commencement. 1.(1) The title of these regulations is the Electronic
Communications Networks and Services (General) Regulations, 202 1. 
(2) These regulations shall come into force on 1st October, 2021.
Interpretation. 2. In these regulations, unless the context otherwise
requires: 
Cap. 399. ""Act" means the Electronic Communications (Regulation)
Act, 2021;
"application programming interface" or "API" means the
software interface between applications, made available by
broadcasters or service providers, and the resources in the
enhanced digital television equipment for digital television and
radio services; 
"authorised undertaking" means an undertaking deemed to
be authorised to provide electronic communications networks
and, or services in accordance with these regulations; 
"call" means a connection established by means of a
publicly available interpersonal communications service
allowing two-way voice communication;
"caller location information" means, in a public mobile
network, the data processed, derived from network infrastructure
or handsets, indicating the geographic position of an end-user’s
mobile terminal equipment, and, in a public fixed network, the
data about the physical address of the network termination point;
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"the Charter" means the Charter of Fundamental Rights of
the European Union;
"competent authority" and, or "competent public body"
means any national or regional authority, and any national or
regional public body or bodies as the Minister may, after
consultation with the Authority and with the Minister
responsible for such public authority or body, designate under
the Fourteenth Schedule in accordance with his powers under
article 47 of the Act, to be responsible or to undertake any of the
functions however so described , as stipulated in these
regulations;
"Decision (EU) 2017/899" means Decision (EU) 2017/899
of the European Parliament and of the Council of 17 May 2017
on the use of the 470-790 MHz frequency band in the European
Union;
"Decision No 243/2012/EU" means Decision No 243/2012/
EU of the European Parliament and of the Council of 14 March
2012 establishing a multiannual radio spectrum policy
programme;
"Directive 2003/98/EC" means Directive 2003/98/EC of
the European Parliament and of the Council of 17 November
2003 on the re-use of public sector information;
"Directive 2014/30/EU" means Directive 2014/30/EU of
the European Parliament and of the Council of 26 February 2014
on the harmonisation of the laws of the Member States relating
to electromagnetic compatibility;
"Directive 2014/53/EU" means Directive 2014/53/EU of
the European Parliament and of the Council of 16 April 2014 on
the harmonisation of the laws of the Member States relating to
the making available on the market of radio equipment and
repealing Directive 1999/5/EC;
"Directive 2014/61/EU" means Directive 2014/61/EU of
the European Parliament and of the Council of 15 May 2014 on
measures to reduce the cost of deploying high-speed electronic
communications networks;
"Directive (EU) 2015/1535" means Directive (EU) 2015/
1535 of the European Parliament and of the Council of 9
September 2015 laying down a procedure for the provision of
information in the field of technical regulations and of rules on
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Information Society services;
"durable medium" means any instrument which enables the
consumer or the trader to store information addressed personally
to him in a way which is accessible for future reference for a
period of time for the purposes of such information and which
allows the unchanged reproduction of the information stored;
"enhanced digital television equipment" means set-top
boxes intended for connection to television sets or integrated
digital television sets, able to receive digital interactive
television services; 
"ENISA" means the European Union Agency for Network
and Information Security; 
"gateway operator" means an undertaking providing or
authorised to provide a public electronic communications
network and, or publicly available electronic communications
services which includes a submarine connection between the
Maltese islands and, or includes an international connection
between Malta and other countries;
"geographic number" means a number from the national
numbering plan where part of its digit structure contains
geographic significance used for routing calls to the physical
location of the network termination point;
"ICNIRP" means the International Commission on Non-
Ionising Radiation Protection;
"most appropriate PSAP" means a PSAP established by
responsible authorities to cover emergency communications
from a certain area or for emergency communications of a
certain type;
"number-independent interpersonal communications
service" means an interpersonal communications service
which does not connect with publicly assigned numbering
resources, namely, a number or numbers in national or
international numbering plans, or which does not enable
communication with a number or numbers in national or
international numbering plans;
"non-geographic number" means a number from the
national numbering plan that is not a geographic number, such as
mobile, freephone and premium-rate numbers; 
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"other electronic communications services" include:
(i) services consisting wholly or mainly in the
conveyance of signals such as transmission services for the
provision of machine-to-machine (M2M) or Internet of
Things (IoT);
(ii) number-based interpersonal non-voice
communications services;
(iii) publicly available telephone directories and
directory enquiry services;
(iv) other publicly available electronic
communications services; and
(v) non-publicly available electronic
communications services.
"provision of an electronic communications network"
means the establishment, operation, control or making available
of such a network;
"radio local area network" or "RLAN" means a low-
power wireless access system, operating within a small range,
with a low risk of interference with other such systems
deployed in close proximity by other users, using, on a non-
exclusive basis, harmonised radio spectrum;
"Recommendation 1999/519/EC" means Council
Recommendation of 12 July 1999 on the limitation of exposure
of the general public to electromagnetic fields (0 Hz to 300
GHz);
"Regulation (EU) No 1315/2013" means Regulation (EU)
No 1315/2013 of the European Parliament and of the Council of
11 December 2013 on European Union guidelines for the
development of the trans-European transport network and
repealing Decision No 661/2010/EU;
"Regulation (EU) 2016/679" means Regulation (EU) 2016/
679 of the European Parliament and of the Council of 27 April
2016 on the protection of natural persons with regard to the
processing of personal data and on the free movement of such
data, and repealing Directive 95/46/EC (General Data Protection
Regulation);
"Regulation (EU) 2018/1971" means Regulation (EU)
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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), amending Regulation
(EU) 2015/2120 and repealing Regulation (EC) No 1211/2009;
"security incident" means an event having an actual adverse
effect on the security of electronic communications networks
and, or services; 
"small-area wireless access point" means low-power
wireless network access equipment of a small size operating
within a small range, using licensed radio spectrum or licence-
exempt radio spectrum or a combination thereof, which may
be used as part of a public electronic communications network,
which may be equipped with one or more low visual impact
antennae, and which allows wireless access by users to
electronic communications networks regardless of the
underlying network topology, be it mobile or fixed;
"subscriber" means any person who is party to a contract
with the provider of publicly available electronic
communications services for the supply of such services;
"television and radio distribution services" means the
delivery of television and, or radio broadcasts or other television
services to a subscriber through an electronic communications
network;
"total conversation service" means a multimedia real time
conversation service that provides bidirectional symmetric real
time transfer of motion video, real time text and voice between
users in two or more locations;
"transnational markets" means markets identified in
accordance with regulation 53 which cover the European Union
or a substantial part thereof located in more than one Member
State; and
"TFEU" means the Treaty on the Functioning of the
European Union.".
Application. 3.(1) These regulations shall, unless the context otherwise
requires, apply to: 
(a) public electronic communications networks;
(b) voice communications services;
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(c) internet access services;
(d) television and radio distribution services; and
(e) other electronic communications services.
(2) Any person providing any of the services or operating any
of the networks mentioned in this regulation shall comply with these
regulations.
PART II
COMPETITION
Competition 
rules.4.(1) An undertaking shall refrain from doing anything by an
act or omission, which has the effect or the intention of preventing,
restricting or distorting competition. 
(2) The Authority shall, to the extent that it shall be empowered
under the laws that it is entitled to enforce, ensure that the principles of
competition law are fully adhered to in the electronic communications
sector, in particular with regard to: 
(a) the examination of any interconnection agreements;
(b) the conditions for market access to undertakings;
(c) the schemes established for funding universal service
obligations;
(d) the access to rights of way;
(e) the cross-ownership of different networks and the
joint provision of networks and, or services; and
(f) the emergence of any global and regional
partnerships and alliances:
Provided that for the purpose of exercising its duties and
functions under the Act, the Authority may seek the advice of the
competent authority responsible for competition.
PART III
GENERAL AUTHORISATION
General 
authorisation of 
electronic 
communications 
networks and 
services.5.(1) An undertaking shall be entitled to provide electronic
communications services and, or networks, in accordance with the Act
and with these regulations: 
Provided that an undertaking shall only be prevented from
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providing electronic communications networks or services, where this
is necessary for the reasons set out in Article 52(1) of the TFEU. Any
such limitation to the freedom to provide electronic communications
networks and services shall be duly reasoned and shall be notified to
the European Commission.
(2) The provision of electronic communications networks or
services, other than number-independent interpersonal
communications services shall, without prejudice to the specific
obligations referred to in regulation 7(2) or rights of use referred to in
article 37 of the Act and regulation 81, be subject only to a general
authorisation.
(3) In accordance with the Act and these regulations, any
undertaking subject to a general authorisation as stated in
subregulation (2) shall notify the Authority in writing of its intention
to provide such a network or service before commencing with the
provision of any such network or service.
(4) An undertaking in submitting a notification for a general
authorisation to the Authority, shall not be required to obtain an
explicit decision or any other administrative act from any public
authority before exercising the rights derived from the general
authorisation. Upon notification to the Authority, an undertaking may
start the activity so notified, where necessary subject to the provisions
on the rights of use under the Act and these regulations. 
(5) The notification submitted in accordance with this regulation
shall not entail more than a declaration by a person to the Authority of
his intention to start the provision of electronic communications
networks and, or services, and the submission of such minimum
information as is required to allow the Authority and BEREC to keep a
register of providers of electronic communications networks and, or
services: 
Provided that the information shall be limited to:
(a) the name of the provider;
(b) the legal status of the provider, its form and
registration number;
(c) the official address for service of notice in Malta, and
the geographical address of the main establishment of the
provider in Malta or any other Member State , as the case may be;
(d) the website address of the provider, where applicable,
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associated with the provision of electronic communications
networks and, or services;
(e) a contact person and contact details;
(f) a short description of the networks and, or services
intended to be provided; 
(g) the Member State or Member States where the
networks and, or services are being provided; and
(h) an estimated date for starting the activity.
(6) No additional or separate notification requirements shall be
imposed other than those required under this regulation. 
(7) In line with any guidelines for the notification template and
maintenance of a European Union database of the notifications
transmitted to the competent authorities in all Member States that
BEREC may publish in order to approximate notification
requirements, the Authority shall, by electronic means, forward each
notification received to BEREC without undue delay. 
(8) An undertaking shall notify in writing the Authority of any
changes to the information supplied under sub -regulation (5)(a) to (e)
within fourteen (14) days of such change, and in relation to the
information referred to in sub -regulation (5)(f) to (h) within fourteen
(14) days prior to the commencement of the relevant activity. 
(9) An undertaking shall notify in writing the Authority
immediately when it ceases to provide any electronic communications
networks and, or services under these regulations, and shall remain
responsible for the fulfilment of any obligations as a provider of such
networks and, or services until such notification is received and
acknowledged by the Authority: 
Provided that the Authority may specify any such additional
requirements onerous on the undertaking concerned as the Authority
considers necessary in order to ensure the protection of end-users and,
or to prevent any disruption to other authorised undertakings. 
(10) Any right, interest or entitlement resulting from a general
authorisation is not transferable and shall only be exercised by the
undertaking identified in the notification made to the Authority in
accordance with the provisions of this regulation, and shall apply only
to the electronic communications service and, or network described in
that notification. 
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Decision where 
notification 
under regulation 
5 is not 
required.6. (1)  The Authority may decide to specify an electronic
communications network or service of a particular category as being a
network or service in relation to which an undertaking is not subject to
the notification requirements as provided for in regulation 5. Any such
undertaking is deemed to be authorised under these regulations.
(2) The Authority in making such determination shall give its
reasons therefor.
Conditions 
attached to the 
general 
authorisation 
and to the rights 
of use for radio 
spectrum and 
for numbering 
resources and 
specific 
obligations.7.(1)  The general authorisation for the provision of electronic
communications networks and, or services, and the rights of use for
radio spectrum and rights of use for numbering resources may be
subject only to the conditions listed in the First Schedule which
conditions shall be non-discriminatory, proportionate and transparent: 
Provided that in the case of rights of use for radio spectrum,
such conditions shall ensure the effective and efficient use thereof and
shall be in accordance with regulations 32 and 38, and in the case of
rights of use for numbering resources, they shall be in accordance with
regulation 81.
(2) Specific obligations which may be imposed on undertakings
providing electronic communications networks and, or services under
regulation 48(1) and (8) and regulations 50, 55 and 70, or on those
undertakings designated to provide universal service under these
regulations, shall be legally separate from the rights and obligations
under the general authorisation: 
Provided that the Authority, in order to achieve transparency,
shall refer to the criteria and procedures for imposing such specific
obligations on individual undertakings in the general authorisation.
(3) The general authorisation shall contain only conditions which
are specific for that sector and are set out in Parts A, B and C of the
First Schedule and shall not duplicate conditions which are applicable
to undertakings by virtue of any other national law.
(4) The conditions of the general authorisation shall not be
duplicated where they grant the right of use for radio spectrum or for
numbering resources.
Conditions 
attached to 
general 
authorisation to 
provide 
electronic 
communications 
services and, or 
networks. 8. (1) The conditions applicable to general authorisations shall
be those as stated in the Thirteenth Schedule: 
Provided that the Authority may in accordance with
regulation 7 amend the Thirteenth Schedule. In doing so the Authority
shall not impose any conditions not listed under Part A of the First
Schedule: 
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Provided further that , the Authority may establish that certain
conditions may not apply to such categories of undertakings as may be
specified by the Authority. 
(2) Any conditions attached to a general authorisation, or non-
application of conditions to such categories of undertakings as may be
specified under sub-regulation (1), shall be objectively justified, non-
discriminatory, proportionate and transparent in relation to the
electronic communications network or service concerned. 
(3) An undertaking shall comply with the conditions attached to
the general authorisation applicable to it. 
(4) The Authority shall not attach as a condition to a general
authorisation, any specific obligations that it may impose on an
undertaking nor any conditions which are applicable to undertakings
by virtue of any other law. 
Non-compliance 
with conditions 
of general 
authorisation.
Cap. 418.9. If the Authority considers that an undertaking which enjoys a
general authorisation is not complying with one or more conditions of
a general authorisation, the Authority may in accordance with the
applicable provisions under Part VI of the Malta Communications
Authority Act, take such measures as it considers appropriate,
including interim measures, to ensure compliance.
Declarations to 
facilitate the 
exercise of 
rights to install 
facilities and 
rights of 
interconnection.10. (1) The Authority shall, within one week of the receipt of a
request of an undertaking, issue to that undertaking in such form as the
Authority may from time to time determine, a standardised declaration
confirming, where applicable, that the undertaking has submitted a
notification under regulation 5(3).
(2) When issuing a declaration under this regulation, the
Authority shall detail the circumstances under which an undertaking
providing electronic communications networks and, or services under
the general authorisation has the right to apply for rights to install
facilities, negotiate interconnection, and obtain access or
interconnection, in order to facilitate the exercise of those rights. 
(3) Where the Authority considers it appropriate to do so, it may
issue such a declaration as an automatic reply following the
notification pursuant to regulation 5(3).
(4) The Authority shall establish and maintain a register of those
undertakings that have notified the Authority of an intention to provide
a network or service pursuant to regulation 5(3) and such information
contained in any such notification as the Authority considers
appropriate, other than information which the Authority reasonably
considers to be confidential, shall be entered in the register established
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and maintained under this sub -regulation:
Provided that the Authority may, as necessary, amend or
delete an entry in the register. 
(5) A person may inspect the register free of charge at all
reasonable times and may, at a reasonable charge to be determined by
the Authority, make copies of, or take extracts from, entries in the
register. 
List of 
minimum rights  
derived from the 
general 
authorisation.
Cap. 81.11. (1) An undertaking subject to the general authorisation
pursuant to regulation 5 shall have the right to:
(a) provide electronic communications networks and
services;
(b) have its application for the necessary rights to install
facilities considered in accordance with articles 4 and 4D of the
Utilities and Services (Regulation of Certain Works) Act;
(c) use, subject to regulations 7 and 42, and article 37 of
the Act, radio spectrum in relation to electronic communications
networks and, or services; and
(d) have its application for the necessary rights of use for
numbering resources considered in accordance with regulation
81.
(2) Where such an undertaking is providing electronic
communications networks or services to the public, the general
authorisation shall give it the right to:
(a) negotiate interconnection with and, where applicable,
obtain access to, or interconnection from, other providers of
public electronic communications networks or publicly available
electronic communications services covered by a general
authorisation in the European Union in accordance with the Act
and these regulations; and
(b) be given an opportunity to be designated to provide
different elements of the universal service or to cover different
parts of Malta in accordance with regulations 73 or 74.
Administrative 
charges.12. (1)  Any administrative charges imposed by the Authority
on undertakings providing electronic communications networks or
services under the general authorisation or to which a right of use has
been granted, shall:
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(a) cover, in total, only the administrative costs incurred
in the management, control and enforcement of the general
authorisation system and of the rights of use and of specific
obligations as referred to in regulation 7(2) which may include
costs for international cooperation, harmonisation and
standardisation, market analysis, monitoring compliance and
other market control, as well as regulatory work involving
preparation and enforcement of legislation and regulatory
decisions; and
(b) be imposed upon the individual undertaking in an
objective, transparent and proportionate manner which
minimises additional administrative costs and associated
charges.
(2) The Authority shall publish an annual overview of its
administrative costs and of the total sum of the charges collected.
Where there is a difference between the total sum of the charges and
the administrative costs, appropriate adjustments shall be made. 
(3) The Authority shall, in the case of charges imposed on an
annual basis, make appropriate repayments or compensation in the
case of overcharging, or impose additional charges in the case of
undercharging of an undertaking to whom a charge is imposed in the
light of any difference between the total sum of administrative charges
collected and the administrative costs incurred.
(4) An undertaking providing electronic communications
networks and, or services under the general authorisation shall pay to
the Authority such administrative charges as are established under Part
A of the Twelfth Schedule: 
Provided that in all cases, any such charges shall be
established in accordance with this regulation.
Accounting 
separation and 
financial 
reports.13.(1) An undertaking providing public electronic
communications networks or publicly available electronic
communications services which has special or exclusive rights for the
provision of services in other sectors in Malta or in another Member
State, shall:
(a) keep separate accounts for the activities associated
with the provision of electronic communications networks or
services, to the extent that would be required if those activities
were carried out by legally independent entities, in order to
identify all elements of cost and revenue, with the basis of their
calculation and the detailed attribution methods used, related to
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such activities, including an itemised breakdown of fixed assets
and structural costs; or
(b) have structural separation for the activities associated
with the provision of electronic communications networks or
services:
Provided that the Minister may, after consultation with the
Authority, by order in the Gazette establish that the requirements
referred to in this sub-regulation do not apply to undertakings which
have an annual turnover of less than fifty million euro (€50,000,000)
or any such inferior amount as the Minister may, after consultation
with the Authority, establish in the Gazette in activities associated with
electronic communications networks and, or services in the European
Union.
(2) Where an undertaking providing public electronic
communications networks or publicly available electronic
communications services is not subject to the requirements of national
company law and does not satisfy the small and medium-sized
enterprise criteria of European Union law accounting rules, its
financial reports shall be drawn up and submitted to independent audit
and published. The audit shall be carried out in accordance with the
relevant European Union and national rules: 
Provided that the provisions of this sub-regulation shall also
apply to the separate accounts required under paragraph (a) of the
subregulation (1) of this regulation.
Restriction or 
withdrawal of 
rights. 
Cap. 418.14. (1)  Without prejudice to regulation 20 and articles 31, 32
and 33 of the Malta Communications Authority Act, the rights to
install facilities or rights of use for radio spectrum or for numbering
resources before the expiry of the period for which they are granted,
shall not be restricted or withdrawn, except where justified pursuant to
sub-regulation (2) of this regulation, and, where applicable, in
accordance with the First Schedule, and to any relevant national
provisions regarding compensation for the withdrawal of rights. 
(2) In line with the need to ensure the effective and efficient use
of radio spectrum, or the implementation of the technical
implementing measures adopted under Article 4 of Decision No 676/
2002/EC, the Authority may restrict or withdraw the rights of use for
radio spectrum, including the rights referred to in regulation 36, based
on pre-established and clearly defined procedures which the Authority
shall from time to time establish, in accordance with the principles of
proportionality and non-discrimination: 
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Provided that in such cases, the holders of the rights may,
where appropriate and in accordance with European Union law and
national law, seek to be compensated appropriately.
(3) A modification in the use of radio spectrum as a result of the
application of regulation 32(3) and (4) or of regulation 32(5) and (6)
shall not alone constitute grounds to justify the withdrawal of a right of
use for radio spectrum.
Cap. 418. (4) Any intention to restrict or withdraw rights under the general
authorisation or individual rights of use for radio spectrum or for
numbering resources without the consent of the holder of the rights
shall be subject to consultation of the interested parties in accordance
with article 4A of the Malta Communications Authority Act. 
PART IV
PROVISION OF INFORMATION, SURVEYS AND 
CONSULTATION MECHANISM
Information 
request to 
undertakings.15.(1)  The Authority may require undertakings providing
electronic communications networks and services, associated
facilities, or associated services, to provide all the information,
including financial information, necessary for the Authority and
BEREC to ensure conformity with the provisions of, or decisions or
opinions adopted in accordance with, the Electronic Communications
Code, the Act, these regulations and Regulation (EU) 2018/1971:
Provided that the Authority shall have the power to require
such undertakings to submit information concerning future network or
service developments that could have an impact on the wholesale
services that they make available to competitors, as well as any
information on electronic communications networks and associated
facilities, which is disaggregated at local level and sufficiently detailed
to enable the geographical survey and designation of areas in
accordance with regulation 17.
(2) If the Authority considers that the information collected in
accordance with sub-regulation (1) is insufficient for the Authority
and, or BEREC to carry out their regulatory tasks under European
Union law, the Act or these regulations, such information may be
required from other relevant undertakings active in the electronic
communications or closely related sectors. 
(3) The Authority may require undertakings designated as having
significant market power on wholesale markets to submit accounting
data on the retail markets that are associated with those wholesale
markets. 
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(4) The Authority may request information pursuant to any of its
regulatory tasks at law from the single information points established
pursuant to Directive 2014/61/EU.
(5) Any request for information made in accordance with this
regulation shall be proportionate to the performance of the task being
undertaken by the Authority, or BEREC as the case may be, and shall
be reasoned. 
(6) An undertaking shall provide any information requested in
accordance with this regulation, promptly and in accordance with the
timescales and level of detail required by the Authority.
(7) The Authority shall provide the European Commission, after
a reasoned request, with the information necessary for the European
Commission to carry out its tasks under the TFEU. The information
requested by the European Commission shall be proportionate to the
performance of those tasks: 
Provided that where the information provided refers to
information previously provided by undertakings at the request of the
Authority, such undertakings shall be informed accordingly by the
Authority: 
Provided further to the extent necessary and unless the
Authority has made an explicit and reasoned request to the contrary,
the European Commission shall make the information provided
available to any other such authority in another Member State.
(8) Subject to the requirements of sub-regulation (9), the
Authority shall ensure that the information submitted to it can be made
available to another such authority in Malta or in another Member
State and to BEREC, after a substantiated request, where necessary to
allow either authority, or BEREC, to fulfil its responsibilities under
European Union law.
(9) Where information gathered pursuant to sub-regulation (1),
including information gathered in the context of a geographical survey,
is considered to be confidential by the Authority in accordance with
European Union and national rules on commercial confidentiality, the
European Commission, BEREC and any other competent authorities
concerned shall ensure such confidentiality: 
Provided that such confidentiality shall not prevent the
sharing of information between the Authority, the Commission,
BEREC and any other competent authorities concerned in a timely
manner for the purposes of reviewing, monitoring and supervising the
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application of the Electronic Communications Code, the Act and these
regulations.
(10) Acting in accordance with national rules on public access to
information and subject to European Union and national rules on
commercial confidentiality and protection of personal data, the
Authority shall publish information that contributes to an open and
competitive market: 
Provided that in doing so the Authority shall also publish the
terms of public access to such information including the procedures for
obtaining such access. 
Information 
required with 
regard to the 
general 
authorisation, 
rights of use and 
specific 
obligations.16.(1) Without prejudice to any information requested pursuant
to regulation 15 and to information and reporting obligations under
national law other than the general authorisation, the Authority may
require undertakings to provide information with regard to the general
authorisation, the rights of use or the specific obligations referred to in
regulation 7(2), which is proportionate and objectively justified in
particular for the purposes of:
(a) verifying, on a systematic or case-by-case basis,
compliance with condition 1 of Part A, conditions 2 and 6 of Part
D, and conditions 2 and 7 of Part E of the First Schedule and of
compliance with obligations as referred to in regulation 7(2) and
in the Thirteenth Schedule;
(b) verifying, on a case-by-case basis, compliance with
conditions as set out in the First Schedule and in the Thirteenth
Schedule where a complaint has been received, or where the
Authority has other reasons to believe that a condition is not
complied with, or in the case of an investigation by the Authority
of its own initiative; 
(c) carrying out procedures for and the assessment of
requests for granting rights of use;
(d) publishing comparative overviews of quality and
price of services for the benefit of consumers;
(e) collating clearly defined statistics, reports or studies; 
(f) carrying out market analyses for the purposes of the
Electronic Communications Code, the Act and these regulations
including data on the downstream or retail markets associated
with or related to the markets which are the subject of the market
analysis;
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(g) safeguarding the efficient use and ensuring the
effective management of radio spectrum and of numbering
resources;
(h) evaluating future network or service developments
that could have an impact on wholesale services made available
to competitors, on territorial coverage, on connectivity available
to end-users or on the designation of areas pursuant to regulation
17; 
(i) conducting geographical surveys; and
(j) responding to reasoned requests for information by
BEREC:
Provided that the information referred to in paragraphs (a) and
(b), and (d) to (j) shall not be required prior to, or as a condition for,
market access.
(2) As regards the rights of use for radio spectrum, the
information referred to in sub-regulation (1) shall refer in particular to
the effective and efficient use of radio spectrum as well as to
compliance with any coverage and quality of service obligations
attached to the rights of use for radio spectrum and their verification.
(3) Where the Authority requires an undertaking to provide
information as referred to in sub-regulation (1) it shall inform that
undertaking of the specific purpose for which this information is to be
used.
(4) The Authority shall not duplicate requests of information
already made by BEREC pursuant to Article 40 of Regulation (EU)
2018/1971 where BEREC has made the information received available
to the Authority.
Geographical 
surveys of 
network 
deployments.17. (1) The Authority shall be responsible for the conduct of a
geographical survey of the reach of electronic communications
networks capable of delivering broadband (‘broadband networks’) by
21 December 2023, and shall update it at least every three years
thereafter. 
(2) The geographical survey referred to in subregulation (1) shall
include a survey of the current geographic reach of broadband
networks within Malta, as required for the tasks of the Authority and,
or other competent authorities under the Act, these regulations or any
other applicable law, and for the surveys required for the application of
State aid rules. 
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(3) In undertaking a geographical survey in accordance with this
regulation, the Authority may also decide to include in the
geographical survey, a forecast for a period determined by it of the
reach of broadband networks, including very high capacity networks,
within Malta: 
Provided that such forecast shall include all relevant
information, including information on planned deployments by any
undertaking or public authority, of very high capacity networks and
significant upgrades or extensions of networks to at least 100 Mbps
download speeds. For this purpose, the Authority shall request
undertakings and other public authorities to provide such information
to the extent that it is available and can be provided with reasonable
effort.
(4) The Authority shall decide, with respect to tasks specifically
attributed to it under the Act and these regulations, the extent to which
it is appropriate to rely on all or part of the information gathered in the
context of a forecast undertaken in accordance with this regulation. 
(5) The information collected in the geographical survey shall be
at an appropriate level of detail and shall include sufficient
information on the quality of service and relative parameters and shall
be treated in accordance with regulation 15(9).
(6) The Authority may designate an area with clear territorial
boundaries where, on the basis of the information gathered and any
forecast prepared pursuant to sub-regulation (3), the Authority
determines that, for the duration of the relevant forecast period, no
undertaking or public authority has deployed or is planning to deploy a
very high capacity network or significantly upgrade or to extend its
network to a performance of at least 100 Mbps download speeds. In  so
doing  the Authority shall publish the designated areas on its website. 
(7) Within a designated area, the Authority may invite
undertakings and public authorities to declare their intention to deploy
very high capacity networks over the duration of the relevant forecast
period. Where this invitation results in a declaration by an undertaking
or public authority of its intention to do so, the Authority may require
other undertakings and public authorities to declare any intention to
deploy very high capacity networks, or significantly upgrade or extend
its network to a performance of at least 100 Mbps download speeds in
this area:
Provided that the Authority shall specify the information to be
included in any such submissions made in accordance with this
regulation, in order to ensure at least a similar level of detail as that
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taken into consideration in any forecast pursuant to sub-regulation (3): 
Provided further that in so doing,  the Authority shall also
inform any undertaking or public authority expressing its interest as to
whether the designated area is covered or likely to be covered by a
next-generation access network offering download speeds below 100
Mbps on the basis of the information gathered pursuant to this
regulation.
(8) The Authority shall only impose sanctions in the context of
the procedure referred to in sub-regulation (7) where an undertaking or
public authority knowingly or due to gross negligence provides
misleading, erroneous or incomplete information: 
Provided that when determining the amount of fines including
where applicable of daily fines to be imposed in such instances, the
Authority shall consider inter alia , whether the behaviour of the
undertaking or public authority has had a negative impact on
competition and, in particular, whether, contrary to the information
originally provided or any update thereof, the undertaking or public
authority either has deployed, extended or upgraded a network, or has
not deployed a network and has failed to provide an objective
justification for that change of plan. 
(9) Measures pursuant to this regulation shall be taken in
accordance with an efficient, objective, transparent and non-
discriminatory procedure, whereby no undertaking is excluded a
priori. 
(10) The Authority in defining coverage obligations attached to
rights of use for radio spectrum and for verifying availability of
services falling within the universal service obligations in Malta, shall
take into account the results of the geographical survey and of any
designated areas pursuant to this regulation. 
(11) The competent authorities including where applicable local or
regional authorities with responsibility for the allocation of public
funds for the deployment of electronic communications networks and
for the design of national broadband plans shall take into account the
results of the geographical survey and of any designated areas pursuant
to this regulation. 
(12) When conducting the geographical survey the Authority shall
supply those results to other relevant authorities subject to the
receiving authority ensuring the same level of confidentiality and
protection of business secrets as the Authority, and shall inform the
parties which provided the information accordingly. Those results
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shall also be made available to BEREC and the European Commission
upon their request and under the same conditions. 
(13) If the relevant information is not available on the market, the
Authority shall make the data from the geographical surveys which are
not subject to commercial confidentiality, directly accessible in
accordance with Directive 2003/98/EC to allow for its reuse: 
Provided that the Authority shall also, where information
tools enabling end-users to determine the availability of connectivity
in different areas are not available on the market, make available such
tools ensuring that these include a level of detail which is useful to
support the choice of operator or service provider of the end-user.
Consultation 
and 
transparency 
mechanism.
Cap. 41818. The provisions under article 4A of the Malta Communications
Authority Act shall also apply where the Authority intends to provide
for restrictions in accordance with regulation 32(3), (4), (5) and (6),
which have a significant impact in a market for any communications
networks or services:
Provided that for the purposes of regulation 23, the Authority
shall inform the RSPG at the moment of publication about any such
proposed decision which falls within the scope of the comparative or
competitive selection procedure pursuant to regulation 42(2) and (3)
and relates to the use of radio spectrum for which harmonised
conditions have been set by technical implementing measures in
accordance with Decision No 676/2002/EC in order to enable its use
for wireless broadband electronic communications networks and
services. 
Radio Spectrum 
Coordination 
among Member 
States.19. (1)  The Authority shall ensure that the use of radio
spectrum is organised in Malta in a way that no other Member State is
prevented from allowing on the territory of that Member State the use
of harmonised radio spectrum in accordance with European Union law,
especially due to cross-border harmful interference between Malta and
any another Member State or Member States: 
Provided that the Authority shall take all necessary measures
to this effect without prejudice to the obligations of Malta under
international law and relevant international agreements such as the
ITU Radio Regulations and the ITU Radio Regional Agreements.
(2) The Authority shall cooperate with other Member States, and
where appropriate through the RSPG, in the cross-border coordination
of the use of radio spectrum in order to:
(a) ensure compliance with sub-regulation (1); or 
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(b) resolve any problem or dispute in relation to cross-
border coordination or cross-border harmful interference
between Malta and other Member States, as well as with third
countries, which prevent Malta and, or other Member States
from using the harmonised radio spectrum in their territory.
(3)In order to ensure compliance with sub-regulation (1), the
Authority, in consultation with the Minister, may request the RSPG to
use its good offices to address any problem or dispute in relation to
cross-border coordination or cross-border harmful interference. 
(4)Where the actions referred to in sub-regulations (2) or (3)
have not resolved the problem or dispute, the Authority, in
consultation with the Minister, may request the European Commission
to adopt decisions to resolve cross-border harmful interference which
prevent Malta from using the harmonised radio spectrum in its
territory.
(5)The Authority, in consultation with the Minister, may request
the European Union to provide legal, political and technical support to
resolve radio spectrum coordination issues with countries
neighbouring the European Union, including candidate and acceding
countries, in such a way that Malta can observe its obligations under
European Union law. 
PART V
IMPLEMENTATION
Compliance 
with the 
conditions of 
the general 
authorisation or 
of rights of use 
for radio 
spectrum and 
for numbering 
resources and 
compliance with 
specific 
obligations.
Cap. 418.20. Without prejudice to the generality of its powers under the
Act and under the Malta Communications Authority Act, the
Authority: 
(a) shall monitor and supervise compliance with the
conditions of the general authorisation, of the rights of use for
radio spectrum, and for numbering resources, with the specific
obligations referred to in regulation 7(2) and with the obligation
to use radio spectrum effectively and efficiently in accordance
with articles 4A and 38 of the Act and with regulation 33; and 
(b) may require undertakings subject to a general
authorisation or benefiting from rights of use for radio spectrum
or for numbering resources to provide all information necessary
to verify compliance with the conditions of the general
authorisation or of rights of use for radio spectrum and for
numbering resources or with the specific obligations referred to
in regulation 7(2) or regulation 33, in accordance with regulation
16.
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PART VI
INTERNAL MARKET PROCEDURES
Consolidating 
the internal 
market for 
electronic 
communicat-
ions. 21. (1) Except where otherwise provided in any
recommendations or guidelines adopted pursuant to article 34 of the
Electronic Communications Code, upon completion of the public
consultation, if required under regulation 18, where the Authority
intends to take a measure which:
(a) falls within the scope of regulations 48, 52, 54, 55 or
70; and
(b) would affect trade between Malta and other Member
States,
the Authority shall publish the draft measure and
communicate it to the European Commission, to BEREC, and to the
national regulatory authorities in other Member States at the same
time, and in doing so shall state the reasons for the measure in
accordance with regulation 15(9): 
Provided that the aforesaid national regulatory authorities,
BEREC and the European Commission may comment on that draft
measure within one month from receipt of the draft measure, which
period shall not be extended.
(2) The draft measure referred to in sub -regulation (1) shall not
be adopted for a further two months, where that measure aims to:
(a) define a relevant market which is different from those
defined in the recommendation referred to in Article 64(1) of the
Electronic Communications Code; or
(b) decide whether or not to designate an undertaking as
having, either individually or jointly with others, significant
market power, under regulation 54(6) and (7) or (8);
and the draft measure would affect trade between Malta and other
Member States, and the European Commission has indicated to the
Authority that it considers that the draft measure would create a barrier
to the internal market or that it has serious doubts as to its
compatibility with European Union law and in particular with the
objectives referred to in article 4 of the Act: 
Provided that the two-month period shall not be extended: 
Provided further that , the European Commission shall inform
BEREC and the Authority of its reservations in such a case and
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simultaneously make them public.
(3) BEREC shall publish an opinion on the reservations of the
European Commission referred to in sub -regulation (2), indicating
whether it considers that the draft measure should be maintained,
amended or withdrawn and shall, where appropriate, provide specific
proposals to that end.
(4) Within the two month period referred to in sub -regulation (2),
the European Commission may either:
(a) take a decision requiring the Authority to withdraw
the draft measure; or
(b) take a decision to lift its reservations referred to in
sub-regulation (2):
Provided that the European Commission shall take utmost
account of the opinion of BEREC before taking a decision: 
Provided further that decisions referred to in paragraph (a)
shall be accompanied by a detailed and objective analysis of why the
European Commission considers that the draft measure is not to be
adopted, together with specific proposals for amending it.
(5) Where the European Commission has adopted a decision in
accordance with paragraph (a) of sub -regulation (4) requiring the
Authority to withdraw a draft measure, the Authority shall amend or
withdraw the draft measure within six months of the date of the
decision of the European Commission: 
Cap. 418. Provided that where the draft measure is amended, the
Authority shall undertake a public consultation in accordance with
article 4A of the Malta Communications Authority Act, and shall
notify the amended draft measure to the European Commission in
accordance with sub -regulation (1). 
(6) The Authority shall take the utmost account of comments of
the other national regulatory authorities, of BEREC and of the
European Commission and may, except in the cases covered by sub -
regulation (2) and by paragraph (a) of sub -regulation (4), adopt the
resulting draft measure and shall, where it does so, communicate it to
the European Commission.
(7) The Authority shall communicate to the European
Commission and to BEREC all adopted final measures which fall
under sub- regulation (1).
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(8) In exceptional circumstances, where the Authority considers
that there is an urgent need to act, in order to safeguard competition
and protect the interests of users, by way of derogation from the
procedure set out in sub -regulations (1) and (2), it may immediately
adopt proportionate and provisional measures: 
Provided that in doing so the Authority shall, without delay,
communicate those measures, with its full reasons therefor, to the
European Commission, to the other national regulatory authorities, and
to BEREC: 
Provided further that , a decision of the Authority to render
such measures permanent or extend the period for which they are
applicable shall be subject to sub-regulations (1) and (2).
(9) The Authority may withdraw a draft measure made in
accordance with this regulation at any time.
Procedure for 
the consistent 
application of 
remedies.22. (1)  Where an intended measure covered by regulation
21(1) aims to impose, amend or withdraw an obligation on an
undertaking according to regulations 48 or 54 in conjunction with
regulations 56 to 63 and regulation 70, the European Commission may,
within the one month period referred to in regulation 21(1), notify the
Authority and BEREC of its reasons for considering that the draft
measure would create a barrier to the internal market or of its serious
doubts as to its compatibility with European Union law. In such a case,
the draft measure shall not be adopted for a further three months
following the notification by the European Commission: 
Provided that in the absence of such notification, the
Authority may adopt the draft measure, taking utmost account of any
comments made by the European Commission, BEREC or any other
national regulatory authority.
(2) Within the three month period referred to in sub-regulation
(1), the European Commission, BEREC and the Authority shall
cooperate closely to identify the most appropriate and effective
measure in light of the objectives laid down in article 4 of the Act,
whilst taking due account of the views of market participants and the
need to ensure the development of consistent regulatory practice.
(3) Within six weeks from the beginning of the three month
period referred to in sub-regulation (1), BEREC shall issue an opinion
on the notification by the European Commission referred to in sub-
regulation (1), indicating whether it considers that the draft measure
should be amended or withdrawn and, where appropriate, provide
specific proposals to that end. In that opinion reasons therefor shall be
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provided and shall be made public.
(4) If in its opinion, BEREC shares the serious doubts of the
European Commission, BEREC shall cooperate closely with the
Authority to identify the most appropriate and effective measure.
Before the end of the three month period referred to in subregulation
(1), the Authority may either:
(a) amend or withdraw its draft measure taking utmost
account of the notification by the European Commission referred
to in sub-regulation (1) and of the opinion of BEREC; or
(b) maintain its draft measure.
(5) The European Commission may, within one month following
the end of the three month period referred to in sub -regulation (1) and
taking utmost account of the opinion of BEREC, if any:
(a) issue a recommendation requiring the Authority to
amend or withdraw the draft measure, including specific
proposals to that end and providing reasons for its
recommendation, in particular where BEREC does not share the
serious doubts of the Commission; 
(b) take a decision to lift its reservations indicated in
accordance with sub-regulation (1); or
(c) for draft measures falling under regulations 48(4) or
63(3), take a decision requiring the Authority to withdraw the
draft measure, where BEREC shares the serious doubts of the
European Commission, accompanied by a detailed and objective
analysis of why the European Commission considers that the
draft measure should not be adopted, together with specific
proposals for amending the draft measure, subject to the
procedure referred to in regulation 21(5), which shall apply
mutatis mutandis .
(6) Within one month of the European Commission issuing the
recommendation in accordance with paragraph (a) of sub-regulation
(5) or lifting its reservations in accordance with paragraph (b) of
subregulation (5), the Authority shall communicate to the European
Commission and to BEREC the adopted final measure: 
Cap. 418. Provided that such period may be extended to allow the
Authority to undertake a public consultation in accordance with article
4A of the Malta Communications Authority Act.
(7) Where the Authority decides not to amend or withdraw the
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draft measure on the basis of the recommendation issued under
paragraph (a) of sub-regulation (5), it shall give its reasons therefor.
(8) The Authority may withdraw the proposed draft measure at
any stage of the procedure.
Peer review 
process.23.(1) Where the Authority intends to undertake a selection
procedure in accordance with regulation 42(2) and (3) in relation to
radio spectrum for which harmonised conditions have been set by
technical implementing measures in accordance with Decision No
676/2002/EC in order to enable its use for wireless broadband
networks and services, it shall, pursuant to article 23 of the Electronic
Communications Code, inform the RSPG about any draft measure
which falls within the scope of the comparative or competitive
selection procedure pursuant to regulation 42(2) and (3) and indicate
whether and when it shall request the RSPG to convene a Peer Review
Forum.
(2) When the RSPG convenes a peer Review Forum, the
Authority shall provide an explanation on how the draft measure:
(a) promotes the development of the internal market, the
cross-border provision of services, as well as competition, and
maximises the benefits for the consumer, and overall achieves
the objectives set in articles 4 and 37 of the Act, regulations 32
and 33, as well as in Decisions No 676/2002/EC and No 243/
2012/EU; 
(b) ensures effective and efficient use of radio spectrum;
and
(c) ensures stable and predictable investment conditions
for existing and prospective radio spectrum users when
deploying networks for the provision of electronic
communications services which rely on radio spectrum.
(3) The Authority may following the Peer Review Forum:
(a) request the RSPG to adopt a report on how the draft
measure achieves the objectives provided in sub-regulation (2),
reflecting the views exchanged in the Peer Review Forum; and
(b) request the RSPG to adopt an opinion on this draft
measure.
Harmonised 
assignment of 
radio spectrum.24. Where the use of radio spectrum has been harmonised, access
conditions and procedures have been agreed, and undertakings to
which the radio spectrum shall be assigned have been selected in
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accordance with international agreements and European Union rules,
then the Authority shall grant the right of use for such radio spectrum
in accordance therewith: 
Provided that where all national conditions attached to the
right to use the radio spectrum concerned have been satisfied in the
case of a common selection procedure, the Authority shall not impose
any further conditions, additional criteria or procedures which would
restrict, alter or delay the correct implementation of the common
assignment of such radio spectrum. 
Joint 
authorisation 
process to grant 
individual rights 
of use for radio 
spectrum.25. (1) The Authority may, where it considers it appropriate,
cooperate with other Member States and with the RSPG, taking into
account any interest expressed by market participants, by jointly
establishing the common aspects of an authorisation process and,
where appropriate, also jointly conducting the selection process to
grant individual rights of use for radio spectrum. 
(2) When designing a joint authorisation process under this
regulation, the Authority and the competent authorities of cooperating
Member States may take into consideration the following criteria,
namely that: 
(a) the individual national authorisation processes shall
be initiated and implemented together with the competent
authorities of the other Member States in accordance with a
jointly agreed schedule;
(b) it shall provide, where appropriate, for common
conditions and procedures for the selection and granting of
individual rights of use for radio spectrum in Malta and the other
Member State or Member States concerned;
(c) it shall provide, where appropriate, for common or
comparable conditions to be attached to the individual rights of
use for radio spectrum in Malta and the Member State or
Member States concerned, inter alia  allowing users to be
assigned similar radio spectrum blocks; and 
(d) it shall be open at any time to Malta and the other
Member State or Member States until the joint authorisation
process has been conducted.
(3) Where, in spite of the interest expressed by market
participants and such interest impacts Malta, and the Authority does
not act jointly with the other Member State or Member States, the
Authority shall inform those market participants of its reasons
explaining its decision therefor.
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Standardisation. 26. (1) The Authority shall encourage the use of the standards
or specifications referred to in Article 39(1) of the Electronic
Communications Code for the provision of services, technical
interfaces or network functions, to the extent strictly necessary to
ensure interoperability of services, end-to-end connectivity,
facilitation of provider switching and portability of numbers and
identifiers, and to improve freedom of choice for users. 
(2) Where standards or specifications have not been published in
accordance with Article 39(1) of the Electronic Communications
Code, the Authority shall encourage the implementation of standards
or specifications adopted by the European standardisation
organisations: 
Provided that in the absence of such standards or
specifications, the Authority shall encourage the implementation of
international standards or recommendations adopted by the
International Telecommunication Union (ITU), the European
Conference of Postal and Telecommunications Administrations
(CEPT), the International Organisation for Standardisation (ISO) and
the International Electrotechnical Commission (IEC).
(3) Any standards or specifications referred to in Article 39(1) of
the Electronic Communications Code or in this regulation shall not
prevent access as may be required under the Act or these regulations,
where feasible.
S.L. 427.41.(4) This regulation does not apply in respect of any of the essential
requirements, interface specifications or harmonised standards to
which the Radio Equipment and Telecommunications Terminal
Equipment and the Mutual Recognition of their Conformity
Regulations applies.
PART VII
SECURITY
Availability of 
services in the 
event of 
catastrophic 
network 
breakdown and, 
or force 
majeure.27. (1) An undertaking providing publicly available electronic
communications services over public electronic communications
networks, shall take all necessary measures to ensure the fullest
possible availability of such service in the event of catastrophic
network breakdown or in the case of force majeure .
(2) The Authority may specify the obligations to be complied
with by such undertakings for the purpose of ensuring compliance with
this regulation. In doing so the Authority shall also factor any
particular characteristics, such as insularity, where the consequences of
catastrophic events or of force majeure  are likely to cause severe and,
or prolonged service deterioration and, or disruption: 
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Provided further that the Authority may, after considering the
nature and extent of the services provided and any attendant relevant
circumstances, require such undertakings, in line with the principles of
reasonableness and proportionality, to adopt such resilient and secure
solutions as the Authority may consider appropriate, in such a manner
as to ensure the availability of such services. 
Security of 
networks and 
services. 28. (1)  Providers of public electronic communications
networks or of publicly available electronic communications services,
or gateway operators shall take appropriate and proportionate technical
and organisational measures to appropriately manage the risks posed
to the security of networks and services: 
Provided that having regard to the state of the art, such
measures shall ensure a level of security appropriate to the risk
presented. In particular, measures, including encryption where
appropriate, shall be taken to prevent and minimise the impact of
security incidents on users and on other networks and services.
(2) Providers of public electronic communications networks or of
publicly available electronic communications services, or gateway
operators shall notify without undue delay the Authority of: 
(a) any security incident that has a significant impact on
the operation of networks or services; or
(b) failure or serious degradation of connectivity
provided by a gateway operator. 
(3)The measures referred to under sub -regulations (1) and (2)
shall at least: 
(a) ensure that personal data can be accessed only by
authorised personnel for legally authorised purposes; 
(b) protect personal data stored or transmitted against
accidental or unlawful destruction, or accidental loss or
alteration and unauthorised or unlawful storage, processing,
access or disclosure; and 
(c) ensure the implementation of a security policy with
respect to the processing of personal data: 
Provided that the Authority may audit the measures taken by
the providers of public electronic communications networks or of
publicly available electronic communications services, or gateway
operators, and issue recommendations on best practice concerning the
level of security which such measures should achieve. 
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(4) In order to determine the significance of the impact of a
security incident, where available the following parameters shall, in
particular, be taken into account:
(a) the number of users affected by the security incident;
(b) the duration of the security incident;
(c) the geographical spread of the area affected by the
security incident;
(d)the extent to which the functioning of the network or
service is affected; and
(e)the extent of the impact on economic and societal
activities.
(5) Where appropriate, the Authority shall inform the competent
authorities in other Member States and ENISA of any security
incidents as may be notified to it in accordance with this regulation.
The Authority may also inform the public and, or may require the
providers of public electronic communications networks or of publicly
available electronic communications services, or gateway operators to
inform the public of any such security incident, where it determines
that disclosure of the security incident is in the public interest.
(6) Once a year, the Authority shall submit a summary report to
the European Commission and to ENISA on the notifications received
and the action taken in accordance with this Part. 
(7) In the case of a particular and significant threat of a security
incident in public electronic communications networks or publicly
available electronic communications services, providers of such
networks or services and gateway operators shall inform any of their
users who may be potentially affected by such a threat of any possible
protective measures or remedies which they can take. Where
appropriate, such providers and gateway operators shall also inform
their users of the threat itself.
Security and 
integrity of 
networks and 
services - A 
gateway 
operator. 29.(1) Without prejudice to any other obligations under this
Part, a gateway operator shall at all times: 
(a) adopt appropriate measures to safeguard the integrity
and resiliency of the network elements utilised to provide
connectivity; and 
(b) secure the availability of capacity, or have in place
alternative measures, sufficient to ensure an adequate level of
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uninterrupted connectivity. 
(2) A gateway operator shall not unreasonably refuse the
provision of capacity to another gateway operator for the purposes of
meeting the obligations established by sub-regulation (1): 
Provided that the Authority shall have the discretion to
determine whether a gateway operator acted unreasonably or
otherwise by taking into account the specific circumstances relating to
the request for the provision of capacity. 
Implementation 
and 
enforcement.30. (1) In order to ensure compliance with the requirements of
this Part, the Authority may issue binding instructions, however so
described, which may include such measures as it may consider
necessary to remedy a security incident or to prevent one from
occurring when a significant threat has been identified, and may
include time-limits for implementation of such measures by providers
of public electronic communications networks or publicly available
electronic communications services, or by gateway operators. 
(2) The Authority may require a provider of public electronic
communications networks or publicly available electronic
communications services, or gateway operators to:
(a) provide information needed to assess the security and
integrity of its networks and services, including documented
security policies; 
(b) submit to a security audit carried out by a qualified
independent body or by the Authority, as the Authority may
determine, and make the results thereof available to the
Authority in order to assess amongst other matters the following: 
(i) the level of security, integrity and resiliency of
any public electronic communications network and, or
service, or of the network elements operated by a gateway
operator; and
(ii) compliance with any guidelines or binding
instructions that the Authority may establish in accordance
with the provisions of this Part: 
Provided that the cost of any such audit shall be paid by the
provider or gateway operator concerned :
(c)establish the necessary contingency plans for the
purpose of complying with the requirements under this Part; 
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(d)submit such contingency plans to the Authority as the
Authority may reasonably determine; and
(e)publish information regarding the measures it has in
place in order to meet the obligations under this Part. 
(3)  The Authority shall investigate cases of non-compliance and
the effects thereof on the security of the networks and services.
S.L. 460.35.(4) The Authority may, where it considers necessary, require the
assistance of the Computer Security Incident Response Team
(‘CSIRT’) designated in accordance with the Measures for High
Common Level of Security of Network and Information Systems
Order.
S.L. 460.35.(5) The Authority shall, where appropriate and in accordance
with national law, consult and cooperate with the relevant national law
enforcement authorities, the competent authorities within the meaning
of the Measures for High Common Level of Security of Network and
Information Systems Order, and the Information and Data Protection
Commissioner.
PART VIII
MARKET ENTRY AND DEPLOYMENT
Fees for rights 
of use for radio 
spectrum. 31. An undertaking authorised to use radio spectrum shall pay to
the Authority such fees for rights of use of radio spectrum that are used
for the provision of electronic communications networks or services
and associated facilities which ensure the optimal use of such
resources. Such fees shall be those provided for under Part B of the
Twelfth Schedule. Any such fees shall be objectively justified,
transparent, non-discriminatory and proportionate in relation to their
intended purpose and shall take into account the general objectives
stated in the Act and shall be set at a level which ensures efficient
assignment and use of radio spectrum, including by:
(a) setting reserve prices as minimum fees for rights of
use for radio spectrum by having regard to the value of those
rights in their possible alternative uses;
(b) taking into account costs entailed by conditions
attached to those rights; and
(c) applying, to the extent possible, payment
arrangements linked to the actual availability for use of the radio
spectrum. 
Management of 
radio spectrum.32. (1) In the exercise of its functions under the Act, the
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Authority shall promote the harmonisation of use of radio spectrum by
electronic communications networks and services across the European
Union, consistent with the need to ensure effective and efficient use
thereof and in pursuit of benefits for the consumer such as
competition, economies of scale and interoperability of networks and
services. In so doing, the Authority shall act in accordance with article
4A of the Act and with Decision No 676/2002/EC, inter alia,  by:
(a) pursuing wireless broadband coverage in Malta at
high quality and speed, as well as coverage of major national and
European transport paths, including trans-European transport
network as referred to in Regulation (EU) No 1315/2013 of the
European Parliament and of the Council;
(b) facilitating the rapid development in the European
Union of new wireless communications technologies and
applications, including, where appropriate, in a cross-sectoral
approach;
(c) ensuring predictability and consistency in the
granting, renewal, amendment, restriction and withdrawal of
rights of use for radio spectrum in order to promote long-term
investments;
(d) ensuring the prevention of cross-border or national
harmful interference in accordance with regulation 19 and article
37 of the Act respectively, and taking appropriate pre-emptive
and remedial measures to that end;
(e) promoting the shared use of radio spectrum between
similar or different uses of radio spectrum in accordance with
competition law; 
(f) applying the most appropriate and least onerous
authorisation system possible in accordance with article 37 of the
Act in such a way as to maximise flexibility, sharing and
efficiency in the use of radio spectrum;
(g) applying rules for the granting, transfer, renewal,
modification and withdrawal of rights of use for radio spectrum
that are laid down in a clear and transparent manner in order to
guarantee regulatory certainty, consistency and predictability;
and
(h) pursuing consistency and predictability throughout
the European Union regarding the way the use of radio spectrum
is authorised in protecting public health taking into account
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Recommendation 1999/519/EC, the radiation emission standards
adopted and published by ICNIRP, or by a national public
authority which at law is responsible for the adoption of any such
standards, or with any other appropriate standard as may be
specified at law. 
(2) Where the Authority considers that there is a lack of market
demand for the use of a band in the harmonised radio spectrum, it may
then allow an alternative use of all or part of that band, including the
existing use, in accordance with sub-regulations (5), (6) and (7)
provided that:
Cap. 418. (a) the finding of a lack of market demand for the use of
such a band is based on a public consultation in accordance with
article 4A of the Malta Communications Authority Act,
including a forward-looking assessment of market demand; 
(b) such alternative use does not prevent or hinder the
availability or the use of such a band in other Member States;
and
(c) the Authority takes due account of the long-term
availability or use of such a band in the European Union and the
economies of scale for equipment resulting from using the
harmonised radio spectrum in the European Union: 
Provided that any decision to allow alternative use on an
exceptional basis shall be subject to a regular review and shall in any
event be reviewed promptly upon a duly justified request by a
prospective user to the Authority for use of the band in accordance
with the technical implementing measure: 
Provided further that the Authority shall inform the European
Commission and the other Member States of the decision taken by the
Authority, together with the reasons therefor, as well as of the outcome
of any review.
(3) Without prejudice to sub-regulation (1), the Authority shall
ensure that all types of technology used for the provision of electronic
communications networks or services may be used in the radio
spectrum declared available for electronic communications services in
the Frequency Plan in accordance with European Union law. 
(4) Notwithstanding the provisions of this regulation the
Authority may provide for proportionate and non-discriminatory
restrictions to the types of radio network or wireless access technology
used for electronic communications services where it considers that
this is necessary to:
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(a) avoid harmful interference;
(b) protect public health against electromagnetic fields,
taking utmost account of Recommendation 1999/519/EC, the
radiation emission standards adopted and published by ICNIRP,
or by a national public authority which at law is responsible for
the adoption of any such standards, or with any other appropriate
standard as may be specified at law;
(c) ensure technical quality of service;
(d) ensure maximisation of radio spectrum sharing;
(e) safeguard efficient use of radio spectrum; or
(f) ensure the fulfilment of a general interest objective in
accordance with sub-regulation (5).
(5) Without prejudice to the sub-regulation (6) the Authority shall
ensure that all types of electronic communications services may be
provided in the radio spectrum declared available for electronic
communications services in the Frequency Plan in accordance with
European Union law: 
Provided that the Authority may provide for proportionate and
non-discriminatory restrictions to the types of electronic
communications services to be provided, including, where necessary,
to fulfil a requirement under the ITU Radio Regulations.
(6) Measures taken by the Authority in accordance with these
regulations that require an electronic communications service to be
provided in a specific band available for electronic communications
services shall be justified in order to ensure the fulfilment of a general
interest objective as laid down by the Minister in accordance with
European Union law, including, but not limited to:
(a) safety of life;
(b) the promotion of social, regional or territorial
cohesion;
(c) the avoidance of inefficient use of radio spectrum; or 
(d) the promotion of cultural and linguistic diversity and
media pluralism, for example the provision of radio and
television broadcasting services:
Provided that a measure which prohibits the provision of any
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other electronic communications service in a specific band may be
provided for only where necessary to protect the safety of life services.
The Authority in consultation with the Minister may, on an exceptional
basis, also extend such a measure in order to fulfil other general
interest objectives in accordance with national law and European
Union law.
(7) The Authority in consultation with the Minister shall
regularly review the necessity of the restrictions referred to in sub-
regulations (4), (5) and (6), and shall make the results of those reviews
public.
Conditions 
attached to 
individual rights 
of use for radio 
spectrum.33. (1) The Authority shall attach conditions to individual
rights of use for radio spectrum in accordance with regulation 7(1) in
such a way as to ensure optimal and the most effective and efficient
use of radio spectrum. 
(2) The Authority shall, before the assignment or renewal of any
rights under sub-regulation (1) clearly establish any such conditions,
including the level of use required and the possibility to fulfil that
requirement through trading or leasing, in order to ensure the
implementation of those conditions in accordance with regulation 20: 
Provided that conditions attached to renewals of right of use
for radio spectrum shall not provide undue advantages to existing
holders of those rights: 
Provided further that the Authority in making such conditions
shall specify the applicable parameters, including any deadline for
exercising the rights of use, the non-fulfilment of which would entitle
the Authority to withdraw the right of use or impose other measures.
(3) The Authority shall, in a timely and transparent manner,
consult and inform interested parties regarding conditions attached to
individual rights of use before their imposition. In doing so the
Authority shall determine in advance and inform interested parties, in
a transparent manner, of the criteria for the assessment of the
fulfilment of those conditions.
(4)  The Authority may specify that certain conditions shall not
apply to such categories of undertakings as may be specified by the
Authority. 
(5) The Authority shall ensure that where a requirement is
specified as a condition of a right of use for radio spectrum, such a
requirement shall not be specified as a condition of the general
authorisation.
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(6) Any person authorised to use radio spectrum, shall pay to the
Authority such fees for rights of use of radio spectrum as may be
established under Part B of the Twelfth Schedule: 
Provided that in all cases, any such fees shall be established in
accordance with regulation 31. 
(7) When attaching conditions to individual rights of use for radio
spectrum, the Authority may, in particular with a view to ensuring
effective and efficient use of radio spectrum or promoting coverage,
provide for the following possibilities:
(a) sharing of radio spectrum or sharing of passive or
active infrastructure which relies on radio spectrum;
(b) commercial roaming access agreements; or
(c) joint roll-out of infrastructures for the provision of
networks or services which rely on the use of radio spectrum.
(8) The Authority shall not prevent the sharing of radio spectrum
in the conditions attached to the rights of use for radio spectrum. 
(9) Implementation by undertakings of conditions attached
pursuant to sub-regulation (7) shall remain subject to competition law.
Rules 
preventing 
spectrum 
hoarding.34. Without prejudice to the provisions of the Act and taking into
account the relevant national circumstances, the Authority may lay
down rules in order to prevent spectrum hoarding, in particular by
setting out strict deadlines for the effective exploitation of the rights of
use by the holder of the rights. These rules shall be established and
applied in a proportionate, non-discriminatory and transparent manner.
Granting of 
individual rights 
of use for radio 
spectrum.35. (1)  Where it is necessary the Authority shall, upon request,
grant individual rights of use for radio spectrum to any undertaking for
the provision of electronic communications networks or services under
the general authorisation referred to in regulations 5 and 6, subject to
regulations 7 and 8, to regulation 16(1)(c) and to regulation 42 and to
any other rules ensuring the efficient use of those resources in
accordance with the Act and these regulations.
(2) The Authority shall establish open, objective, transparent,
non-discriminatory and proportionate procedures for the grant of
individual rights of use for radio spectrum:
Provided that the Authority may establish specific criteria and
procedures for the granting of individual rights of use for radio
spectrum to providers of radio or television broadcast content services
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with a view to pursuing general interest objectives in accordance with
European Union law and with regulation 32: 
Provided further that an exception to the requirement of open
procedures may apply where the granting of individual rights of use
for radio spectrum to the providers of radio or television broadcast
content services is necessary to achieve a general interest objective in
accordance with European Union law.
(3) The Authority shall consider applications for individual rights
of use for radio spectrum in the context of selection procedures
pursuant to objective, transparent, proportionate and non-
discriminatory eligibility criteria that are set out in advance and reflect
the conditions to be attached to such rights. In doing so the Authority
may request all necessary information from applicants in order to
assess, on the basis of those criteria, their ability to comply with those
conditions. Where the Authority concludes that an applicant does not
possess the required ability, it shall provide a duly reasoned decision to
that effect.
(4) When granting individual rights of use for radio spectrum, the
Authority shall specify whether those rights can be transferred or
leased by the holder of the rights, and under which conditions. The
provisions of regulations 32 and 38 shall apply in this regard.
(5) The Authority shall take, communicate and make public the
decisions on the granting of individual rights of use for radio spectrum
as soon as possible after the receipt of the complete application, and
within six weeks after such receipt in the case of radio spectrum
declared available for electronic communications services in the
Frequency Plan. 
Provided that such time limit shall be without prejudice to
regulation 42(9) and to any applicable international agreements
relating to the use of radio spectrum or of orbital positions.
Duration of 
rights.36. (1) Where the Authority authorises the use of radio
spectrum through individual rights of use for a limited period, it shall
ensure that the right of use is granted for a period that is appropriate in
light of the objectives pursued in accordance with regulation 42(2),
(3) and (4), taking due account of the need to ensure competition, as
well as, in particular the effective and efficient use of radio spectrum,
and to promote innovation and efficient investments, including by
allowing for an appropriate period for investment amortisation. 
(2) Where the Authority grants individual rights of use for radio
spectrum for which harmonised conditions have been set by technical
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implementing measures in accordance with Decision No 676/2002/EC
in order to enable its use for wireless broadband electronic
communications services (‘wireless broadband services’) for a limited
period, it shall ensure regulatory predictability for the holders of the
rights over a period of at least twenty years regarding conditions for
investment in infrastructure which relies on the use of such radio
spectrum, taking account of the requirements referred to in sub-
regulation (1): 
Provided that the provisions of this regulation are subject,
where relevant, to any modification of the conditions attached to those
rights of use in accordance with article 47(4) of the Act. In this regard
the Authority shall ensure that such rights are valid for a duration of at
least fifteen years and include, where necessary in order to comply
with this sub -regulation, an adequate extension thereof, under the
conditions laid down in this sub -regulation.
(3) The Authority shall make available the general criteria for an
extension of the duration of rights of use, in a transparent manner, to
all interested parties in advance of granting rights of use, as part of the
conditions laid down under regulation 42(5) and (8). Such general
criteria shall relate to:
(a) the need to ensure the effective and efficient use of
the radio spectrum concerned, the objectives pursued in
regulation 32(1)(a) and (b), or the need to fulfil general interest
objectives related to ensuring safety of life, public order, public
security or defence; and
(b) the need to ensure undistorted competition.
(4) By not later than two years before the expiry of the initial
duration of an individual right of use, the Authority shall conduct an
objective and forward-looking assessment of the general criteria laid
down for the extension of the duration of that right of use in light of
regulation 32(1)(c): 
Provided that the Authority has not initiated enforcement
action for non-compliance with the conditions of the rights of use
pursuant to regulation 20, it shall grant the extension of the duration of
the right of use unless it concludes that such an extension would not
comply with the general criteria laid down in sub -regulation (3)(a) or
(b). On the basis of that assessment, the Authority shall notify the
holder of the right as to whether the extension of the duration of the
right of use is to be granted:
Provided further that if such extension is not to be granted, the
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Authority shall apply regulation 35 for granting rights of use for that
specific radio spectrum band.
(5) Any measure taken under sub -regulations (2), (3) and (4) shall
be proportionate, non-discriminatory, transparent and reasoned.
Cap. 418. (6) By way of derogation from article 4A of the Malta
Communications Authority Act, interested parties shall have the
opportunity to comment on any draft measure pursuant to sub-
regulations (3) and (4) for a period of at least three months. 
(7) This regulation is without prejudice to the application of
regulations 14 and 20.
(8) When establishing fees for rights of use, the mechanism
provided for under this regulation shall be taken into account.
(9) Where the Authority considers that there is justification, it
may then derogate from sub-regulations (2) to (6) in the following
cases:
(a) in limited geographical areas, where access to high-
speed networks is severely deficient or absent and this is
necessary to ensure achievement of the objectives of regulation
32(1);
(b) for specific short-term projects; 
(c) for experimental use; 
(d) for any uses of radio spectrum which, in accordance
with regulation 32(3), (4), (5) and (6), can coexist with wireless
broadband services; or
(e) for any alternative use of radio spectrum in
accordance with regulation 32(2). 
(10) The Authority may adjust the duration of rights of use laid
down in this regulation to ensure the simultaneous expiry of the said
duration of rights in one or several bands.
Renewal of 
individual rights 
of use for 
harmonised 
radio spectrum.37. (1) The Authority shall take a decision on the renewal of
individual rights of use for harmonised radio spectrum in a timely
manner before the duration of those rights expires, except where, at the
time of assignment, the possibility of renewal has been explicitly
excluded: 
Provided that for such a purpose, the Authority shall assess
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the need for such renewal of its own initiative or upon request by the
holder of the right, in the latter case not earlier than five years prior to
expiry of the duration of the rights concerned. This shall be without
prejudice to renewal clauses applicable to existing rights.
(2) In taking a decision pursuant to sub-regulation (1), the
Authority shall consider, inter alia:
(a) the fulfilment of the objectives set out in article 4 of
the Act, regulation 32(1) and regulation 35(2), as well as public
policy objectives under European Union law or national law;
(b) the implementation of a technical implementing
measure adopted in accordance with Article 4 of Decision No
676/ 2002/EC; 
(c) the review of the appropriate implementation of the
conditions attached to the right concerned; 
(d) the need to promote, or avoid any distortion of,
competition in line with regulation 39;
(e) the need to render the use of radio spectrum more
efficient in light of technological or market evolution; and 
(f) the need to avoid severe service disruption.
(3) When considering possible renewal of individual rights of use
for harmonised radio spectrum for which the number of rights of use is
limited pursuant to sub-regulation (2), the Authority shall conduct an
open, transparent and non-discriminatory procedure, and shall , inter
alia:
Cap. 418. (a) give all interested parties the opportunity to express
their views through a public consultation in accordance with
article 4A of the Malta Communications Authority Act; and
(b) clearly state the reasons for such possible renewal.
(4) The Authority shall take into account any evidence arising
from the consultation pursuant to sub-regulation (3) of market demand
from undertakings other than those holding rights of use for radio
spectrum in the band concerned when deciding whether to renew the
rights of use or to organise a new selection procedure in order to grant
the rights of use pursuant to regulation 42.
(5) A decision to renew the individual rights of use for
harmonised radio spectrum may be accompanied by a review of the
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fees as well as of the other terms and conditions attached thereto.
Where appropriate, the fees for the rights of use may be adjusted as
necessary in accordance with regulation 31. 
Transfer or lease 
of individual 
rights of use for 
radio spectrum.38. (1)  An undertaking may transfer or lease individual rights
of use for radio spectrum in the bands identified in the Frequency Plan
to other undertakings in accordance with the conditions attached to
such rights of use of radio spectrum and with applicable law: 
Provided that conditions attached to individual rights to use
radio spectrum shall continue to apply after the transfer or lease, unless
otherwise stated by the Authority: 
Provided further that , the Authority may determine that this
sub-regulation shall not apply where the individual right of use for
radio spectrum of the undertaking was initially granted free of charge
or assigned for broadcasting.
(2) Without prejudice to any applicable law or any procedures
that the Authority may specify, an undertaking shall notify its intention
to transfer or lease rights of use for radio spectrum, as well as the
effective transfer thereof to the Authority, and the Authority shall
ensure that such intention is made public: 
Provided that in the case of a harmonised radio spectrum, any
such transfer shall comply with such harmonised use.
(3) The Authority shall allow the transfer or lease of rights of use
for radio spectrum where the original conditions attached to the rights
of use are maintained. 
(4) Without prejudice to the need to ensure the absence of a
distortion of competition, in particular in accordance with regulation
39, the Authority:
(a) shall submit transfers and leases to the least onerous
procedure possible;
(b) shall not refuse the lease of rights of use for radio
spectrum where the lessor undertakes to remain liable for
meeting the original conditions attached to the rights of use; and
(c) shall not refuse the transfer of rights of use for radio
spectrum unless there is a clear risk that the new holder is unable
to meet the original conditions for the right of use.
(5) Any administrative charge imposed on undertakings in
connection with processing an application for the transfer or lease of
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rights of use for radio spectrum , shall comply with regulation 12.
(6) Sub -regulation (4)(a), (b) and (c) are without prejudice to the
competence of the Authority to enforce compliance with the
conditions attached to the rights of use at any time, both with regard to
the lessor and the lessee, in accordance with applicable national law.
(7) The Authority shall facilitate the transfer or lease of rights of
use for radio spectrum by considering any request to adapt the
conditions attached to the rights in a timely manner and by ensuring
that those rights or the relevant radio spectrum may to the best extent
be partitioned or disaggregated.
(8) In light of any transfer or lease of rights of use for radio
spectrum, the Authority shall make relevant details relating to tradable
individual rights publicly available in a standardised electronic format
when the rights are created and keep those details for as long as the
rights exist.
Competition in 
relation to rights 
of use for radio 
spectrum.39. (1)  The Authority shall promote effective competition and
avoid distortions of competition in the internal market when deciding
to grant, amend or renew rights of use for radio spectrum for electronic
communications networks and services in accordance with the Act,
these regulations and the Electronic Communications Code. 
(2) When granting, amending or renewing rights of use for radio
spectrum, the Authority may take those measures as it may consider to
be appropriate in the circumstances, such as:
(a) limiting the amount of radio spectrum bands for
which rights of use are granted to any undertaking, or, in
justified circumstances, attaching conditions to such rights of
use, such as the provision of wholesale access, national or
regional roaming, in certain bands or in certain groups of bands
with similar characteristics;
(b) reserving, if appropriate and justified with regard to a
specific situation in the national market, a certain part of a radio
spectrum band or group of bands for assignment to new entrants;
(c) refusing to grant new rights of use for radio spectrum
or to allow new radio spectrum uses in certain bands, or
attaching conditions to the grant of new rights of use for radio
spectrum or to the authorisation of new uses of radio spectrum,
in order to avoid the distortion of competition by any
assignment, transfer or accumulation of rights of use;
(d) including conditions prohibiting, or imposing
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conditions on, transfers of rights of use for radio spectrum, not
subject to European Union or national merger control, where
such transfers are likely to result in significant harm to
competition; or
(e) amending the existing rights in accordance with the
Act, these regulations, or the Electronic Communications Code
where this is necessary to remedy ex post a distortion of
competition by any transfer or accumulation of rights of use for
radio spectrum:
Provided that the Authority shall, taking into account market
conditions and available benchmarks, base its decisions on an
objective and forward-looking assessment of the market competitive
conditions, of whether such measures are necessary to maintain or
achieve effective competition, and of the likely effects of such
measures on existing and future investments by market participants in
particular for network roll-out. In doing so the Authority shall take into
account the approach to market analysis as set out in regulation 54(5).
Cap. 418. (3) When applying sub-regulation (2), the Authority shall act in
accordance with the procedures provided in article 47(4) of the Act,
article 4A of the Malta Communications Authority Act, and
regulations 14 and 23.
Co-ordinated 
timing of 
assignments.40. (1) The Authority shall cooperate with the relevant
competent authorities in other Member States in order to coordinate
the use of harmonised radio spectrum for electronic communications
networks and services in the European Union, taking due account of
the different national market situations. This may include identifying
one, or, where appropriate, several common dates by when the use of
specific harmonised radio spectrum shall be authorised.
(2) Where harmonised conditions have been set by technical
implementing measures in accordance with Decision No 676/2002/EC
in order to enable the radio spectrum use for wireless broadband
networks and services, the Authority shall allow the use of that radio
spectrum, as soon as possible and at the latest thirty months after the
adoption of that measure, or as soon as possible after the lifting of any
decision to allow alternative use on an exceptional basis pursuant to
regulation 32(2). This is without prejudice to Decision (EU) 2017/899
and to the right of initiative of the European Commission to propose
legislative acts. 
(3) The Authority may delay the deadline provided for in sub -
regulation (2) for a specific band under the following circumstances:
(a) to the extent justified by a restriction to the use of that
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band based on the general interest objective provided in
regulation 32(6)(a) or (d);
(b) in the case of unresolved cross-border coordination
issues resulting in harmful interference with third countries,
provided the Authority has, where appropriate, requested
European Union assistance pursuant to regulation 19(5);
(c) safeguarding national security and defence; or
(d)force majeure .
Provided that the Authority shall review any such delay at
least every two years.
(4) The Authority may delay the deadline provided for in sub -
regulation (2) for a specific band to the extent necessary and up to
thirty months in the case of:
(a) of unresolved cross-border coordination issues
resulting in harmful interference between Malta and another
Member State or Member States, provided that the Authority
takes all necessary measures in a timely manner pursuant to
regulation 19(3) and (4);
(b) of the need to ensure, and the complexity of ensuring,
the technical migration of existing users of that band.
(5) In the event of a delay under sub-regulation (3) or (4), the
Authority shall inform the other Member States and the European
Commission of such a delay in a timely manner, stating the reasons.
Coordinated 
timing of 
assignments for 
specific 5G 
bands.41. (1)  For terrestrial systems capable of providing wireless
broadband services, the Authority in consultation with the Minister
shall, where necessary in order to facilitate the roll-out of 5G, take all
appropriate measures to:
(a) reorganise and allow the use of sufficiently large
blocks of the 3,4-3,8 GHz band;
(b) allow the use of at least 1 GHz of the 24,25-27,5 GHz
band, provided that there is clear evidence of market demand and
of the absence of significant constraints for migration of existing
users or band clearance.
(2) Measures taken pursuant to subregulation (1) shall comply
with the harmonised conditions set by technical implementing
measures in accordance with Article 4 of Decision No 676/2002/EC.
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Procedure for 
limiting the 
number of rights 
of use to be 
granted for radio 
spectrum.42.(1) Without prejudice to regulation 40, where the Authority
concludes that a right to use radio spectrum cannot be subject to a
general authorisation and where it considers whether to limit the
number of rights of use to be granted for radio spectrum, it shall, inter
alia:
(a) clearly state the reasons for limiting the rights of use,
in particular by giving due weight to the need to maximise
benefits for users and to facilitate the development of
competition, and review, as appropriate, the limitation at regular
intervals or after a reasonable request by the affected
undertakings; 
Cap. 418. (b) give all interested parties, including users and
consumers, the opportunity to express their views on any
limitation through a public consultation in accordance with
article 4A of the Malta Communications Authority Act.
(2) When the Authority concludes that the number of rights of use
is to be limited, it shall clearly establish, and give reasons for, the
objectives pursued by means of a competitive or comparative selection
procedure under this regulation, and where possible quantify them,
giving due weight to the need to fulfil national and EU internal market
objectives. 
(3) The objectives that the Authority may set out with a view to
designing the specific selection procedure shall, in addition to
promoting competition, shall be limited to one or more of the
following:
(a) promoting coverage;
(b) ensuring the required quality of service;
(c) promoting efficient use of radio spectrum, including
by taking into account the conditions attached to the rights of use
and the level of fees; and, or 
(d) promoting innovation and business development.
(4) The Authority shall clearly define and justify the choice of the
selection procedure, including any preliminary phase to access the
selection procedure. The Authority shall also clearly state the outcome
of any related assessment of the competitive, technical and economic
situation of the market and provide reasons for the possible use and
choice of measures pursuant to regulation 23.
(5) The Authority shall publish any decision on the selection
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procedure chosen and the related rules, clearly stating the reasons
therefor. The Authority shall also publish the conditions that are to be
attached to the rights of use.
(6) After having determined the selection procedure, the
Authority shall invite applications for rights of use.
(7) Where the Authority concludes that additional rights of use
for radio spectrum or a combination of general authorisation and
individual rights of use can be granted, it shall publish that conclusion
and initiate the process of granting such rights.
(8) Where the granting of rights of use for radio spectrum needs
to be limited, the Authority shall grant such rights on the basis of
selection criteria and of a selection procedure which are objective,
transparent, non-discriminatory and proportionate. Any such selection
criteria shall give due weight to the achievement of the objectives and
requirements of articles 4 and 4A of the Act, and regulations 19 and
32.
(9) Where competitive or comparative selection procedures are to
be used, the Authority may extend the maximum period of six weeks
referred to in regulation 35(5) for as long as necessary to ensure that
such procedures are fair, reasonable, open and transparent to all
interested parties, but by no longer than eight months, subject to any
specific timetable established pursuant to regulation 40:
Provided that such time limits shall be without prejudice to
any applicable international agreements relating to the use of radio
spectrum and satellite coordination.
(10) This regulation is without prejudice to the transfer of rights of
use for radio spectrum in accordance with regulation 38. 
Access to radio 
local area 
networks 
(RLANs.)43. (1)  The Authority shall allow the provision of access
through RLANs to a public electronic communications network, as
well as the use of the harmonised radio spectrum for that provision,
subject only to the applicable general authorisation conditions relating
to radio spectrum use as referred to in article 37(2) of the Act:
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S.L. 399.43. Provided that where that provision is not part of an economic
activity or is ancillary to an economic activity or a public service
which is not dependent on the conveyance of signals on those
networks, any undertaking, public authority or end-user providing
such access shall not be subject to any general authorisation for the
provision of electronic communications networks or services pursuant
to regulation 5, to obligations regarding end-users rights pursuant
regulations 80, 81, 82 and 83, and to regulation 7 of the Emergency
Communications, the Single European Call service (‘112’ Number)
and the European Harmonised Services of Social Value (‘116’
Numbering Range) Regulations, or to obligations to interconnect their
networks pursuant to regulation 48(1).
Cap. 426. (2) Article 19 of the Electronic Commerce Act shall apply to the
provisions of this regulation.
(3) The Authority shall not prevent providers of public electronic
communications networks or publicly available electronic
communications services from allowing access to their networks to the
public, through RLANs, which may be located at the premises of an
end-user, subject to compliance with the applicable general
authorisation conditions and the prior informed agreement of the end-
user concerned.
(4)  In accordance in particular with Article 3(1) of Regulation
(EU) 2015/2120, the Authority shall ensure that providers of public
electronic communications networks or publicly available electronic
communications services do not unilaterally restrict or prevent end-
users from:
(a) accessing RLANs of their choice provided by third
parties; or 
(b) allowing reciprocally or, more generally, accessing
the networks of such providers by other end-users through
RLANs, including on the basis of third-party initiatives which
aggregate and make publicly accessible the RLANs of different
end-users.
(5) The Authority shall not limit or prevent end-users from
allowing access, reciprocally or otherwise, to their RLANs by other
end-users, including on the basis of third-party initiatives which
aggregate and make the RLANs of different end-users publicly
accessible.
(6) The Authority shall not unduly restrict the provision of access
to RLANs to the public:
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(a) by public sector bodies or in public spaces close to
premises occupied by such public sector bodies, when that
provision is ancillary to the public services provided on those
premises; and 
(b) by initiatives of non-governmental organisations or
public sector bodies to aggregate and make reciprocally or more
generally accessible the RLANs of different end-users,
including, where applicable, the RLANs to which public access
is provided in accordance with paragraph (a) of this
subregulation.
Deployment and 
operation of 
small-area 
wireless access 
points.44.(1) The Authority shall not unduly restrict the deployment
of small area wireless access points. 
(2) The Authority shall ensure that any rules governing the
deployment of small-area wireless access points are nationally
consistent. In doing so the Authority shall publish such rules in
advance of their application in consultation with any such public
authority as the Authority may consider necessary: 
Cap. 81.Provided that in particular, the competent authority
responsible for town planning shall not subject the deployment of
small area wireless access points complying with the characteristics
laid down pursuant to paragraph 2 of Article 57 of the Electronic
Communications Code to any individual town planning permit or other
individual prior permits. By way of derogation from this proviso the
aforesaid competent authority may require permits for the deployment
of small-area wireless access points on buildings or sites of
architectural, historical or natural value protected in accordance with
national law or where necessary for public safety reasons. Article 18 of
Utilities and Services (Regulation of Certain Works) Act shall apply to
the granting of those permits.
S.L. 427.41.(3) This regulation is without prejudice to the essential
requirements laid down in the  Radio Equipment and
Telecommunications Terminal Equipment and the Mutual
Recognition of their Conformity Regulations and to the authorisation
regime applicable for the use of the relevant radio spectrum.
Cap. 81(4) In the context of the application of the procedures adopted
under national law, notably those under Parts III and IV of the Utilities
and Services (Regulation of Certain Works) Act, operators shall have
the right to access any physical infrastructure controlled by national,
regional or local public authorities, which is technically suitable to
host small-area wireless access points or which is necessary to connect
such access points to a backbone network, including street furniture,
such as light poles, street signs, traffic lights, billboards and bus stops
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and stations: 
Provided that public authorities shall meet all reasonable
requests for access on fair, reasonable, transparent and non-
discriminatory terms and conditions, which shall be made public at the
single information point established under the Utilities and Services
(Regulation of Certain Works) Act.
(5) Without prejudice to any commercial agreements, the
deployment of small-area wireless access points shall not be subject to
any fees or charges going beyond the administrative charges in
accordance with regulation 12.
Technical 
regulations on 
electromagnetic 
fields.45.The procedures laid down in Directive (EU) 2015/1535 shall
apply with respect to any draft measure by competent national health
authorities taken in accordance with their powers at law, that would
impose on the deployment of small-area wireless access points
different requirements with respect to electromagnetic fields than
those provided for in Recommendation 1999/519/EC.
PART IX
ACCESS
General 
framework for 
access and 
interconnection.46. (1)  No restrictions may be imposed or maintained which
prevent undertakings in Malta, or in Malta and other Member States
from negotiating between themselves agreements on technical and
commercial arrangements for access or interconnection, in accordance
with European Union law: 
Provided that the undertaking requesting access or
interconnection in Malta does not need to be authorised to operate in
Malta if it is not providing services and does not operate a network in
Malta. 
(2) Without prejudice to regulation 101, no legal or
administrative measures shall be maintained which require
undertakings, when granting access or interconnection, to offer
different terms and conditions to different undertakings for equivalent
services or measures imposing obligations that are not related to the
actual access and interconnection services provided, and this without
prejudice to the conditions set out in the First Schedule.
Rights and 
obligations of 
undertakings.47.(1)  Operators of public electronic communications
networks shall have a right and, when requested by other undertakings
authorised in accordance with regulation 11, an obligation, to negotiate
with each other interconnection for the purpose of providing publicly
available electronic communications services, in order to ensure
provision and interoperability of services in Malta and throughout the
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European Union: 
Provided that operator s shall offer access and interconnection
to other undertakings on terms and conditions consistent with
obligations imposed by the Authority pursuant to regulations 48, 50
and 55.
(2) Without prejudice to regulation 16, an undertaking that
acquires information from another undertaking before, during or after
the process of negotiating access or interconnection arrangements,
shall use that information solely for the purpose for which it was
supplied and respect at all times the confidentiality of information
transmitted or stored. Such an undertaking shall not pass on the
received information to any other party, in particular to other
departments, subsidiaries or partners , however so described, for whom
such information could provide a competitive advantage.
(3) The Authority may provide that negotiations be conducted
through neutral intermediaries if it considers that conditions of
competition so require.
Powers and 
responsibilities 
of the Authority 
with regard to 
access and 
interconnection.48.(1)  The Authority shall, acting in pursuit of the objectives
set out in article 4 of the Act, encourage and, where appropriate,
ensure, in accordance with the Act and these regulations, adequate
access and interconnection, and the interoperability of services: 
Provided that in doing so the Authority shall exercise its
responsibility in a way that promotes efficiency, sustainable
competition, the deployment of very high capacity networks, efficient
investment and innovation, and gives the maximum benefit to end-
users: 
Provided further that the Authority shall provide guidance and
make publicly available the procedures applicable to gain access and
interconnection to ensure that small and medium-sized enterprises and
operators with a limited geographical reach can benefit from the
obligations imposed.
(2) Without prejudice to measures that may be taken regarding
undertakings designated as having significant market power in
accordance with regulation 55, the Authority may impose:
(a) to the extent necessary to ensure end-to-end
connectivity, obligations on undertakings subject to general
authorisation that control access to end-users, including, in
justified cases, the obligation to interconnect their networks
where this is not already the case; 
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(b) in justified cases and to the extent necessary,
obligations on undertakings subject to general authorisation that
control access to end-users to make their services interoperable; 
(c) to the extent necessary to ensure accessibility for
end-users to digital radio and television broadcasting services
and related complementary services specified by the Authority,
obligations on operators to provide access to the other facilities
referred to in Part II of the Second Schedule on fair, reasonable
and non-discriminatory terms; 
(d) in justified cases, where end-to-end connectivity
between end-users is endangered due to a lack of interoperability
between interpersonal communications services, and to the
extent necessary to ensure end-to-end connectivity between end-
users, obligations on relevant providers of number-independent
interpersonal communications services which reach a significant
level of coverage and user uptake, to make their services
interoperable: 
Provided that the obligations referred to in paragraph (d) shall
be imposed only:
(i) to the extent necessary to ensure
interoperability of interpersonal communications services
and may include proportionate obligations on providers of
those services to publish and allow the use, modification
and redistribution of relevant information by the Authority
and other providers, or to use and implement standards or
specifications listed in regulation 26 or of any other
relevant European or international standards;
(ii) where the European Commission, after
consulting BEREC and taking utmost account of its
opinion, has found an appreciable threat to end-to-end
connectivity between end-users throughout the European
Union or in at least three Member States and has adopted
implementing measures specifying the nature and scope of
any obligations that may be imposed, which implementing
measures shall be adopted in accordance with the
examination procedure referred to in Article 118(4) of the
Electronic Communications Code.
(3) Without prejudice to sub-regulations (1) and (2), the
Authority may impose obligations, upon reasonable request, to grant
access to wiring and cables and associated facilities inside any
building or up to the first concentration or distribution point as
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determined by the Authority, where that point is located outside the
building: 
Provided that where the Authority considers that the
replication of such network elements would be economically
inefficient or physically impracticable, the Authority may then impose
such obligations on providers of electronic communications networks
or on the owners of such wiring and cables and associated facilities,
where those owners are not providers of electronic communications
networks. Any access conditions that may be so imposed, may include
specific rules on access to such network elements and to associated
facilities and associated services, on transparency and non-
discrimination and on apportioning the costs of access, which where
appropriate, shall be adjusted to take into account risk factors. 
(4) Where the Authority concludes, having regard, where
applicable, to the obligations resulting from any relevant market
analysis, that the obligations imposed in accordance with the sub -
regulation (1) , do not sufficiently address high and non-transitory
economic or physical barriers to replication which underlie an existing
or emerging market situation significantly limiting competitive
outcomes for end-users, the Authority may extend the imposition of
such access obligations, on fair and reasonable terms and conditions,
beyond the first concentration or distribution point, to a point that it
determines to be the closest to end-users, capable of hosting a
sufficient number of end-user connections to be commercially viable
for efficient access seekers: 
Provided that in determining the extent of the extension
beyond the first concentration or distribution point, the Authority shall
take utmost account of relevant BEREC guidelines. If justified on
technical or economic grounds, the Authority may impose active or
virtual access obligations. 
(5) The Authority shall not impose obligations in accordance with
sub-regulation (4) on providers of electronic communications
networks where the Authority determines that:
(a) the provider has the characteristics listed in
regulation 67(1) and makes available a viable and similar
alternative means of reaching end-users by providing access to a
very high capacity network to any undertaking, on fair, non-
discriminatory and reasonable terms and conditions: 
Provided that such an exemption may be extended by the
Authority to other providers offering, on fair, non-discriminatory and
reasonable terms and conditions, access to a very high capacity
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network; 
Provided further by way of derogation the Authority may
impose obligations on providers of electronic communications
networks fulfilling the criteria laid down in this paragraph where the
network concerned is publicly funded;
or
(b)  the imposition of obligations would compromise the
economic or financial viability of a new network deployment, in
particular by small local projects.
(6) Without prejudice to sub-regulations (1) and (2), the
Authority may impose on undertakings providing or authorised to
provide electronic communications networks, obligations in relation to
the sharing of passive infrastructure or obligations to conclude
localised roaming access agreements, in both cases if it considers that
such obligations are directly necessary for the local provision of
services which rely on the use of radio spectrum, in accordance with
European Union law and provided that no viable and similar
alternative means of access to end-users is made available to any
undertaking on fair and reasonable terms and conditions: 
Provided that the Authority may impose such obligations only
where this possibility is clearly provided for when granting the rights
of use for radio spectrum and where justified on the grounds that, in
the area subject to such obligations, the market-driven deployment of
infrastructure for the provision of networks or services which rely on
the use of radio spectrum is subject to insurmountable economic or
physical obstacles and therefore access to networks or services by end-
users is severely deficient or absent: 
Provided further that in those circumstances where the
Authority considers that access and sharing of passive infrastructure
alone does not suffice to address the situation, the Authority may then
impose obligations on sharing of active infrastructure.
(7) In the exercise of its functions under this regulation the
Authority shall have regard to:
(a) the need to maximise connectivity throughout the
European Union, along major transport paths and in particular
territorial areas, and to the possibility to significantly increase
choice and higher quality of service for end-users;
(b) the efficient use of radio spectrum;
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(c) the technical feasibility of sharing and associated
conditions; 
(d) the state of infrastructure-based as well as service-
based competition;
(e) technological innovation; and 
(f) the overriding need to support the incentive of the
host to roll out the infrastructure in the first place.
Provided that in the event of dispute resolution, the Authority
may, inter alia , impose on the beneficiary of the sharing or access
obligation, the obligation to share radio spectrum with the
infrastructure host in the relevant area.
Cap. 418. (8) Obligations and conditions imposed in accordance with sub-
regulations (1) to (7) shall be objective, transparent, proportionate and
non-discriminatory, and shall be implemented in accordance with the
procedures referred to in article 4A of the Malta Communications
Authority Act , and in regulations 21 and 22: 
Provided that the Authority shall assess the results of any such
obligations and conditions within five years after the adoption of the
previous measure adopted in relation to the same undertakings, and in
doing so assess whether it would be appropriate to withdraw or amend
them in light of evolving conditions. The Authority shall notify the
outcome of its assessment in accordance with the procedures referred
to in article 4A of the Malta Communications Authority Act and in
regulations 21 and 22. 
Cap. 418.(9) For the purpose of sub-regulations (1) and (2), the Authority
may intervene on its own initiative where justified in order to secure
the policy objectives of article 4 of the Act and, in particular with the
procedures referred to in article 4A of the Malta Communications
Authority Act, and regulation 21.
(10) The Authority shall take the utmost account of any guidelines
issued by BEREC in accordance with Article 61(7) of the Electronic
Communications Code when defining the location of network
termination points.
Access to in-
building 
physical 
infrastructure. 49. (1) In this regulation the words "rights holder" means the
holder of a right to use an access point or the in-building physical
infrastructure.
Cap. 81. (2) The provisions of article 2 of the Utilities and Services
(Regulation of Certain Works) Act shall, unless provided otherwise,
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apply with regard to the provisions of this regulation.
(3) The rights holder shall meet all reasonable requests for access
from public electronic communications network operators under fair
and non-discriminatory terms and conditions.
(4) The rights holder shall not, in relation to the use of, and access
to, the access point or in-building physical infrastructure by a public
electronic communications network operator impose any rent or other
charges , however so described , on the public electronic
communications network operator:
Provided that where the rights holder incurs any reasonable
cost in providing access to the public electronic communications
network operator to carry out works related to the deployment,
maintenance and repair of its network, the rights holder may recover
such cost from the public electronic communication network operator
on a cost-recovery basis .
(5) A public electronic communications network operator has the
right:
(a) to roll out its network at its own costs up to the access
point; and
(b) to access any existing in-building physical
infrastructure with a view to deploying a high-speed electronic
communications network if duplication is technically impossible
or economically inefficient:
Provided that if access referred to in paragraphs (a) or (b) is
not achieved within two months from the date of receipt of a formal
written request for access, then an aggrieved party may refer the
dispute to the Dispute Resolution Board in order to assess compliance
with the requirements provided within the aforesaid paragraphs.
Cap. 81.(6) The Dispute Resolution Board shall in determining any
dispute referred to it in accordance with this regulation, take full
account of the principle of proportionality, issue a binding decision to
resolve the dispute raised within the shortest possible time frame and
in any case within two months from the date of the receipt of the
complete request , except in exceptional circumstances in accordance
with article 32 of the Utilities and Services (Regulation of Certain
Works) Act.
(7) The Authority may, after having consulted with any other
utility regulatoras the case may be and with any such other public
sector body as it may consider necessary in the circumstances, provide
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for exemptions from the rights provided for in sub-regulation (5) for
buildings where access to an existing network that terminates at the
location of the end-user and that is suitable for the provision of high-
speed electronic communications services, is ensured on objective,
transparent, proportionate and non-discriminatory terms and
conditions.
(8) In the absence of available high-speed-ready in-building
infrastructure, a public electronic communications network operator
may terminate its network at the premises of the end-user without
prejudice to the agreement of the end-user, provided that it minimizes
the impact on the private property of third parties, and does so at its
own cost.
(9) The provisions of this regulation are without prejudice to the
right to property of the owner of the access point or the in-building
physical infrastructure, in cases where the holder of a right to use that
infrastructure or access point is not the owner thereof, and to the right
to property of other third parties such as landowners and building
owners.
(10) A person suffering damages as a result of the exercise of the
rights under this regulation shall be entitled to adequate financial
compensation in accordance with applicable national legislation.
Conditional 
access systems 
and other 
facilities.50. (1)  The conditions laid down in Part I of the Second
Schedule apply in relation to conditional access to digital television
and radio services broadcast to viewers and listeners in the European
Union, irrespective of the means of transmission.
Cap. 418.(2) Where, as a result of a market analysis carried out in
accordance with regulation 54(1), (2), (3) and (4), the Authority finds
that one or more undertakings  do not have significant market power on
the relevant market, it may amend or withdraw the conditions with
respect to those undertakings, in accordance with the procedures
referred to in article 4A of the Malta Communications Authority Act
and regulation 21, only to the extent that:
(a) accessibility for end-users to radio and television
broadcasts and broadcasting channels and services specified in
accordance with regulation 101 would not be adversely affected
by such amendment or withdrawal; and
(b) the prospects for effective competition in the
following markets would not be adversely affected by such
amendment or withdrawal:
(i) retail digital television and radio broadcasting
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services; and
(ii) conditional access systems and other associated
facilities.
Provided that the Authority shall give an appropriate notice
period to parties affected by such amendment or withdrawal of
conditions. 
(3) Conditions applied in accordance with this regulation are
without prejudice to the faculty of the Authority to impose obligations
in relation to the presentational aspect of EPGs and similar listing and
navigation facilities.
(4) Notwithstanding sub -regulation (1), the Authority may,
periodically review the conditions applied in accordance with this
regulation, by undertaking a market analysis in accordance with
regulation 54(1), (2), (3) and (4) to determine whether to maintain,
amend or withdraw the conditions applied.
Market analysis 
and significant 
market power - 
Undertakings 
with significant 
market power.51.(1) The provisions of this regulation shall apply where these
regulations require that the Authority determines whether an
undertaking has significant market power in accordance with the
procedure referred to in regulation 54.
(2) An undertaking shall be deemed to have significant market
power if, either individually or jointly with others, it enjoys a position
equivalent to dominance, namely a position of economic strength
affording it the power to behave to an appreciable extent
independently of competitors, customers and ultimately consumers.
(3) The Authority shall, when assessing whether two or more
undertakings are in a joint dominant position in a market, act in
accordance with European Union law, and shall take into the utmost
account the guidelines on market analysis and the assessment of
significant market power published by the European Commission
pursuant to regulation 52.
(4) Where an undertaking has significant market power on a
specific market, the Authority may also designate that undertaking as
having significant market power on a closely related market, where the
links between the two markets allow the market power held on the
specific market to be leveraged into the closely related market, thereby
strengthening the market power of the undertaking. In such instances
the Authority may consider remedies aiming to prevent the application
of such leverage in the closely related market pursuant to regulations
56, 57, 58 and 61.
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Procedure for 
the 
identification 
and definition of 
markets, and for 
the 
identification of 
transnational 
markets. 
Cap. 418.52. (1)  The Authority shall, taking the utmost account of the
Recommendation on Relevant Product and Service Markets and of the
SMP guidelines published by the European Commission in accordance
with the provisions of Article 64(1) and (2) of the Electronic
Communications Code, define relevant markets appropriate to national
circumstances, in particular relevant geographic markets within Malta
by taking into account , inter alia,  the degree of infrastructure
competition in those areas, in accordance with the principles of
competition law: 
Provided that the Authority shall, where relevant, also take
into account the results of the geographical survey conducted in
accordance with regulation 17(1) to (5). In doing so the Authority shall
follow the procedures referred to in article 4A of the Malta
Communications Authority Act and in regulation 21 before defining
the markets that may differ from those identified in the aforesaid
Recommendation of the European Commission. 
(2) If the European Commission, or the Authority and at least
another national regulatory authority from another Member State
submit a reasoned request, including supporting evidence, BEREC
shall conduct an analysis of a potential transnational market. After
consulting stakeholders and taking utmost account of the analysis
carried out by BEREC, the European Commission may adopt
decisions identifying transnational markets in accordance with the
principles of competition law and taking utmost account of the
Recommendation and SMP guidelines adopted in accordance with
Article 64 of the Electronic Communications Code. 
(3) In the case of transnational markets identified in accordance
with sub -regulation (2), the Authority and the national regulatory
authority or authorities of the other Member State or States concerned
shall jointly conduct the market analysis taking the utmost account of
the SMP guidelines and, in a concerted fashion, shall decide on any
imposition, maintenance, amendment or withdrawal of regulatory
obligations referred to in regulation 54(8) and in Article 67(4) of the
Electronic Communications Code. The Authority together with the
national regulatory authority or authorities of the other Member State
or States concerned shall jointly notify to the European Commission
their draft measures regarding the market analysis and any regulatory
obligations pursuant to regulations 21 and 22 and to Articles 32 and 33
of the Electronic Communications Code:
Provided that the Authority and one or more national
regulatory authorities from other Member State or States may also
jointly notify their draft measures regarding the market analysis  and
any regulatory obligati ons in the absence of transnational markets,
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where they consider that market conditions in the respective
jurisdictions are sufficiently homogeneous.
Procedure for 
the 
identification of 
transnational 
demand.53. The Authority shall take into utmost account any guidelines
that BEREC may issue in accordance with the provisions of Article 66
of the Electronic Communications Code when performing its
regulatory tasks. Such guidelines may provide the basis for
interoperability of wholesale access products across the European
Union and may include guidance for the harmonisation of technical
specifications of wholesale access products capable of meeting such
identified transnational demand.
Market analysis 
procedure.54.(1) The Authority shall determine whether a relevant
market defined in accordance with regulation 52 is such as to justify
the imposition of the regulatory obligations set out under the Act and
these regulations. In doing so the Authority shall carry out an analysis,
where appropriate, in collaboration with the national competition
authorities. 
(2) The Authority shall take utmost account of the SMP
guidelines and shall follow the procedures referred to in article 4A of
the Malta Communications Authority Act and in regulation 21 when
conducting such analysis.
(3) A market may be considered to justify the imposition of
regulatory obligations set out in these regulations if all of the
following criteria are met:
(a) high and non-transitory structural, legal or regulatory
barriers to entry are present;
(b) there is a market structure which does not tend
towards effective competition within the relevant time horizon,
having regard to the state of infrastructure-based competition
and other sources of competition underlying the barriers to entry;
and
(c) competition law alone is insufficient to adequately
address any identified market failures.
(4) Where the Authority conducts an analysis of a market that is
included in the Recommendation on the Relevant Product and Service
Markets, it shall consider that sub -regulation (3)(a), (b) and (c) have
been met, unless the Authority determines that one or more of such
criteria is not met in the specific national circumstances.
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Cap. 81. (5) Where the Authority conducts the analysis required by sub -
regulation (1), it shall consider developments from a forward-looking
perspective in the absence of regulation imposed on the basis of this
regulation in that relevant market, taking into account all of the
following:
(a) market developments affecting the likelihood of the
relevant market tending towards effective competition;
(b) all relevant competitive constraints, at the wholesale
and retail levels, irrespective of whether the sources of such
constraints are considered to be electronic communications
networks, electronic communications services, or other types of
services or applications which are comparable from the
perspective of the end-user, and irrespective of whether such
constraints are part of the relevant market;
(c) other types of regulation or measures imposed and
affecting the relevant market or related retail market or markets
throughout the relevant period, including, without limitation,
obligations imposed in accordance with article 4A of the Utilities
and Services (Regulation of Certain Works) Act, and with
regulations 47 and 48; and
(d) regulatory obligations imposed on other relevant
markets on the basis of this regulation. 
(6) Where the Authority concludes that a relevant market does
not justify the imposition of regulatory obligations in accordance with
the procedure in sub- regulations (1) to (5), or where the conditions set
out in sub -regulation (8) are not met, it shall not impose or maintain
any specific regulatory obligations in accordance with regulation 55: 
Provided that where there already are sector specific
regulatory obligations imposed in accordance with regulation 55, the
Authority shall withdraw such obligations placed on undertakings in
that relevant market.
(7) The Authority shall ensure that parties affected by a
withdrawal of obligations done in accordance with this regulation,
receive an appropriate notice period, defined by balancing the need to
ensure a sustainable transition for the beneficiaries of those obligations
and end-users, end-user choice, and that regulation does not continue
for longer than necessary: 
Provided that when setting such a notice period, the Authority
may determine specific conditions and notice periods in relation to
existing access agreements.
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(8) Where the Authority determines that, in a relevant market the
imposition of regulatory obligations in accordance with sub -
regulations (1) to (5) is justified, it shall identify any undertakings
which individually or jointly have a significant market power on that
relevant market in accordance with regulation 51. In doing so the
Authority shall impose on such undertakings appropriate specific
regulatory obligations in accordance with regulation 55 or maintain or
amend such obligations where they already exist if it considers that the
outcome for end-users would not be effectively competitive in the
absence of those obligations.
Cap. 418.(9) The Authority shall act in accordance with the procedures
referred to in article 4A of the Malta Communications Authority Act
and regulation 21, when taking measures in accordance with sub -
regulations (6), (7) and (8). In doing so the Authority shall carry out an
analysis of the relevant market and notify the corresponding draft
measure in accordance with regulation 21:
(a) within five years from the adoption of a previous
measure where the Authority has defined the relevant market and
determined which undertakings have significant market power: 
Provided that the aforesaid five year period may, on an
exceptional basis, be extended for up to one year, where the Authority
has notified a reasoned proposal for an extension to the European
Commission no later than four months before the expiry of the five
year period, and the European Commission has not objected within
one month of the notified extension; or 
(b) within three years from the adoption of a revised
Recommendation on relevant markets, for markets not
previously notified to the European Commission. 
(10) Where the Authority considers that it may not complete or has
not completed its analysis of a relevant market identified in the
Recommendation within the time limit laid down in sub -regulation (9),
the Authority may request BEREC to provide it with assistance in
completing the analysis of the specific market and the specific
obligations to be imposed. With this assistance, the Authority shall,
within six months of the limit laid down in sub -regulation (9), notify
the draft measure to the European Commission in accordance with
regulation 21.
Imposition, 
amendment or 
withdrawal of 
obligations.55.(1)  Where an undertaking is designated as having
significant market power on a specific market as a result of a market
analysis carried out in accordance with regulation 54, the Authority
shall, as it considers appropriate, impose the obligations set out in
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regulations 56 to 61 and 63 to 67. 
(2) In accordance with the principle of proportionality, the
Authority shall choose the least intrusive way of addressing the
problems identified in the market analysis.
Kap. 81.
S.L. 586.01.(3) The Authority shall impose the obligations set out in
regulations 56 to 61 and 63 to 67 only on undertakings that have been
designated as having significant market power in accordance with sub-
regulations (1) and (2), without prejudice to:
(a) regulations 48 and 50;
(b) article 4A of the Utilities and Services (Regulation of
Certain Works) Act, regulation 13, Condition 7 in Part D of the
First Schedule as applied by virtue of regulation 7(1), regulations
83 and 94 and the relevant provisions as contained in Part XIII
and in the Processing of Personal Data (Electronic
Communications Sector) Regulations containing obligations on
undertakings other than those designated as having significant
market power; or
(c) the need to comply with international commitments.
(4) In exceptional circumstances, where the Authority intends to
impose on undertakings designated as having significant market power
obligations for access or interconnection other than those set out in
regulations 56 to 61 and 63 to 67, the Authority shall submit a request
to the European Commission.
(5) Any obligations imposed in accordance with this regulation
shall be:
(a) based on the nature of the problem identified by the
Authority in its market analysis, where appropriate taking into
account the identification of transnational demand pursuant to
regulation 53;
(b) proportionate, having regard, where possible, to the
costs and benefits; 
(c) justified in light of the objectives laid down in article
4 of the Act; and
Cap. 418.(d) imposed following consultation in accordance with
article 4A of the Malta Communications Authority Act and
regulation 21.
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(6) In relation to the need to comply with international
commitments referred to in sub-regulation (3), the Authority shall
notify decisions to impose, amend or withdraw obligations on
undertakings to the European Commission, in accordance with the
procedure referred to in regulation 21.
(7) The Authority shall consider the impact of new market
developments, such as in relation to commercial agreements, including
co-investment agreements, influencing competitive dynamics. If such
developments are not sufficiently important to require a new market
analysis in accordance with regulation 54, the Authority shall assess
without delay whether it is necessary to review the obligations
imposed on undertakings designated as having significant market
power and amend any previous decision, including by withdrawing
obligations or imposing new obligations, in order to ensure that such
obligations continue to meet the conditions set out in sub-regulation
(5): 
Cap. 418.Provided that such amendments shall be imposed only after
consultations in accordance with article 4A of the Malta
Communications Authority Act and regulation 21. 
Obligation of 
transparency.56.(1) The Authority may, in accordance regulation 55, impose
obligations of transparency in relation to interconnection and, or
access, requiring undertakings to make public specific information,
such as accounting information, prices, technical specifications,
network characteristics and expected developments thereof, as well as
terms and conditions for supply and use, including any conditions
altering access to or use of services and applications, in particular with
regard to migration from legacy infrastructure, where such conditions
are allowed by the Authority in accordance with European Union law.
(2) The Authority may in particular where an undertaking has
obligations of non-discrimination, require that undertaking to publish a
reference offer, which shall be sufficiently unbundled to ensure that
undertakings are not required to pay for facilities which are not
necessary for the service requested. The offer shall contain a
description of the relevant offerings broken down into components
according to market needs, and the associated terms and conditions,
including prices: 
Provided that the Authority may, inter alia, impose changes to
reference offers to give effect to obligations imposed under these
regulations. 
(3) The Authority may specify the precise information to be made
available, the level of detail required and the manner of publication.
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(4) Notwithstanding sub-regulation (3), where an undertaking has
obligations under regulations 59 or 60 concerning wholesale access to
network infrastructure, the Authority shall ensure the publication of a
reference offer taking utmost account of the BEREC guidelines on the
minimum criteria for a reference offer made in accordance with Article
69(4) of the Electronic Communications Code, and that key
performance indicators are specified, where relevant, as well as
corresponding service levels, and shall closely monitor and ensure
compliance with them: 
Provided that the Authority may, where necessary,
predetermine the associated financial penalties in accordance with
European Union law and national legislation .
Obligations of 
non-
discrimination.57.(1) The Authority may, in accordance with regulation 55,
impose obligations of non-discrimination, in relation to
interconnection and, or access.
(2) Obligations of non-discrimination shall ensure, in particular,
that the undertaking applies equivalent conditions in equivalent
circumstances to other providers of equivalent services, and provides
services and information to others under the same conditions and of
the same quality as it provides for its own services, or those of its
subsidiaries or partners: 
Provided that the Authority may impose on any such
undertaking obligations to supply access products and services to all
undertakings, including to itself, on the same timescales, terms and
conditions, including those relating to price and service levels, and by
means of the same systems and processes, in order to ensure
equivalence of access:
Provided further that such obligations of non-discrimination
may be based on equivalence of inputs or equivalence of outputs as
may be established by the Authority on a case by case basis.
Obligation of 
accounting 
separation.58.(1) The Authority may, in accordance with regulation 55,
impose obligations for accounting separation in relation to specified
activities related to interconnection and, or access.
(2) Without prejudice to the generality of sub-regulation (1), the
Authority may require a vertically integrated undertaking to make
transparent its wholesale prices and its internal transfer prices, inter
alia to ensure compliance where there is an obligation of non-
discrimination under regulation 57 or, where necessary, to prevent
unfair cross-subsidy. In doing so that Authority may specify the format
and accounting methodology to be used.
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(3) Without prejudice to regulation 15, in order to facilitate the
verification of compliance with obligations of transparency and non-
discrimination, the Authority may require that accounting records,
including data on revenues received from third parties, are provided on
request. 
(4) The Authority may publish information that would contribute
to an open and competitive market. In so doing , the Authority shall
comply with European Union law and national legislation on
commercial confidentiality.
Access to civil 
engineering.59. (1)  The Authority may, in accordance with regulation 55,
impose obligations on undertakings to meet reasonable requests for
access to, and use of, civil engineering assets including, but not limited
to, buildings or entries to buildings, building cables, including wiring,
antennae, towers and other supporting constructions, poles, masts,
ducts, conduits, inspection chambers, manholes and cabinets, in
situations where, having considered the market analysis, the Authority
concludes that denial of access, or access given under unreasonable
terms and conditions having a similar effect, would hinder the
emergence of a sustainable competitive market and would not be in the
interest of end-users.
(2) The Authority may impose obligations on an undertaking to
provide access in accordance with this regulation, irrespective of
whether the assets that are affected by the obligation are part of the
relevant market in accordance with the market analysis, provided that
the obligation is necessary and proportionate to meet the objectives of
article 4 of the Act.
Obligations of 
access to, and 
use of, specific 
network 
elements and 
associated 
facilities.60.(1)  The Authority may, in accordance with regulation 55,
impose obligations on undertakings to meet reasonable requests for
access to, and use of, specific network elements and associated
facilities, in situations where the Authority considers that denial of
access or unreasonable terms and conditions having a similar effect
would hinder the emergence of a sustainable competitive market at the
retail level, and would not be in the interest of the end-user.
(2) When undertaking any measures in accordance with this
regulation, the Authority may require undertakings inter alia :
(a) to give third parties access to, and use of, specific
physical network elements and associated facilities, as
appropriate, including unbundled access to the local loop and
sub-loop;
(b) to give third parties access to specific active or
virtual network elements and services;
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(c) to negotiate in good faith with undertakings
requesting access; 
(d) not to withdraw access to facilities already granted; 
(e) to provide specific services on a wholesale basis for
resale by third parties;
(f) to grant open access to technical interfaces, protocols
or other key technologies that are indispensable for the
interoperability of services or virtual network services;
(g) to provide co-location or other forms of associated
facilities sharing;
(h) to provide specific services needed to ensure
interoperability of end-to-end services to users, or roaming on
mobile networks; 
(i) to provide access to operational support systems or
similar software systems necessary to ensure fair competition in
the provision of services;
(j) to interconnect networks or network facilities;
(k) to provide access to associated services such as
identity, location and presence service.
Provided that the Authority may require that any of these
obligations are subject to conditions covering fairness, reasonableness
and timeliness.
(3) Where the Authority considers the appropriateness of
imposing any of the possible specific obligations referred to in sub-
regulations (1) and (2), and in particular where the Authority assesses,
in accordance with the principle of proportionality, whether and how
such obligations are to be imposed, the Authority shall analyse
whether other forms of access to wholesale inputs, either on the same
or on a related wholesale market, would be sufficient to address the
identified problem in the interest of end-users. 
(4) An assessment done in accordance with sub-regulation (3)
shall include commercial access offers, regulated access pursuant to
regulation 48, or existing or planned regulated access to other
wholesale inputs pursuant to this regulation. In doing so the Authority
shall take account in particular of the following factors:
(a) the technical and economic viability of using or
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installing competing facilities, in light of the rate of market
development, considering the nature and type of interconnection
or access involved, including the viability of other upstream
access products, such as access to ducts;
(b) the expected technological evolution affecting
network design and management;
(c) the need to ensure technology neutrality enabling the
parties to design and manage their own networks;
(d) the feasibility of providing the access offered, in
relation to the capacity available;
(e) the initial investment by the facility owner, taking
account of any public investment made and the risks involved in
making the investment, with particular regard to investments in,
and risk levels associated with, very high capacity networks;
(f) the need to safeguard competition in the long term,
with particular attention to economically efficient infrastructure-
based competition and innovative business models that support
sustainable competition, such as those based on co-investment in
networks;
(g) where appropriate, any relevant intellectual property
rights; and 
(h) the provision of pan-European services.
(5) Where the Authority considers, in accordance with regulation
55, imposing obligations on the basis of regulation 59 or of this
regulation, it shall examine whether the imposition of obligations in
accordance with regulation 59 alone would be a proportionate means
by which to promote competition and the interest of end-users. 
(6) When imposing obligations on an undertaking to provide
access in accordance with this regulation, the Authority may lay down
technical or operational conditions to be met by the provider or the
beneficiaries of such access, where it considers necessary to ensure
normal operation of the network: 
Provided that any obligations to meet specific technical
standards or specifications shall comply with the standards and
specifications laid down in accordance with regulation 26.
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Price control 
and cost 
accounting 
obligations.61.(1) The Authority may, in accordance with regulation 55,
impose obligations relating to cost recovery and price control,
including obligations for cost orientation of prices and obligations
concerning cost-accounting systems, for the provision of specific types
of interconnection and, or access, in situations where a market analysis
indicates that a lack of effective competition means that the
undertaking concerned may sustain prices at an excessively high level,
or may apply a price squeeze, to the detriment of end-users.
(2) In determining whether price control obligations would be
appropriate, the Authority shall take into account the need to promote
competition and long-term end-user interests related to the deployment
and take-up of next-generation networks, and in particular of very high
capacity networks. In particular, to encourage investments by the
undertaking, including in next-generation networks, the Authority
shall take into account the investment made by the undertaking: 
Provided that where the Authority considers price control
obligations to be appropriate, it shall allow the undertaking a
reasonable rate of return on adequate capital employed, taking into
account any risks specific to a particular new investment network
project.
(3) The Authority shall consider not imposing or maintaining
obligations pursuant to this regulation, where the Authority establishes
that a demonstrable retail price constraint is present and that any
obligations imposed in accordance with regulations 56 to 60,
including, in particular, any economic replicability test imposed in
accordance with regulation 57, ensures effective and non-
discriminatory access.
(4) When the Authority considers it appropriate to impose price
control obligations on access to existing network elements, the
Authority shall also take account of the benefits of predictable and
stable wholesale prices in ensuring efficient market entry and
sufficient incentives for all undertakings to deploy new and enhanced
networks.
(5) The Authority shall ensure that any cost recovery mechanism
or pricing methodology that is mandated serves to promote the
deployment of new and enhanced networks, efficiency and sustainable
competition and maximises sustainable end-user benefits. In this
regard, the Authority may also take account of prices available in
comparable competitive markets.
(6) Where an undertaking has an obligation regarding the cost
orientation of its prices, the burden of proof that charges are derived
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from costs, including a reasonable rate of return on investment, shall
lie with the undertaking concerned. For the purpose of calculating the
cost of efficient provision of services, the Authority may use cost
accounting methods independent of those used by the undertaking: 
Provided that the Authority may require an undertaking to
provide full justification for its prices, and may, where appropriate,
require prices to be adjusted.
(7) The Authority shall ensure that, where implementation of a
cost-accounting system is mandated in order to support price control, a
description of the cost-accounting system shall be made publicly
available by the undertaking concerned, showing at least the main
categories under which costs are grouped and the rules used for the
allocation of costs: 
Provided that a qualified independent body shall verify
compliance with the cost-accounting system and shall publish annually
a statement concerning compliance. The cost of any such verification
shall be borne by the undertaking concerned. 
Termination 
rates.62.(1) The Authority shall closely monitor, and ensure
compliance with, the application of the European Union-wide voice
termination rates by providers of voice termination services pursuant
to Article 75 of the Electronic Communications Code:
Provided that the Authority may, at any time, require a
provider of voice termination services to amend the rate it charges to
other undertakings if it does not comply with the delegated act referred
to in paragraph 1 of Article 75 of the Electronic Communications
Code. 
(2) The Authority shall annually report to the European
Commission and to BEREC with regard to its application of Article 75
of the Electronic Communications Code.
(3) Where the European Commission decides, following its
review in accordance with paragraph 2 of Article 75 of the Electronic
Communications Code, not to impose a maximum mobile voice
termination rate or a maximum fixed voice termination rate, or to
impose neither one, the Authority may then conduct a market analysis
of voice termination markets in accordance with regulation 54, to
assess whether the imposition of regulatory obligations is necessary.
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Cap. 418.(4) If as a result of an analysis undertaken in accordance with
sub-regulation (3), the Authority decides to impose cost-oriented
termination rates in a relevant market, the Authority shall follow the
principles, criteria and parameters set out in the Third Schedule, and
its draft measure shall be subject to the procedures referred to in article
4A of the Malta Communications Authority Act, and in regulations 21
and 22.
Regulatory 
treatment of 
new very high 
capacity 
network 
elements.63.(1) Undertakings which have been designated as having
significant market power in one or several relevant markets in
accordance with regulation 54, may offer commitments, in accordance
with the procedure set out in regulation 66 and without prejudice to
sub-regulation (2), to open the deployment of a new very high capacity
network that consists of optical fibre elements up to the end-user
premises or base station to co-investment, for example by offering co-
ownership or long-term risk sharing through co-financing or through
purchase agreements giving rise to specific rights of a structural
character by other providers of electronic communications networks or
services.
(2) When the Authority assesses commitments made in
accordance with sub -regulation (1), the Authority shall determine, in
particular, whether the offer to co-invest complies with all of the
following conditions:
(a) that the offer is open at any moment during the
lifetime of the network to any provider of electronic
communications networks or services;
(b) that the offer would allow other co-investors which
are providers of electronic communications networks or services
to compete effectively and sustainably in the long term in
downstream markets in which the undertaking designated as
having significant market power is active, on terms which
include:
(i) fair, reasonable and non-discriminatory terms
allowing access to the full capacity of the network to the
extent that it is subject to co-investment;
(ii) flexibility in terms of the value and timing of
the participation of each co-investor;
(iii) the possibility to increase such participation in
the future; and
(iv) reciprocal rights awarded by the co-investors
after the deployment of the co-invested infrastructure;
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(c) it is made public by the undertaking in a timely
manner and, if the undertaking does not have the characteristics
listed in regulation 67(1), at least six months before the start of
the deployment of the new network, then that period may be
prolonged by the Authority at its discretion for such reasonable
period as it may consider appropriate. In so doing , the Authority
shall take due account of national circumstances;
(d) access seekers not participating in the co-investment
can benefit from the outset from the same quality, speed,
conditions and end-user reach as were available before the
deployment, accompanied by a mechanism of adaptation over
time confirmed by the Authority in light of developments on the
related retail markets, that maintains the incentives to participate
in the co-investment: 
Provided that such mechanism shall ensure that access seekers
have access to the very high capacity elements of the network at a
time, and on the basis of transparent and non-discriminatory terms,
which reflect appropriately the degrees of risk incurred by the
respective co-investors at different stages of the deployment and take
into account the competitive situation in retail markets;
(e) it complies at a minimum with the criteria set out in
the Fourth Schedule and is made in good faith.
(3) If the Authority concludes, taking into account the results of
the market test conducted in accordance with regulation 66(2) and (3),
that the co-investment commitment offered complies with the
conditions set out in sub-regulation (2), then the Authority shall make
that commitment binding pursuant to regulation 66(5) to (8) and shall
not impose any additional obligations pursuant to regulation 55 as
regards the elements of the new very high capacity network that are
subject to the commitments, if at least one potential co-investor has
entered into a co-investment agreement with the undertaking
designated as having significant market power: 
Provided that the provisions of this sub -regulation shall be
without prejudice to the regulatory treatment of circumstances that do
not comply with the conditions set out in sub -regulation (2), taking
into account the results of any market test conducted in accordance
with regulation 66(2) and (3), but that have an impact on competition
and are taken into account for the purposes of regulations 54 and 55:
Provided further that by way of derogation from this sub -
regulation the Authority may, in duly justified circumstances, impose,
maintain or adapt remedies in accordance with regulations 55 to 61 as
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regards new very high capacity networks in order to address
significant competition problems on specific markets, where the
Authority establishes that, given the specific characteristics of these
markets, those competition problems would not otherwise be
addressed.
Cap. 418. (4) The Authority shall, on an ongoing basis, monitor compliance
with the conditions set out in sub -regulation (1) and may require the
undertaking designated as having significant market power to provide
it with annual compliance statements: 
Provided that this regulation shall be without prejudice to the
power of the Authority to take decisions pursuant to article 43 of the
Malta Communications Authority Act in the event of a dispute arising
between undertakings in connection with a co-investment agreement
considered by the Authority to comply with the conditions set out in
sub-regulation (2).
Functional 
separation.64.(1) Where the Authority concludes that the appropriate
obligations imposed under regulations 56 to 61 have failed to achieve
effective competition and that there are important and persisting
competition problems or market failures identified in relation to the
wholesale provision of certain access product markets, it may, on an
exceptional basis, in accordance with regulation 55(4), impose an
obligation on vertically integrated undertakings to place activities
related to the wholesale provision of relevant access products in a
business entity operating independently:
Provided that such business entity shall supply access
products and services to all undertakings, including to other business
entities within the parent company, on the same time  scales and terms
and conditions, including those relating to price and service levels, and
by means of the same systems and processes.
(2) When the Authority intends to impose an obligation of
functional separation, it shall submit a request to the European
Commission that includes:
(a) evidence justifying the conclusions of the Authority
as referred to in sub -regulation (1);
(b) a reasoned assessment concluding that there is no , or
little prospect of effective and sustainable infrastructure-based
competition within a reasonable time-frame;
(c) analysis of the expected impact on the Authority, on
the undertaking, in particular on the workforce of the separated
undertaking, and on the electronic communications sector as a
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whole, and on incentives to invest therein, in particular with
regard to the need to ensure social and territorial cohesion, and
on other stakeholders including, in particular, the expected
impact on competition and any potential resulting effects on
consumers;
(d) an analysis of the reasons justifying that this
obligation would be the most efficient means to enforce remedies
aimed at addressing the competition problems or the markets
failures identified. 
(3) The draft measure shall include the following elements:
(a) the precise nature and level of separation, specifying
in particular the legal status of the separate business entity;
(b) an identification of the assets of the separate business
entity, and the products or services to be supplied by that entity;
(c) the governance arrangements to ensure the
independence of the staff employed by the separate business
entity, and the corresponding incentive structure;
(d) rules for ensuring compliance with the obligations;
(e) rules for ensuring transparency of operational
procedures, in particular towards other stakeholders; and
(f) a monitoring programme to ensure compliance,
including the publication of an annual report.
Cap. 418.(4) Following the decision of the European Commission taken in
accordance with regulation 55(3) on the draft measure referred to
therein, the Authority shall conduct a coordinated analysis of the
different markets related to the access network in accordance with the
procedure set out in regulation 54. On the basis of that analysis, the
Authority shall impose, maintain, amend or withdraw obligations, in
accordance with the procedures set out in article 4A of the Malta
Communications Authority Act and in regulation 21.
(5) An undertaking on which functional separation has been
imposed may be subject to any of the obligations referred to in
regulations 56 to 61 in any specific market where it has been
designated as having significant market power in accordance with
regulation 54, or any other obligations authorised by the European
Commission pursuant to regulation 55(3).
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Voluntary 
separation by a 
vertically 
integrated 
undertaking.65.(1)  Undertakings which have been designated as having
significant market power in one or several relevant markets in
accordance with regulation 54 shall inform the Authority at least three
months before any intended transfer of their local access network
assets or a substantial part thereof to a separate legal entity under
different ownership, or establishment of a separate business entity in
order to provide all retail providers, including its own retail divisions,
with fully equivalent access products:
Provided that such undertakings shall also inform the
Authority of any change of that intent, as well as the final outcome of
the process of separation:
Provided further that such undertakings may also offer
commitments regarding access conditions that are to apply to their
network during an implementation period after the proposed form of
separation is implemented, with a view to ensuring effective and non-
discriminatory access by third parties. The offer of commitments shall
include sufficient details, including in terms of timing of
implementation and duration, in order to allow the Authority to
conduct its tasks in accordance with sub-regulation (2). Such
commitments may extend beyond the maximum period for market
reviews set out in regulation 54(9).
(2) The Authority shall assess the effect of the intended
transaction, together with the commitments offered, where applicable,
on existing regulatory obligations under these regulations: 
Cap. 418. Provided that for this purpose, the Authority shall conduct an
analysis of the different markets related to the access network in
accordance with the procedure set out in regulation 54, taking into
account any commitments offered by the undertaking, having regard in
particular to the objectives set out in article 4 of the Act. In so doing,
the Authority shall consult third parties in accordance with article 4A
of the Malta Communications Authority Act, and shall address, in
particular, those third parties which are directly affected by the
intended transaction:
Provided further that , on the basis of its analysis, the
Authority shall impose, maintain, amend or withdraw obligations, in
accordance with the procedures set out in article 4A of the Malta
Communications Authority Act and in regulation 21, applying, if
appropriate, regulation 67. In its decision, the Authority may make the
commitments binding, totally or in part. By way of derogation from
regulation 54(9), the Authority may make the commitments binding,
totally or in part, for the entire period for which they are offered.
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(3) Without prejudice to regulation 67, the legally or
operationally separate business entity that has been designated as
having significant market power in any specific market in accordance
with regulation 54 may be subject, as appropriate, to any of the
obligations referred to in regulations 56 to 61 or any other obligations
authorised by the European Commission pursuant to regulation 55(3),
where any commitments offered are insufficient to meet the objectives
set out in article 4 of the Act.
(4) The Authority shall monitor the implementation of the
commitments offered by the undertakings that the Authority has made
binding in accordance with sub-regulation (2) and shall consider their
extension when the period for which they are initially offered has
expired.
Commitments 
procedure. 66.(1)  Undertakings designated as having significant market
power may offer to the Authority commitments regarding conditions
for access, co-investment, or both, applicable to their networks in
relation, inter alia,  to:
(a) cooperative arrangements relevant to the assessment
of appropriate and proportionate obligations pursuant to
regulation 55;
(b) co-investment in very high capacity networks
pursuant to regulation 63; or
(c) effective and non-discriminatory access by third
parties pursuant to regulation 65, both during an implementation
period of voluntary separation by a vertically integrated
undertaking and after the proposed form of separation is
implemented.
Provided that the offer for commitments shall be sufficiently
detailed including as to the timing and scope of their implementation
and their duration, to allow the Authority to undertake its assessment
pursuant to sub -regulations (2) and (3). Such commitments may extend
beyond the periods for carrying out market analysis provided in
regulation 54(9).
(2) In order to assess any commitments offered by an undertaking
pursuant to sub-regulation (1), the Authority shall, except where such
commitments clearly do not fulfil one or more relevant conditions or
criteria, perform a market test, in particular on the offered terms, by
conducting a public consultation of interested parties, in particular of
third parties which are directly affected. As part of such a consultation,
potential co-investors or access seekers may provide views on the
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compliance of the commitments offered with the conditions provided,
as applicable, in regulations 55, 63 or 65 and may propose changes.
(3) As regards the commitments offered under this regulation, the
Authority shall, when assessing obligations pursuant to regulation
55(5), have particular regard to:
(a) evidence regarding the fair and reasonable character
of the commitments offered;
(b) the openness of the commitments to all market
participants;
(c) the timely availability of access under fair, reasonable
and non-discriminatory conditions, including to very high
capacity networks, before the launch of related retail services;
and 
(d) the overall adequacy of the commitments offered to
enable sustainable competition on downstream markets and to
facilitate cooperative deployment and take-up of very high
capacity networks in the interest of end-users.
(4) Taking into account all the views expressed in the
consultation, and the extent to which such views are representative of
different stakeholders, the Authority shall communicate to the
undertaking designated as having significant market power its
preliminary conclusions whether the commitments offered comply
with the objectives, criteria and procedures set out in this regulation
and, as applicable, in regulations 55, 63 or 65, and under which
conditions it may consider making the commitments binding: 
Provided that the undertaking may revise its initial offer to
take account of the preliminary conclusions of the Authority and with
a view to satisfying the criteria set out in this regulation and, as
applicable, in regulations 55, 63 or 65.
(5) Without prejudice to the first paragraph of regulation 63(3),
the Authority may issue a decision to make the commitments binding,
totally or in part.
(6) By way of derogation from regulation 54(9), the Authority
may make some or all commitments binding for a specific period,
which may be the entire period for which they are offered, and in the
case of co-investment commitments made binding pursuant to first
paragraph of regulation 63(3), the Authority shall make them binding
for a period of a minimum of seven years.
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(7) Subject to regulation 63, this regulation is without prejudice
to the application of the market analysis procedure pursuant to
regulation 54 and the imposition of obligations pursuant to regulation
55.
(8) Where the Authority makes commitments binding pursuant to
this regulation, it shall assess under regulation 55 the consequences of
that decision for market development and the appropriateness of any
obligation that it has imposed or would have imposed, in default of
those commitments, have considered imposing pursuant to that
regulation or regulations 56 to 61: 
Provided that when notifying the relevant draft measure under
regulation 55 in accordance with regulation 21, the Authority shall
attach the notified draft measure with the commitments decision.
Cap. 418. (9) The Authority shall monitor, supervise and ensure compliance
with the commitments that it has made binding in accordance with
sub-regulations (5) to (8) in the same way in which it monitors,
supervises and ensures compliance with obligations imposed under
regulation 55, and shall consider the extension of the period for which
they have been made binding when the initial period expires. If the
Authority concludes that an undertaking has not complied with the
commitments that have been made binding in accordance with sub -
regulations (5) to (8), it may impose penalties on such undertaking in
accordance with articles 31 to 33 of the Malta Communications
Authority Act: 
Provided that without prejudice to the procedure for ensuring
compliance of specific obligations under regulation 20, the Authority
may reassess the obligations imposed in accordance with regulation
55(7).
Wholesale-only 
undertakings.67.(1)  The Authority when determining whether to designate
an undertaking which is absent from any retail markets for electronic
communications services as having significant market power in one or
several wholesale markets in accordance with regulation 54, shall
consider whether that undertaking has the following characteristics:
(a) all companies and business units within the
undertaking, all companies that are controlled but not necessarily
wholly owned by the same ultimate owner, and any shareholder
capable of exercising control over the undertaking, only have
activities, current and planned for the future, in wholesale
markets for electronic communications services and therefore do
not have activities in any retail market for electronic
communications services provided to end-users in the European
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Union; and 
(b) the undertaking is not bound to deal with a single and
separate undertaking operating downstream that is active in any
retail market for electronic communications services provided to
end-users, because of an exclusive agreement, or an agreement
which de facto amounts to an exclusive agreement. 
(2) If the Authority concludes that the conditions laid down in
sub-regulation (1) are fulfilled, it may impose on that undertaking only
obligations pursuant to regulations 57 and 60 or relative to fair and
reasonable pricing if justified on the basis of a market analysis
including a prospective assessment of the likely behaviour of the
undertaking designated as having significant market power.
(3) The Authority shall review obligations imposed on the
undertaking in accordance with this regulation at any time if it
concludes that the conditions laid down in sub -regulation (1) are no
longer met, and it shall, as appropriate, apply regulations 54 to 61. 
(4) The undertakings shall, without undue delay, inform the
Authority of any change of circumstance relevant to sub -regulation
(1)(a) and (b).
(5) The Authority shall also review obligations imposed on the
undertaking in accordance with this regulation if on the basis of
evidence of terms and conditions offered by the undertaking to its
downstream customers, the Authority concludes that competition
problems have arisen or are likely to arise to the detriment of end-users
which require the imposition of one or more obligations provided in
regulations 56, 58, 59 or 61, or the amendment of the obligations
imposed in accordance with sub -regulation (2).
Cap. 418. (6) The imposition of obligations and their review in accordance
with this regulation shall be implemented in accordance with the
procedures referred to in article 4A of the Malta Communications
Authority Act and in regulations 21 and 22.
Migration from 
legacy 
infrastructure.68.(1) Undertakings which have been designated as having
significant market power in one or several relevant markets in
accordance with regulation 54 shall notify the Authority in advance
and in a timely manner when they plan to decommission or replace
with a new infrastructure parts of the network, including legacy
infrastructure necessary to operate a copper network, which are subject
to obligations pursuant to regulations 55 to 67.
(2) The Authority shall ensure that the decommissioning or
replacement process includes a transparent timetable and conditions,
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including an appropriate notice period for transition, and establishes
the availability of alternative products of at least comparable quality
providing access to the upgraded network infrastructure substituting
the replaced elements if necessary to safeguard competition and the
rights of end-users.
(3) With regard to assets which are proposed for
decommissioning or replacement, the Authority may withdraw the
obligations after having ascertained that the access provider:
(a) has established the appropriate conditions for
migration, including making available an alternative access
product of at least comparable quality as was available using the
legacy infrastructure enabling the access seekers to reach the
same end-users; and
(b) has complied with the conditions and process notified
to the Authority in accordance with this regulation: 
Cap. 418. Provided that such withdrawal shall be implemented in
accordance with the procedures referred to in article 4A of the Malta
Communications Authority Act and in regulations 21 and 22.
(4) This regulation shall be without prejudice to the availability
of regulated products imposed by the Authority on the upgraded
network infrastructure in accordance with the procedures set out in
regulations 54 and 55. 
BEREC 
guidelines on 
very high 
capacity 
networks.69. The Authority shall take into utmost account any guidelines
on very high capacity networks that BEREC may issue in accordance
with Article 82 of the Electronic Communications Code. 
Regulatory 
control of retail 
services.70.(1) The Authority shall impose any regulatory obligations
as it may consider appropriate on undertakings identified as having
significant market power on a given retail market in accordance with
regulation 51, where:
(a) as a result of a market analysis carried out in
accordance with regulation 54, the Authority determines that a
given retail market identified in accordance with regulation 52 is
not effectively competitive; and
(b) the Authority concludes that obligations imposed
under regulations 56 to 61 would not result in the achievement of
the objectives set out in article 4 of the Act: 
Provided that the obligations that the Authority may impose
shall be based on the nature of the problem identified and shall be
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proportionate and justified in light of the objectives laid down in
article 4 of the Act. Such obligations may include requirements that
the identified undertakings do not charge excessive prices, inhibit
market entry or restrict competition by setting predatory prices, show
undue preference to specific end-users, or unreasonably bundle
services:
Provided further that the Authority may apply to such
undertakings appropriate retail price cap measures, measures to
control individual tariffs, or measures to orient tariffs towards costs or
prices on comparable markets, in order to protect end-user interests
whilst promoting effective competition.
(2) The Authority shall ensure that where an undertaking is
subject to retail tariff regulation or other relevant retail controls, the
necessary and appropriate cost-accounting systems are implemented.
In doing so the Authority may specify the format and accounting
methodology to be used: 
Provided that compliance with the cost-accounting system
shall be verified by a qualified independent body, the cost of which
verification shall be borne by the undertaking concerned: 
Provided further that the Authority shall ensure that a
statement concerning compliance is published annually.
(3) Without prejudice to regulations 72 and 75 the Authority shall
not apply retail control mechanisms under sub-regulation (1) to
geographical or retail markets where the Authority is satisfied that
there is effective competition. 
PART X
Universal Service Obligations
Affordable 
universal 
service.71.(1) The Authority shall ensure that all consumers in Malta
have access at an affordable price, in light of specific national
conditions, to an available adequate broadband internet access service
and to voice communications services at the quality specified,
including the underlying connection, at a fixed location. 
(2) The Authority may also ensure the affordability of the
services referred to in sub-regulation (1) that are not provided at a
fixed location where the Authority considers this to be necessary to
ensure the full social and economic participation of consumers in
society.
(3) The Authority shall, in the light of national conditions and the
minimum bandwidth enjoyed by the majority of consumers in Malta,
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and taking into account the BEREC report on best practices made in
accordance with Article 84(3) of the Electronic Communications
Code, define the adequate broadband internet access service for the
purposes of sub -regulation (1) with a view to ensuring the bandwidth
necessary for social and economic participation in society. The
adequate broadband internet access service shall be capable of
delivering the bandwidth necessary for supporting at least the
minimum set of services set out in the Fifth Schedule. 
(4) When a consumer so requests, the connection referred to in
sub-regulation (1) and, where applicable, in sub-regulation (2), may be
limited to support voice communications services.
(5) The Authority may extend the scope of application of this
regulation to end-users that are micro-enterprises, small and medium-
sized enterprises, and not-for-profit organisations.
Provision of 
affordable 
universal 
service.72.(1) The Authority shall monitor the evolution and level of
retail prices of the services referred to in regulation 71(1) available on
the market, in particular in relation to national prices and national
consumer income.
(2) The Authority may, in light of national conditions, establish
that retail prices for the services referred to in regulation 71(1) are not
affordable, because consumers with a low income or special social
needs are prevented from accessing such services. In such instances
the Authority shall take measures to ensure affordability for such
consumers of adequate broadband internet access service and voice
communications services at least at a fixed location:
Provided that to this end, the Authority may, where applicable
together with any competent public bodies, take such measures as it
considers appropriate to ensure that support is provided to such
consumers for communication purposes or require providers of such
services to offer to those consumers tariff options or packages different
from those provided under normal commercial conditions, or both. For
this purpose, the Authority may require such providers to apply
common tariffs, including geographic averaging, throughout Malta. 
(3) In exceptional circumstances, in particular where the
imposition of obligations under the proviso to sub -regulation (2) on all
providers would result in a n evident excessive administrative or
financial burden for providers or for Government, the Authority may,
on an exceptional basis, decide to impose the obligation to offer those
specific tariff options or packages only on designated undertakings, in
which case regulation 73 shall apply to such designations mutatis
mutandis. 
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(4) Where the Authority designates undertakings in accordance
with sub-regulation (3), it shall ensure that all consumers with a low-
income or special social needs benefit from a choice of undertakings
offering tariff options addressing their needs, unless ensuring such
choice is impossible , or it would create an excessive additional
organisational or financial burden.
(5) The Authority shall ensure that consumers entitled to such
tariff options or packages referred to in subregulation (2) have a right
to conclude a contract either with a provider of the services referred to
in regulation 71(1), or with an undertaking designated in accordance
with this regulation, and that their number remains available to them
for an adequate period and unwarranted disconnection of the service is
avoided.
(6) The Authority shall ensure that undertakings which provide
tariff options or packages to consumers with a low income or special
social needs pursuant to sub-regulation (2) keep the Authority
informed of the details of such offers. 
(7) The Authority shall ensure that the conditions under which
undertakings provide tariff options or packages pursuant to sub -
regulation (2) are fully transparent, and are published and applied in
accordance with the principle of non-discrimination. The Authority
may require such tariff options or packages to be modified or
withdrawn.
(8) The Authority shall, together where applicable with the
competent public body or bodies, ensure, in light of national
conditions, that support is provided, as appropriate, to consumers with
disabilities, and that other specific measures are taken, where
appropriate, with a view to ensuring that related terminal equipment,
and specific equipment and specific services that enhance equivalent
access, including where necessary total conversation services and
relay services, are available and affordable.
(9) When applying this regulation, the Authority shall seek to
minimise market distortions, and may take such measures as it
considers necessary to ensure effective compliance therewith.
(10) The Minister may, after consultation with the Authority, by
order in the Gazette extend the scope of application of this regulation
to end-users that are micro-enterprises, small and medium-sized
enterprises and not-for-profit organisations.
Availability of 
universal 
service.73.(1) The Authority may establish, taking into account the
results, where available, of the geographical survey conducted in
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accordance with regulation 17(1) to (5) and any additional evidence
where necessary, that the availability at a fixed location of an adequate
broadband internet access service as defined in accordance with
regulation 71(3) and of voice communications services cannot be
ensured under normal commercial circumstances or through other
potential public policy tools in Malta or different parts of Malta. In
doing so the Authority may impose appropriate universal service
obligations to meet all reasonable requests by end-users for accessing
those services in the relevant parts of Malta.
(2) The Authority shall determine the most efficient and
appropriate approach for ensuring the availability at a fixed location of
an adequate broadband internet access service as defined in
accordance with regulation 71(3) and of voice communications
services, whilst respecting the principles of objectivity, transparency,
non-discrimination and proportionality. In doing so the Authority shall
seek to minimise market distortions, in particular the provision of
services at prices or subject to other terms and conditions which depart
from normal commercial conditions, whilst safeguarding the public
interest.
(3) The Authority may impose obligations to ensure for end-users
the availability at a fixed location of an adequate broadband internet
access service as defined in accordance with regulation 71(3) and of
voice communications services. In doing so the Authority may
designate one or more undertakings to guarantee such availability
throughout Malta: 
Provided that the Authority may designate different
undertakings or sets of undertakings to provide an adequate broadband
internet access service and voice communications services at a fixed
location or to cover different parts of Malta.
(4) When the Authority designates undertakings in any part or in
all of Malta to ensure availability of services in accordance with sub -
regulation (3), it shall use an efficient, objective, transparent and non-
discriminatory designation mechanism, whereby no undertaking is a
priori excluded from being designated. Such designation methods
shall ensure that an adequate broadband internet access service and
voice communications services at a fixed location are provided in a
cost-effective manner and may be used as a means of determining the
net cost of the universal service obligations in accordance with
regulation 76.
(5) When an undertaking designated in accordance with sub -
regulation (3) intends to dispose of a substantial part or all of its local
access network assets to a separate legal entity under different
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ownership, it shall inform the Authority in advance and in a timely
manner, in order to allow the Authority to assess the effect of the
intended transaction on the provision at a fixed location of an adequate
broadband internet access service as defined in accordance with
regulation 71(3), and of voice communications services: 
Provided that the Authority may impose, amend or withdraw
specific obligations in accordance with regulation 7(2). 
Status of the 
existing 
universal 
service.74.(1) The Authority may continue to ensure the availability or
affordability of other services, except for adequate broadband internet
access service as defined in accordance with regulation 71(3) and
voice communications services at a fixed location, if the Authority
considers that national circumstances justify the need for such
services: 
Provided that if the Authority designates undertakings in any
part or all of Malta for the provision of such services, then regulation
73 shall apply:
Provided further that the financing of such obligations shall
comply with regulation 77.
(2) The Authority shall review the obligations imposed pursuant
to this regulation by 21 December 2021, and every three years
thereafter.
Control of 
expenditure. 75.(1) Providers of an adequate broadband internet access
service and of voice communications services in accordance with
regulations 71 to 74, shall in providing facilities and services
additional to those referred to in regulation 71, establish terms and
conditions in such a way that the end-user is not obliged to pay for
facilities or services which are not necessary or not required for the
service requested.
(2) Providers of an adequate broadband internet access service
and of voice communications services referred to in regulation 71 that
provide services pursuant to regulation 72, shall offer the specific
facilities and services set out in Part A of the Sixth Schedule as
applicable, in order that consumers can monitor and control
expenditure. Such providers shall put in place a system to avoid
unwarranted disconnection of voice communications services or of an
adequate broadband internet access service with regard to consumers
as referred to in regulation 72, including an appropriate mechanism to
verify continued interest in using the service: 
Provided that the Authority may extend the scope of
application of this sub-regulation to end-users that are
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microenterprises, small and medium-sized enterprises, and not-for-
profit organisations.
(3) The Authority may waive the requirements of sub-regulation
(2) in all or part of Malta if it is satisfied that the facility is widely
available throughout Malta.
 Cost of 
universal 
service 
obligations.76.(1) Where the Authority considers that the provision of an
adequate broadband internet access service as defined in accordance
with regulation 71(3) and of voice communications services as set out
in regulations 71, 72 and 73 or the continuation of the existing
universal service as set out in regulation 74 may represent an unfair
burden on providers of such services that request compensation, then
the Authority shall calculate the net costs of such provision.
(2) For the purpose of sub-regulation (1), the Authority shall:
(a) calculate the net cost of the universal service
obligations, taking into account any market benefit which
accrues to a provider of an adequate broadband internet access
service as defined in accordance with regulation 71(3) and voice
communications services as set out in regulations 71, 72 and 73
or the continuation of the existing universal service as set out in
regulation 74, in accordance with the Seventh Schedule; or
(b) make use of the net costs of providing universal
service identified by a designation mechanism in accordance
with regulation 73(4).
(3) Providers requesting compensation shall submit a detailed
written request to the Authority which shall include the accounts and
other information serving as the basis for the calculation of the net cost
of universal service obligations under paragraph (a) of sub-regulation
(2). Such requests with all the information submitted therewith shall be
audited or verified by the Authority or a body independent of the
relevant parties after such body has been approved by the Authority.
The results of the cost calculation and the conclusions of the audit
shall be publicly available.
Financing of 
universal 
service 
obligations.77.(1)  Where, on the basis of the net cost calculation referred
to in regulation 76 , the Authority finds that a provider is subject to an
unfair burden, the Authority shall, upon request from the provider
concerned, decide to do one or both of the following:
(a) introduce a mechanism to compensate that provider
for the determined net costs under transparent conditions from
public funds;
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(b) share the net cost of universal service obligations
between providers of electronic communications networks and
services: 
Provided that a mechanism under paragraph (a) may only be
established with the approval of the Minister granted with the
concurrence of the Minister responsible for finance.
(2) Where the net cost is shared in accordance with paragraph (b)
of sub-regulation (1), the Authority shall establish a sharing
mechanism administered by the Authority or a body independent from
the beneficiaries under the supervision of the Authority. 
(3) Only the net cost, as determined in accordance with regulation
76 of the obligations laid down in regulations 71 to 74 may be
financed.
(4) A sharing mechanism established in accordance with this
regulation shall respect the principles of transparency, least market
distortion, non-discrimination and proportionality, in accordance with
the principles set out in Part B of the Seventh Schedule: 
Provided that the Authority may decide not to require
contributions from undertakings whose national turnover is less than
any such set limit as may, from time to time, be determined by the
Authority. 
(5) Any charges related to the sharing of the cost of universal
service obligations shall be unbundled and identified separately for
each undertaking: 
Provided that the Authority shall not impose on, or collect any
charges from, undertakings that are not providing services in Malta. 
Transparency. 78.(1) Where the net cost of universal service obligations is to
be calculated in accordance with regulation 76, the Authority shall
ensure that the principles for net cost calculation, including the details
of methodology to be used, are publicly available.
(2) Where a mechanism for sharing the net cost of universal
service obligations as referred to in regulation 77(2) to (5) is
established, the Authority shall ensure that the principles for cost
sharing and compensation of the net cost are publicly available.
(3) Subject to European Union and national rules on commercial
confidentiality, the Authority shall publish an annual report providing
the details of calculated cost of universal service obligations,
identifying the contributions made by all undertakings involved,
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including any market benefits that may have accrued to the
undertakings pursuant to universal service obligations laid down in
regulations 71 to 74.
Additional 
mandatory 
services.79. The Authority may decide to make services additional to
those included in the universal service obligations referred to in
regulations 71 to 74, publicly available in Malta: 
Provided that in such cases, no compensation mechanism
involving specific undertakings shall be imposed.
PART XI
NUMBERING RESOURCES
Numbering 
resources.80. (1) The Authority shall establish and manage the national
numbering plan for electronic communications services and shall
control the granting of rights of use for all national numbering
resources. In doing so the Authority shall ensure that adequate
numbering resources are provided for the provision of publicly
available electronic communications services:
Provided that in granting rights of use for national numbering
resources, the Authority shall establish procedures that are objective,
transparent and non-discriminatory. 
(2) No undertaking shall assign to locations, terminals, persons or
functions on public electronic communications networks, right of use
of numbers that have not specifically been allocated to that
undertaking by the Authority for the purpose of providing publicly
available electronic communications services.
(3) The Authority may also, in exceptional circumstances and at
its discretion, grant rights of use for numbering resources from the
national numbering plan for the provision of specific services to
entities other than providers of electronic communications networks or
services, provided that adequate numbering resources are made
available to satisfy current and foreseeable future demand. In doing so,
such undertakings shall demonstrate to the Authority their ability to
manage the numbering resources and to comply with any relevant
requirements set out pursuant to regulation 81: 
Provided that the Authority may suspend the further granting
of rights of use for numbering resources to such undertakings if the
Authority considers that there is a risk of exhaustion of numbering
resources.
(4) The Authority shall ensure that the national numbering plan
and procedures are applied in a manner that gives equal treatment to
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all providers of publicly available electronic communications services,
and at its discretion to the entities eligible in accordance with sub-
regulation (3). In particular, the Authority shall ensure that an entity to
which the right of use for numbering resources has been granted does
not discriminate against providers of electronic communications
services as regards the numbering resources used to give access to
their services.
(5) The Authority shall make available a range of non-geographic
numbers which may be used for the provision of electronic
communications services other than interpersonal communications
services, throughout the European Union, without prejudice to
Regulation (EU) No 531/2012 and to regulation 83(2): 
Provided that without prejudice to the requirements of this
regulation , the Authority may allow the use of such numbers in other
non-European Union Member States: 
Provided further that where rights of use for numbering
resources have been granted in accordance with sub -regulation (3) to
entities other than providers of electronic communications networks or
services, this sub -regulation shall apply to the specific services for the
provision of which the rights of use have been granted.
(6) The Authority shall ensure that the conditions listed in Part E
of the First Schedule  that may be attached to the rights of use for
numbering resources used for the provision of services outside Malta,
and their enforcement, are as stringent as the conditions and
enforcement applicable to services provided within Malta, in
accordance with these regulations. 
(7) The Authority shall also ensure in accordance with regulation
81(7) that providers using Maltese numbering resources in other
Member States or non-European Union Member States comply with
consumer protection and other national rules related to the use of
numbering resources applicable in those countries where the
numbering resources are used. This obligation is without prejudice to
the enforcement powers of the competent authorities of those
countries:
Provided that the Authority may, where it considers necessary,
seek the assistance of BEREC in coordinating its activities and those
of competent authorities of other Member States in coordinating their
activities to ensure the efficient management of numbering resources
with a right of extraterritorial use within the European Union.
(8) In accordance with Article 93(4) of the Electronic
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Communications Code, where BEREC establishes and maintains a
database on the numbering resources with a right of extraterritorial use
within the European Union, the Authority shall as necessary transmit
the relevant information to BEREC. 
(9) The Authority shall ensure that the ‘00’ code is the standard
international access code. 
(10) The Authority shall, subject to any limitations that may be
specified by the Minister after consultation with the Minister
responsible for national security, on the grounds of national security,
ensure that the national numbering plans, and all subsequent additions
or amendments thereto, are published on its website and such other
means of public media as it may consider appropriate.
(11) The Authority shall support the harmonisation of specific
numbers or numbering ranges within the European Union where it
promotes both the functioning of the internal market and the
development of pan-European services. 
Procedure for 
granting of 
rights of use for 
numbering 
resources.81.(1) The Authority may on receipt of a written request in
such form as it may from time to time determine, grant individual
rights of use for numbering resources to any undertaking for the
provision of electronic communications networks or services covered
by a general authorisation referred to in regulation 5, subject to
regulations 7 and 8 and to regulation 16(1)(c) and to any other rules
ensuring the efficient use of those numbering resources in accordance
with these regulations.
(2) The Authority shall grant rights of use for numbering
resources through open, objective, transparent, non-discriminatory and
proportionate procedures. In doing so the Authority shall, at its
discretion, specify whether those rights can be transferred by the
holder of the rights, and under which conditions.
(3) Where the Authority grants rights of use for numbering
resources for a limited period, then the duration of that period shall be
appropriate for the service concerned with a view to the objective
pursued, taking due account of the need to allow for an appropriate
period for investment amortisation.
(4) The Authority shall decide on the granting of rights of use for
numbering resources as soon as possible after receipt of the complete
application, and within three weeks in the case of numbering resources
that have been allocated for specific purposes within the national
numbering plan:
Provided that such decisions shall be made publicly available
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on the website of the Authority.
Cap. 418. (5) Where the Authority has determined, after consulting
interested parties in accordance with article 4A of the Malta
Communications Authority Act, that rights of use for numbering
resources of exceptional economic value are to be granted through
competitive or comparative selection procedures, then the Authority
may extend the three week period referred to in sub -regulation (4) by
up to a further three weeks.
(6) The Authority shall not limit the number of individual rights
of use to be granted, except where this is necessary to ensure the
efficient use of numbering resources.
(7) Where the rights of use for numbering resources include their
extraterritorial use in accordance with regulation 80(5) to (7), the
Authority shall attach to those rights of use specific conditions in order
to ensure compliance with all the relevant national consumer
protection rules and national law related to the use of numbering
resources applicable in those countries where the numbering resources
are used. 
(8) Upon request from a national regulatory or other competent
authority of a country where the numbering resources are used,
demonstrating a breach of relevant consumer protection rules or
national laws related to the use of numbering resources of that country,
the Authority shall enforce the conditions attached under the sub -
regulation (7), including, in serious cases, by withdrawing the rights of
extraterritorial use for the numbering resources granted to the
undertaking concerned.
(9) This regulation shall also apply in those exceptional
circumstances where, at its discretion, the Authority grants rights of
use for numbering resources to entities other than providers of
electronic communications networks or services in accordance with
regulation 80(3).
Fees for rights 
of use for 
numbering 
resources.82.(1)  Authorised undertakings shall pay to the Authority such
fees for the rights of use for numbering resources as provided for
under Part C of the Twelfth Schedule, which fees may be amended by
the Minister, by order in the Gazette in accordance with the
requirements of this regulation. 
(2) Any fees imposed for the rights of use of numbering resources
shall reflect the need to ensure the optimal use of such resources. Such
fees shall be objectively justified, transparent, non-discriminatory and
proportionate in relation to their intended purpose taking into account
the general objectives stated in article 4 of the Act. 
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Access to 
numbers and 
services. 83.(1)  Where economically feasible, except where a called
end-user has chosen for commercial reasons to limit access by calling
parties located in specific geographical areas, the Authority shall take
all necessary steps to ensure that end-users are able to:
(a) access and use services using non-geographic
numbers within the European Union; and
(b) access all numbers provided in the European Union,
regardless of the technology and devices used by the operator,
including those in the national numbering plans of Member
States and Universal International Freephone Numbers (UIFN). 
(2) The Authority may require providers of public electronic
communications networks or publicly available electronic
communications services to block, on a case-by-case basis, access to
numbers or services where this is justified by reasons of fraud or
misuse, and to require that in such cases providers of electronic
communications services withhold relevant interconnection or other
service revenues.
PART XII
END-USER RIGHTS
Exemption of 
certain micro-
enterprises.84.(1)  With the exception of regulations 85 and 86, this Part
shall not apply to microenterprises providing number-independent
interpersonal communications services unless they also provide other
electronic communications services.
(2) Undertakings shall ensure that end-users are through a durable
medium, informed of an exemption under sub-regulation (1), before
concluding a contract with a micro-enterprise benefiting from such an
exemption.
Non-
discrimination. 85.Providers of electronic communications networks or services
shall not apply any different requirements or general conditions of
access to, or use of, networks or services to end-users, for reasons
related to the nationality, place of residence or place of establishment
of the end-user, unless such different treatment is objectively justified.
Fundamental 
rights safeguard. 86.(1) National measures regarding access to or use of by end-
users to services and applications through electronic communications
networks shall respect the Charter and the general principles of
European Union law.
(2) Any measure regarding access to, or use of, by end-users to
services and applications through electronic communications networks
liable to limit the exercise of the rights or freedoms recognised by the
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Charter shall be imposed only if it is provided for by law and respects
those rights or freedoms, is proportionate, necessary, and genuinely
meets general interest objectives recognised by European Union law or
the need to protect the rights and freedoms of others in line with
Article 52(1) of the Charter and with the general principles of
European Union law, including the right to an effective remedy and to
a fair trial: 
Provided that such measures shall be taken only with due
respect for the principle of the presumption of innocence and the right
to privacy:
Provided further that a prior, fair and impartial procedure
shall be guaranteed, including the right to be heard of the person
concerned, subject to the need for appropriate conditions and
procedural arrangements in duly substantiated cases of urgency in
accordance with the Charter. 
Information 
requirements for 
contracts. 
S.L. 378.17.87. (1)  Before a consumer is bound by a contract or any
corresponding offer, providers of publicly available electronic
communications services other than transmission services used for the
provision of machine-to-machine services, shall provide the
information referred to in regulations 4 and 5 of the Consumer Rights
Regulations and, in addition, the information listed in the Eighth
Schedule, to the extent that such information relates to a service they
provide.
(2) The information referred to in sub-regulation (1) shall be
provided in a clear and comprehensible manner on a durable medium
or, where provision on a durable medium is not feasible, in an easily
downloadable document made available by the provider. The provider
shall expressly draw the attention of the consumer to the availability of
that document and the importance of downloading it for the purposes
of documentation, future reference and unchanged reproduction: 
Provided that the information shall, upon request, be provided
in an accessible format for end-users with disabilities in accordance
with European Union law harmonising accessibility requirements for
products and services.
(3) Providers of publicly available electronic communications
services other than transmission services used for the provision of
machine-to-machine services, shall provide consumers with a concise
and easily readable contract summary, which summary shall identify
the main elements of the information requirements in accordance with
sub-regulation (1). Those main elements shall include at least:
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(a) the name, address and contact information of the
provider and, if different, the contact information for any
complaint;
(b) the main characteristics of each service provided;
(c) the respective prices for activating the electronic
communications service and for any recurring or consumption-
related charges, where the service is provided for direct
monetary payment;
(d) the duration of the contract and the conditions for its
renewal and termination;
(e) the extent to which the products and services are
designed for end-users with disabilities; and 
(f) with respect to internet access services, a summary of
the information required pursuant to points (d) and (e) of Article
4(1) of Regulation (EU) 2015/2120.
(4) Providers subject to the obligations under sub-regulations (1)
and (2), shall duly complete the contract summary template
established in accordance with Article 102(3) of the Electronic
Communications Code, with the required information and provide the
contract summary free of charge to consumers, prior to the explicit
consent of the consumer to the contract, including distance contracts: 
Provided that where, for objective technical reasons, it is
impossible to provide the contract summary at that moment, then the
contract summary shall be provided without undue delay thereafter,
and the contract shall become effective when the consumer has
confirmed his agreement after receipt of the contract summary ;
Provided further that in accordance with this regulation, the
Authority may determine the manner as to how a consumer gives his
consent to the contract
(5) The information referred to in sub-regulations (1) to (4), shall
become an integral part of the contract and shall not be altered unless
the contracting parties expressly agree otherwise.
 (6)Any term or condition in a contract for the provision of
publicly available electronic communications services other than
transmission services used for the provision of machine-to-machine
services, even if agreed to by the consumer, shall be null and void to
the extent that it is inconsistent with any provisions made by or under
the Act or the terms and conditions of the general authorisation under
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which the service is provided.
(7)Where internet access services or publicly available
interpersonal communications services are billed on the basis of either
time or volume consumption, the providers of such services shall offer
consumers the facility to monitor and control the usage of each of
those services. This facility shall include access to timely information
on the level of consumption of services included in a tariff plan: 
Provided that providers shall notify consumers before any
consumption limit included in their tariff plan is reached and when a
service included in their tariff plan is fully consumed.
(8)The Authority may from time to time: 
(a) establish rules requiring providers to notify
consumers before any consumption limit included in their tariff
plan is reached, and when a service included in their tariff plan is
fully consumed;
(b) require providers to furnish such additional
information on the consumption level, and temporarily prevent
further use of the relevant service in excess of a financial or
volume limit as the Authority may determine; and 
(c) establish other information requirements to be
included in contracts not related to aspects regulated under this
regulation, in particular to address newly emerging issues. 
(9)The information referred to in sub-regulations (1) to (4) and
(8), shall also be provided to end-users that are micro-enterprises,
small enterprises or not-for-profit organisations, unless they have
explicitly agreed to waive all or parts of those provisions.
Transparency, 
comparison of 
offers and 
publication of 
information.88.(1) Where providers of internet access services or publicly
available interpersonal communication services make the provision of
such services subject to terms and conditions, then such providers shall
ensure that the information referred to in the Ninth Schedule, is
published in a clear, comprehensive, machine-readable manner and in
an accessible format for end-users with disabilities in accordance with
European Union legislation harmonising accessibility requirements for
products and services: 
Provided that such information shall be updated regularly by
such providers: 
Provided further that the Authority may specify additional
requirements regarding the form in which such information is to be
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published, which information shall at the request of the Authority be
supplied to the Authority before its publication. The Authority in
specifying any such requirements concerning end-users with
disabilities, shall consult with the Commission for the Rights of
Persons with Disability and such other national competent authorities
as it considers appropriate in the circumstances. 
(2) The Authority shall ensure that end-users have access free of
charge to at least one independent comparison tool which enables them
to compare and evaluate different internet access services and publicly
available number-based interpersonal communications services, and,
where applicable, publicly available number-independent
interpersonal communications services, with regard to:
(a) prices and tariffs of services provided against
recurring or consumption-based direct monetary payments; and 
(b) the quality of service performance, where minimum
quality of service is offered or the undertaking is required to
publish such information pursuant to regulation 89. 
(3) The comparison tool referred to in sub-regulation (2) shall:
(a) be operationally independent from the providers of
such services, thereby ensuring that those providers are given
equal treatment in search results;
(b) clearly disclose the owners and operators of the
comparison tool;
(c) set out clear and objective criteria on which the
comparison is to be based;
(d) use plain and unambiguous language;
(e) provide accurate and up-to-date information and state
the time of the last update;
(f) be open to any provider of internet access services or
publicly available interpersonal communications services,
making available the relevant information, and include a broad
range of offers covering a significant part of the market and,
where the information presented is not a complete overview of
the market, a clear statement to that effect, before displaying
results;
(g) provide an effective procedure to report incorrect
information; and
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(h) include the possibility to compare prices, tariffs and
quality of service performance between offers available to
consumers and, where the Authority so requires, between those
offers and the standard offers publicly available to other end-
users:
Provided that comparison tools fulfilling the requirements in
paragraphs (a) to (h), shall, upon request by the provider of the tool, be
certified by the Authority. 
(4) Third parties shall have the right to use free of charge and in
open data formats, the information published by providers of internet
access services or publicly available interpersonal communications
services, for the purposes of making available such independent
comparison tools referred to in this regulation.
(5) Providers of internet access services and, or of publicly
available number-based interpersonal communications services, shall
distribute public interest information free of charge to existing and
new end-users, where appropriate, by the means that they ordinarily
use in their communications with end-users. In such a case, that public
interest information shall be provided by the relevant public
authorities in a standardised format and shall, inter alia , cover the
following topics:
(a) the most common uses of internet access services and
publicly available number-based interpersonal communications
services to engage in unlawful activities or to disseminate
harmful content, in particular where it may prejudice respect for
the rights and freedoms of others, including infringements of
data protection rights, copyright and related rights, and their
legal consequences; and
(b) the means of protection against risks to personal
security, privacy and personal data when using internet access
services and publicly available number-based interpersonal
communications services. 
(6) Providers of internet access services and, or of publicly
available number-based interpersonal communications services, shall
notify the Authority of any new service offers and, or tariffs plans or
any changes thereto within one working day from their launch in a
format as may be determined by the Authority.
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Quality of 
service related 
to internet 
access services 
and publicly 
available 
interpersonal 
communications 
services.89.(1)  The Authority may require providers of internet access
services and of publicly available interpersonal communications
services to publish comprehensive, comparable, reliable, user-friendly
and up-to-date information for end-users on the quality of their
services, to the extent that they control at least some elements of the
network either directly or by virtue of a service level agreement to that
effect, and on measures taken to ensure equivalence in access for end-
users with disabilities. 
(2) The Authority may also require providers of publicly
available interpersonal communications services to inform consumers
if the quality of the services they provide depends on any external
factors, such as control of signal transmission or network connectivity.
Such information shall, on request of the Authority, be supplied to the
Authority before its publication.
(3) The measures to ensure quality of service shall comply with
Regulation (EU) 2015/2120.
(4) The Authority shall specify, taking utmost account of BEREC
guidelines, the quality of service parameters to be measured, the
applicable measurement methods, and the content, form and manner of
the information to be published, including possible quality
certification mechanisms. Where appropriate, the parameters,
definitions and measurement methods set out in the Tenth Schedule,
shall be used. 
Remedies. 90.(1)  Any significant continued or frequently recurring
discrepancy between the actual performance of an electronic
communications service, other than a number-independent
interpersonal communications service, and the performance indicated
in the contract, shall entitle the consumer to seek remedies including
the right to terminate the contract free of cost, and, or receive any
compensation and, or refunds as specified in their contract. 
(2) Providers of publicly available electronic communications
services other than number-independent interpersonal communications
services and other than transmission services used for the provision of
machine-to-machine services, shall establish and operate appropriate
and reasonable compensation and, or refund schemes to allow for the
reimbursement of payments and compensation for any loss incurred by
a consumer where contracted service quality levels or terms and
conditions are not met by any such providers for reasons that are not
attributable to the consumer:
Provided that such compensation and, or refund arrangements
shall not apply in cases of force majeure :
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Provided further that the Authority may, having regard to the
nature of services and complaints, provide for any such measures as it
may consider necessary to ensure the effectiveness of such schemes
including minimum criteria to be complied with by any such
providers. 
Contract 
duration and 
termination.91.(1)  Notwithstanding any provision of a contract entered
into with a provider of a publicly available electronic communications
service, an end-user shall in accordance with the provisions of this
regulation, have the right at any time, to terminate the said contract
through simple means acceptable to the Authority.
(2) Where an end-user decides to unilaterally terminate a contract
for the provision of publicly available electronic communications
services other than number-independent interpersonal communications
services and other than transmission services used for the provision of
machine-to-machine services  prior to the expiry of the initial
contractual period:
(a) any advance notice period in the contract requiring
the end-user to inform the provider concerned about his intention
to terminate the service shall not exceed one month; and
(b) any applicable charges due by the end-user for
terminating the service prior to the expiry of the initial
contractual period shall be proportionate and reasonable:
Provided that the Authority shall take such measures as it
considers necessary to ensure the effective application of the
provisions of this sub -regulation. 
(3) The Authority shall take such measures as it considers
necessary to ensure that: 
(a) conditions and procedures for contract termination
are simple and do not act as a disincentive to changing a service
provider; and 
(b) contracts concluded between consumers and
providers of publicly available electronic communications
services other than number-independent interpersonal
communications services and other than transmission services
used for the provision of machine-to-machine services, do not
mandate a commitment period longer than twenty four months,
which period may be shortened by the Authority. In doing so the
Authority shall ensure that there is always applicable a
maximum contractual commitment period:
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Provided that any such requirement shall not apply to the
duration of an instalment contract where the consumer has agreed in a
separate contract to instalment payments exclusively for deployment
of a physical connection, in particular to very high capacity networks: 
Provided further that an instalment contract for the
deployment of a physical connection shall not include terminal
equipment, such as a router or modem, and shall not preclude
consumers from exercising their rights under this regulation.
(4) Sub -regulation (3), shall also apply to end-users that are
micro-enterprises, small enterprises or not-for-profit organisations,
unless they have explicitly agreed to waive those provisions. 
(5) Where a contract or national legislation provides for
automatic prolongation of a fixed duration contract for electronic
communications services other than number-independent interpersonal
communications services and other than transmission services used for
the provision of machine-to-machine services, then after such
prolongation, end-users may terminate the contract at any time by
giving thirty days prior notice and without incurring any costs except
the charges for receiving the service during the notice period and any
applicable reasonable and justified charges in connection with
unreturned loaned equipment: 
Provided that before the contract is automatically extended ,
providers shall inform end-users, in a prominent and timely manner
and on a durable medium, of the end of the contractual commitment
and of the means by which to terminate the contract. In doing so
providers shall give end-users best tariff advice relating to their
services. 
(6) Providers of publicly available electronic communications
services other than number-independent interpersonal communications
services and other than transmission services used for the provision of
machine-to-machine services shall provide end-users with best tariff
information at least annually:
Provided further that the Authority may from time to time
issue guidelines to providers on the provision of best tariff advice and
information related to their services.
(7) Where an end-user has the right to terminate a contract for a
publicly available electronic communications service, other than a
number-independent interpersonal communications service, pursuant
to this regulation or to other provisions of European Union or national
law, no compensation shall be due by the end-user other than for
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retained non-loaned subsidised terminal equipment. Where an end-
user chooses to retain any bundled non-loaned terminal equipment,
any compensation due by the end-user shall not exceed its pro rata
temporis  value as agreed at the moment of the conclusion of the
contract or the remaining part of the service fee until the end of the
contract, whichever is less applies :
Provided that the provider shall lift any condition on the use
of that terminal equipment on other networks free of charge at the
latest upon payment of compensation or at an earlier stage as may be
specified by the Authority.
Modification of 
contractual 
conditions by 
providers and 
rights of end-
users. 92. (1)  End-users shall have the right to terminate their
contract without incurring any further costs upon notice of changes in
the contractual conditions proposed by the provider of publicly
available electronic communications services other than number-
independent interpersonal communications services, unless the
proposed changes are:
(a) exclusively to the benefit of the end-user;
(b) are of a purely administrative nature and have no
negative effect on the end-user; or
(c) are directly imposed by European Union or national
law.
(2) Providers shall notify end-users at least thirty days in advance
of any change in the contractual conditions in a clear and
comprehensible manner and on a durable medium. Where applicable,
providers shall simultaneously inform end-users of their right to
terminate the contract without incurring any further costs if they do not
accept the new conditions, which right shall be exercisable within
thirty days from notification of the change in contractual conditions by
the provider.
(3) Providers shall notify the Authority in writing, prior to
notification to its end-users, in a timely manner as may be specified by
the Authority, of any proposed modifications to the contractual
conditions. 
(4) The Authority may, upon a written request by any such
provider, made in accordance with any requirements laid down by the
Authority, in cases where the proposed modifications to the
contractual conditions are manifestly of benefit to all end-users to that
service, exempt that provider from the requirement onerous on it to
grant its end-users the right to terminate the contract in accordance
with this regulation. 
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(5) The Authority may determine the format, content and the
manner of the notification required under this regulation and may
increase the aforesaid period of thirty days referred to in sub -
regulation (2) to a period of not more than ninety days. 
Rights 
applicable to 
certain end-
users. 93.As far as transmission services used for machine-to-machine
services are concerned, the rights mentioned in regulations 91(7) and
92(2), shall benefit only end-users that are consumers, micro -
enterprises, small enterprises, and not-for-profit organisations.
Provider 
switching and 
number 
portability.94.(1) In the case of switching between providers of internet
access services, the providers concerned shall provide the end-user
with adequate information before and during the switching process,
and shall ensure continuity of the internet access service, unless this is
technically not feasible. 
(2) The receiving provider shall ensure that the activation of the
internet access service occurs within the shortest possible time on the
date and within the timeframe expressly agreed with the end-user,
whereas the transferring provider shall continue to provide its internet
access service on the same terms until the receiving provider activates
its internet access service. 
(3) Loss of internet access service during the switching process
shall not exceed one working day.
(4) The Authority shall take such measures as it considers
necessary to ensure the efficiency and simplicity of the switching
process for the end-user. In doing so the Authority may require
undertakings to comply with such measures as the Authority may by
decision establish. 
(5) End-users subscribed to voice communications services with
numbers from the national numbering plan may request that they retain
their numbers, independently of the undertaking providing the service,
in accordance with Part C of the Sixth Schedule. 
(6) Where an end-user subscribed to a voice communications
service terminates a contract, that end-user shall retain the right to
request to port a number from the national numbering plan to another
provider for a minimum of one month after the date of termination,
unless that right is renounced by the aforesaid end-user.
(7) The pricing among providers related to the provision of
number portability shall be cost-oriented, and no direct charges shall
be applied to end-users.
(8) Subject to eligibility criteria as may be established by the
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Authority in line with sub -regulation (11), the porting of numbers and
their subsequent activation shall be carried out within the shortest
possible time on the date explicitly agreed with the end-user:
Provided that an end-user who has concluded an agreement to
port a number to a new provider, shall have that number activated
within one working day from the date agreed with that end-user: 
Provided further that, in the case of failure of the porting
process, the transferring provider shall reactivate the number and
related services of the end-user until the porting is successful. The
transferring provider shall continue to provide its services on the same
terms and conditions until the services of the receiving provider are
activated. In any event, the loss of service during the process of
provider switching and the porting of numbers shall not exceed one
working day. 
(9) Operators whose access networks or facilities are used by
either the transferring provider or the receiving provider, or both, shall
ensure that there is no loss of service that would delay the switching
and porting process.
(10) The receiving provider shall lead the switching and porting
processes set out in sub- regulations (1) to (4), (8) and (9), and both the
receiving and transferring providers shall cooperate in good faith: 
Provided that such providers shall not delay or abuse the
switching and porting processes, nor shall they port numbers or switch
end-users without the explicit consent of the end-users concerned: 
Provided further that the contracts of the end-users with the
transferring provider shall be terminated automatically upon
conclusion of the switching process.
(11) The Authority may establish the details of the switching and
porting processes, taking into account national provisions on contracts,
technical feasibility and the need to maintain continuity of service to
the end-users. In establishing such details the Authority shall include,
where technically feasible, a requirement for the porting to be
completed through over-the-air provisioning, unless an end-user
requests otherwise. 
(12) The Authority shall take such appropriate measures as it may
consider necessary to ensure that end-users are adequately informed
and protected throughout the switching and porting processes and are
not switched to another provider without their consent.
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(13) A transferring provider shall refund, upon the request of a
consumer using a pre-paid service, any remaining credit to that
consumer. Such refund may be subject to a fee only if provided for in
the contract between the transferring provider and the consumer: 
Provided that any such fee shall be proportionate and
commensurate with the actual costs incurred by the transferring
provider in offering the refund. 
Cap. 418. (14) The Authority shall establish such rules as it may consider
appropriate in relation to the sanctions that may be imposed in
accordance with Part VI of the Malta Communications Authority Act
in the case of the failure of a provider to comply with the obligations
laid down in this regulation, including in relation to delays in, or
abuses of, porting by or on behalf of a provider. 
(15) The Authority shall establish such rules as it may consider
appropriate on the award of compensation of end-users by their
providers, in an easy and timely manner where such providers fail to
comply with the obligations laid down in this regulation, as well as in
the case of delays in, or abuses of, porting and switching processes,
and missed service and installation appointments.
(16) In addition to the information required under the Eighth
Schedule, the Authority shall take such measures as it considers
necessary to ensure that providers adequately inform their end-users
about their rights to compensation as provided for in subregulations
(14) and (15). 
Billing. 95.(1) Providers of publicly available electronic
communications services, shall not issue any bill to an end-user unless
every amount stated in that bill represents and does not exceed the true
extent of any such service actually provided to the end-user in
question. Such providers shall retain any records as may be specified
by the Authority for the purpose of establishing compliance with this
regulation.
(2) The Authority may by decision establish rules to be complied
with by providers of publicly available electronic communications
services in order to ensure that bills issued are clear, comprehensive
and easily accessible. In doing so the Authority shall have regard to the
need to reconcile the rights of end-users receiving itemised bills with
the right of privacy of calling end-users and called end-users.
Bundled offers. 96.(1)  If a bundle of services, or a bundle of services and
terminal equipment offered to a consumer comprises at least an
internet access service or a publicly available number-based
interpersonal communications service, then regulations 87(3), 88(1),
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91, 92 and 94(1) to (4) shall apply to all elements of the bundle
including, mutatis mutandis , those not otherwise covered by those
provisions.
(2) Where the consumer has, under European Union legislation ,
or national legislation, a right to terminate any element of the bundle
as referred to in sub-regulation (1) before the end of the agreed
contract term because of a lack of conformity with the contract or a
failure to supply, then the consumer may terminate the contract with
respect to all elements of the bundle.
(3) Any subscription to additional services or terminal equipment
provided or distributed by the same provider of internet access
services or of publicly available number-based interpersonal
communications services, shall not extend the original duration of the
contract to which such services or terminal equipment are added,
unless the consumer expressly agrees otherwise when subscribing to
the additional services or terminal equipment.
(4) Sub -regulations (1) and (3) shall also apply to end-users that
are micro-enterprises, small enterprises, or not-for-profit
organisations, unless such end-users have explicitly agreed to waive
all or parts of those provisions.
(5) Sub -regulation (1) shall also apply to the regulations under
this Part.
Availability of 
services.97.(1)  Providers of voice communications services and
internet access services provided over public electronic
communications networks shall take all necessary measures to ensure
the fullest possible availability of such services in the event of
catastrophic network breakdown or in cases of force majeure . 
(2) Providers of voice communications services shall take all
such measures to ensure uninterrupted access to emergency services
and uninterrupted transmission of public warnings.
(3) The Authority may specify obligations to be complied with by
any such providers referred to in this regulation in ensuring
compliance with this regulation. 
Equivalent 
access and 
choice for end-
users with 
disabilities.98.(1)  The Authority shall specify requirements to be met by
providers of publicly available electronic communications services to
ensure that end-users with disabilities:
(a) have access to electronic communications services,
including the related contractual information provided pursuant
to regulation 87, equivalent to that enjoyed by the majority of
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end-users; and
(b) benefit from the choice of undertakings and services
available to the majority of end-users.
(2) In taking the measures referred to in sub -regulation (1), the
Authority shall encourage compliance with the relevant standards or
specifications laid down in accordance with regulation 26. 
Directory 
enquiry 
services.99.(1)  All providers of voice communications services which
attribute numbers from a numbering plan, shall comply with all
reasonable requests to make available, for the purposes of the
provision of publicly available directory enquiry services and
directories, the relevant information in an agreed format, on terms
which are fair, objective, cost oriented and non-discriminatory.
(2) The Authority may impose such obligations and conditions as
it considers necessary on undertakings that control access to end-users,
for the provision of directory enquiry services, in accordance with
regulation 48. Such obligations and conditions shall be objective,
equitable, non-discriminatory and transparent. 
(3) No regulatory restrictions which prevent end-users in one
Member State from accessing directly the directory enquiry service in
another Member State by voice call or SMS, shall be maintained.
Where necessary the Authority shall take appropriate measures to
ensure such access in accordance with regulation 83.
(4) This regulation shall apply subject to the prior approval of the
end-user and any other requirements of European Union law on the
protection of personal data and privacy.
Interoperability 
of car radio and 
consumer radio 
receivers and 
consumer digital 
television 
equipment.100.(1) The Authority shall ensure the interoperability of car
radio receivers and consumer digital television equipment in
accordance with the Eleventh Schedule.
(2) The Authority may adopt measures to ensure the
interoperability of other consumer radio receivers, while limiting the
impact on the market for low-value radio broadcast receivers and
ensuring that such measures are not applied to products where a radio
receiver is purely ancillary, such as smart  phones, and to equipment
used by radio amateurs.
(3) The Authority shall encourage providers of digital television
services to ensure, where appropriate, that the digital television
equipment that they provide to their end-users is interoperable in
accordance with the Eleventh Schedule so that, where technically
feasible, the digital television equipment is reusable with other
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providers of digital television services: 
Provided that digital television equipment which complies
with harmonised standards the references of which have been
published in the Official Journal of the European Union, or with parts
thereof, shall be considered to comply with the requirement of
interoperability set out in sub -regulation (4) covered by those
standards or parts thereof. 
S.L. 549.89. (4) Without prejudice to regulation 5(2) of the Waste
Management (Electrical and Electronic Equipment) Regulations, the
Authority shall ensure that, upon termination of their contract, end-
users have the possibility to return the digital television equipment
through a free and easy process, unless the provider demonstrates that
it is fully interoperable with the digital television services of other
providers, including those to which the end-user has switched.
‘Must carry’ 
obligations.101.(1) The Authority may impose reasonable ‘must carry’
obligations for the transmission of specified radio and television
broadcast channels and related complementary services, in particular
accessibility services to enable appropriate access for end-users with
disabilities and data supporting connected television services and
EPGs, on undertakings operating in Malta, providing electronic
communications networks and services used for the distribution of
radio or television broadcast channels to the public, where a significant
number of end-users of such networks and services use them as their
principal means to receive radio and television broadcast channels: 
Provided that the Authority shall impose such obligations
where it considers that this is necessary to meet general interest
objectives as are defined in accordance with national legislation and
are proportionate and transparent.
(2) The Authority shall review ‘must carry’ obligations by not
later than 21 December 2024 and thereafter every five years. 
(3) Neither sub -regulation (1) and nor regulation 46(2) shall
prejudice the ability of the Authority to determine appropriate
remuneration, if any, in respect of measures taken in accordance with
this regulation while ensuring that, in similar circumstances, there is
no discrimination in the treatment of providers of electronic
communications networks and services: 
Provided that where the Authority provides for any such
remuneration, it shall do so in a proportionate and transparent manner
and shall before doing so, determine and make public the criteria for
calculating such remuneration.
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Provision of 
additional 
facilities.102.(1) Without prejudice to regulation 75(2), the Authority
may require all providers of internet access services or publicly
available number-based interpersonal communications services to
make available free of charge all or part of the additional facilities
listed in Part B of the Sixth Schedule, subject to technical feasibility,
as well as all or part of the additional facilities listed in Part A of the
Sixth Schedule.
(2) When applying sub -regulation (1), the Authority may go
beyond the list of additional facilities in Parts A and B of the Sixth
Schedule in order to ensure a higher level of consumer protection.
(3) The Authority may waive the application of sub -regulation (1)
in all or part of Malta if it considers, after taking into account the
views of interested parties, that there is sufficient access to those
facilities.
PART XIII
PROTECTION OF PRIVACY 
Interpretation.
Cap. 586.
S.L. 586.01.103.(1) These regulations shall apply without prejudice to
Regulation (EU) 2016/679, the Data Protection Act and the Processing
of Personal Data (Electronic Communications Sector) Regulations.
Cap. 586.(2) Unless otherwise stated in this Part, the definitions in the Act
and in the Data Protection Act shall apply. 
(3) In this Part unless the context otherwise requires: 
""the Commissioner" means the Information and Data
Protection Commissioner; 
"communication" means any information exchanged or
transmitted between a finite number of parties by means of a
publicly available electronic communications service. This
definition does not include any information conveyed as part of a
broadcasting service to the public over a public electronic
communications network except to the extent that the
information can be related to the identifiable subscriber or user
receiving the information; 
"consent" means the consent by a subscriber or user and
corresponds to the consent given by a data subject in accordance
with Articles 7 and 8 of Regulation (EU) 2018/679; 
"emergency access numbers" means such numbers as are
established in accordance with the Act or any regulations made
thereunder to ensure the access of all users to emergency
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services; and 
"location data" means any data processed in a public
electronic communications network or by a public electronic
communications service, indicating the geographic position of
the terminal equipment of a user of a publicly available
electronic communications service.".  
Obligation to 
inform.104. An undertaking which provides publicly available electronic
communications services shall inform subscribers and, if possible,
users about the existence of any situations allowing the content of
communications to be unintentionally made known to persons who are
not party to  them. 
Presentation and 
restriction of 
calling and 
connected line 
identification.105.(1) Where presentation of calling-line identification is
offered, the undertaking which provides publicly available electronic
communications services shall ensure that: 
(a) the calling user shall have the possibility, using a
simple means and free of charge, of preventing the presentation
of the calling-line identification on a per call basis. The calling
subscriber shall have this possibility on a per line basis; 
(b) the called subscriber shall have the possibility, using
a simple means and free of charge for reasonable use of this
function, of preventing the presentation of the calling line
identification of incoming calls; 
(c) where the calling line identification is presented prior
to the call being established, the undertaking which provides
publicly available electronic communications services shall
ensure that the called subscriber shall have the possibility, using
a simple means, of rejecting incoming calls where the
presentation of the calling line identification has been prevented
by the calling user or subscriber. 
(2) Where presentation of connected line identification is offered,
the undertaking which provides publicly available electronic
communications services shall ensure that the called subscriber shall
have the possibility, using a simple means and free of charge, of
preventing the presentation of the connected line identification to the
calling user. 
(3) The provisions of sub -regulation (1)(a) shall also apply with
regard to calls to other countries, whereas the provisions of sub -
regulations (1)(b) and (c) and (2) shall apply to incoming calls
originating in other countries. 
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(4) Where the presentation of calling or connected line
identification is available, the undertaking which provides publicly
available electronic communications services or the undertaking which
provides a public electronic communications network shall inform
subscribers and users of the existence of such services as well as of the
possibilities referred in sub-regulations (1) and (2).
(5) Sub -regulations (1) and (3) shall not apply when a law
specifically provides for measures to restrict the scope of such rights
and obligations where such restrictions constitute a necessary,
appropriate and proportionate measure required in the interest of: 
(a) national security; 
(b) defence; 
(c) public security; 
(d) the prevention, investigation, detection and
prosecution of criminal or administrative offences, or of breach
of ethics for regulated professions; 
(e) an important economic or financial interest including
monetary, budgetary and taxation matters; 
(f) a monitoring, inspection or regulatory function
connected, even occasionally, with the exercise of official
authority referred to in paragraphs (c), (d) and (e); or 
(g) the protection of the subscriber or user, or of the
rights and freedoms of others. 
Exceptions. 106.(1) An undertaking which provides a public electronic
communications network and, or a publicly available electronic
communications service shall override anything done to prevent the
presentation of the identity of a calling line where: 
(a) a subscriber has requested the tracing of malicious or
nuisance calls received on his line, and 
(b) such an undertaking is satisfied that such action is
necessary and expedient for the purposes of tracing such calls: 
Provided that the data containing the identification of the
calling subscriber shall be stored and made available by the aforesaid
undertaking to the competent authority in accordance with the relevant
legislation: 
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Provided further that the aforesaid undertaking shall abide
with any decision that the Authority may , from time to time , issue
where the Authority considers that the aforesaid undertaking has not
taken adequate measures in accordance with the requirements of this
regulation. 
(2) The overriding reason for the elimination of the presentation
of the calling line identification in accordance with sub-regulation (1)
may only be provided for the duration of the period during which the
malicious or nuisance calls take place. 
(3) A request under this regulation shall be made in writing and
shall include such information as may be necessary for the processing
of the request. In cases of urgency a verbal request may be made ,
provided a written request is sent within twenty-four hours of the
request that was made verbally. 
(4) An undertaking which provides publicly available electronic
communications services shall not prevail over  the elimination of the
presentation of calling line identification and the temporary denial or
absence of consent of a subscriber or user for the processing of
location data, on a per line basis, for calls made to emergency access
numbers for the purpose of responding to such calls. 
Termination of 
unwanted 
automatic call 
forwarding.107.(1) An undertaking which provides a public electronic
communications network and, or publicly available electronic
communications services shall ensure that any subscriber has the
possibility, using a simple means and free of charge, of stopping
automatic call forwarding by a third party to the terminal of that
subscriber without delay. 
(2) For the purpose of this regulation, the undertaking providing
publicly available electronic communications services to the third
party referred to in sub-regulation (1) shall comply with any
reasonable requests made by the undertaking referred to in sub-
regulation (1). 
Application. 108.Regulations 105, 106 and 107 shall apply to subscriber lines
connected to digital exchanges, and where technically possible and if it
does not require a disproportionate economic effort, to subscriber lines
connected to analogue exchanges. 
Compensation 
for loss or 
damages 
resulting from 
failure to 
comply with 
these 
regulations.109.(1)  A person who suffers any loss or damage because of
any contravention of any regulations under this Part by any other
person shall be entitled to take action before the competent court or
tribunal, however so described , seeking compensation from that other
person for that loss or damage. 
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Cap. 586.(2) The period of limitation provided for in article 30(4) of the
Data Protection Act shall apply to an action under sub-regulation (1). 
Advice and 
request that the 
Authority 
exercises its 
enforcement 
functions.110.(1) The Authority may request the advice of and where
appropriate shall consult with the Commissioner in the exercise of any
of its functions under this Part. 
(2) Where it is alleged or proven that any of the provisions under
this Part have been contravened, the Commissioner or any aggrieved
person may request the Authority to investigate and, or exercise its
enforcement functions as it may deem necessary in respect of that
infringement: 
Provided that nothing in this regulation shall be interpreted as
a limitation on the discretionary powers of the Authority. 
PART XIV
MISCELLANEOUS
Publication of 
Information. 111.(1) The Authority shall ensure that all relevant information
on rights, conditions, procedures, charges, fees and decisions
concerning general authorisations, rights of use and rights to install
facilities is published and kept up to date in an appropriate manner in
order to provide easy access to that information for all interested
parties.
(2) Where information referred to in sub-regulation (1) is held at
different levels of government, including other public authorities, in
particular information regarding procedures and conditions on rights to
install facilities, the Authority shall make all reasonable efforts, having
regard to the costs involved, to create a user-friendly overview of all
such information, including information on the relevant levels of
government and the responsible public authorities, in order to facilitate
applications for rights to install facilities.
(3) The Authority shall ensure that the specific obligations
imposed on undertakings under the Act and these regulations are
published and that the specific product and service, and geographical
markets are identified. Subject to the need to protect commercial
confidentiality, the Authority shall ensure that up-to-date information
is made publicly available in a manner that guarantees all interested
parties easy access to that information.
(4) The Authority shall provide the European Commission with
the information published in accordance with this regulation. 
Legal 
interception.112.(1)  The Authority shall define the technical and operational
requirements necessary to enable legal interception of electronic
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communications by the competent authorities in accordance with any
law allowing and regulating such legal interception: 
Provided that in doing so the Authority shall give its reasons
for the technical and operational requirements it defines and shall seek
to ensure that any expenses that undertakings may have to incur in
order to meet any requirements it establishes are reasonable and
justified.
(2) An undertaking shall, at its expense, comply with such
requirements as may be defined by the Authority under sub-regulation
(1):
Provided that the Authority may introduce a mechanism for
the sharing of the cost of interception obligations where the Authority
considers this to be appropriate.
(3) A cost sharing mechanism and any associated fund
established under sub -regulation (2) may be administered directly by
the Authority or a body independent from the contributors and
beneficiaries, under the supervision of the Authority: 
Provided that any cost sharing mechanism based on a fund
shall respect the principles of transparency, non-discrimination and
proportionality. 
(4) Undertakings which are required to contribute to any fund
established under sub -regulation (2) shall do so in accordance with any
cost sharing mechanism as may be established by the Authority. 
Interpretation of 
regulations  
made under the 
Act.113. All regulations made under the Act shall be interpreted in
accordance with the provisions of the Act . 
Compliance. 114. (1) The Authority shall ensure compliance with the
provisions of these regulations and may, for this purpose and for the
carrying into effect of any provisions of these regulations, issue any
decisions it may consider to be necessary in this regard.
(2) A person shall in all instances comply with any decision of
the Authority issued under these regulations notwithstanding any
dispute, appeal or any legal proceedings however so described,
contemplated or commenced in relation to the said decision. 
(3) A person who fails to comply with any decision issued by the
Authority under these regulations shall be considered to have acted in
breach of these regulations. 
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Interest in the 
event of late 
payment of 
amounts due.115. Without prejudice to any enforcement action that the
Authority is entitled to take in accordance with the Act and any other
law which it is entitled to enforce, if an undertaking fails to pay to the
Authority any amount due by or under these regulations, interest at the
rate of eight percent per annum shall accrue as from the date when any
such amount falls due. 
Sanctions.
Cap. 418.116. Unless otherwise prescribed in these regulations, the
Authority may, in accordance with the provisions of Part VI of the
Malta Communications Authority Act, impose such sanctions and take
such enforcement measures, however so described, as it may consider
appropriate in accordance with the aforesaid Act, upon any person who
acts in breach of any provision of these regulations.
Revocation of 
L.N. 273 of 
2011.117. The Electronic Communications Networks and Services
(General) Regulations, 2011 are hereby being revoked. 
FIRST SCHEDULE
(Regulation 7)
LIST OF CONDITIONS WHICH MAY BE ATTACHED TO
GENERAL AUTHORISATIONS, RIGHTS OF USE FOR RADIO
SPECTRUM AND RIGHTS OF USE FOR NUMBERING
RESOURCES
Note: This Schedule provides the maximum list of conditions which
may be attached to general authorisations for electronic
communications networks and services, except number-independent
communications services (Part A); electronic communications
networks (Part B); electronic communications services, except
number-independent interpersonal communications services (Part C);
rights of use for radio spectrum (Part D); and rights of use of
numbering resources (Part E). 
Part A. General conditions which may be attached to a general
authorisation 
1.Administrative charges in accordance with regulation 12.  
Cap. 586. 
S.L. 586.01.2.Personal data and privacy protection specific to the electronic
communications sector in accordance with the Data Protection Act, the
Processing of Personal Data (Electronic Communications Sector)
Regulations and Part XIII of these regulations.
3.Information to be provided under a notification procedure in
accordance with regulation 5 and for other purposes as specified in
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regulation 16. 
4.Enabling of legal interception by competent national
authorities in accordance with Regulation (EU) 2016/679, the Data
Protection Act, the Processing of Personal Data (Electronic
Communications Sector) Regulations and Part XIII of these
regulations . 
5.Terms of use for communications from public authorities to
the general public for warning the public of imminent threats and for
mitigating the consequences of major catastrophes.
6.Terms of use during major disasters or national emergencies
to ensure communications between emergency services and
authorities.
7.Access obligations other than those provided for in
regulations 7 and 8 applying to undertakings providing electronic
communications networks or services.  
8.Measures designed to ensure compliance with the standards or
specifications referred to in regulation 26. 
9.Transparency obligations on providers of public electronic
communications networks providing publicly available electronic
communications services to ensure end-to-end connectivity, in
conformity with the objectives and principles set out in article 4 of the
Act, and where necessary and proportionate, access by the Authority to
such information needed to verify the accuracy of such disclosure.
Part B. Specific conditions which may be attached to a general
authorisation for the provision of electronic communications
networks
1.Interconnection of networks in accordance with the Act and
these regulations.  
2."Must carry" obligations in conformity with the Act and these
regulations. 
3.Measures for the protection of public health against
electromagnetic fields caused by electronic communications networks
in accordance with European Union law, taking utmost consideration
of Recommendation 1999/519/EC.
4.Maintenance of the integrity of public electronic
communications networks in accordance with the Act and these
regulations including conditions to prevent electromagnetic
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interference between electronic communications networks and, or
services in accordance with Directive 2014/30/EU. 
Cap. 586. 
S.L. 586.01.5.Security of public networks against unauthorised access in
accordance with the Data Protection Act, the Processing of Personal
Data (Electronic Communications Sector) Regulations, and Part XIII
of these regulations.  
6.Conditions for use of radio spectrum in accordance with
Article 7(2) of Directive 2014/53/EU where such use is not made
subject to the granting of individual rights of use in accordance with
article 37(1) and (2) of the Act, and regulation 35.  
Part C. Specific conditions which may be attached to a general
authorisation for the provision of electronic communications
services, except number-independent interpersonal
communications services. 
1.Interoperability of services in accordance with the Act and
these regulations.
2.Accessibility by end-users of numbers from the national
numbering plan, numbers from the Universal International Free phone
Numbers (UIFN), and, where technically and economically feasible,
from numbering plans of other Member States, and conditions in
accordance with the Act and these regulations.
3.Consumer protection rules specific to the electronic
communications sector.
Cap. 426.
Cap. 350.4.Restrictions in relation to the transmission of illegal content,
in accordance with the Electronic Commerce Act, and restrictions in
relation to the transmission of harmful content in accordance with
Parts IIIB and IIIC of the Broadcasting Act . 
Part D. Conditions which may be attached to rights of use for
radio spectrum 
1.Obligation to provide a service or to use a type of technology
within the limits of Part V of the Act and regulation 32 including
where appropriate, coverage and quality of service requirements . 
2.Effective and efficient use of radio spectrum in accordance
with the Act and these regulations. 
3.Technical and operational conditions necessary for the
avoidance of harmful interference and for the protection of public
health against electromagnetic fields, taking utmost account of
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Recommendation 1999/519/EC where such conditions are different
from those included in the general authorisation, of the radiation
emission standards adopted and published by ICNIRP or by a public
authority which at law is responsible for the adoption of any such
standards, or with any other appropriate standard as may be specified
at law
4.Maximum duration in conformity with regulation 36, subject
to any changes in the Frequency Plan. 
5.Transfer or leasing of rights at the initiative of the rights
holder and conditions for such transfer in accordance with the Act and
these regulations .
6.Fees for rights of use in accordance with regulation 31.
7.Any commitments which the undertaking obtaining the rights
of use has made in the framework of an authorisation or authorisation
renewal process prior to the authorisation being granted or, where
applicable, to the invitation for applications for rights of use.
8.Obligations to pool or share radio spectrum or allow access to
radio spectrum for other users in specific regions or at national level.  
9.Obligations under relevant international agreements relating
to the use of radio spectrum bands. 
10.Obligations specific to an experimental use of radio spectrum
bands.
Part E. Conditions which may be attached to rights of use for
numbering resources 
1.Designation of service for which the number shall be used,
including any requirements linked to the provision of that service and,
for the avoidance of doubt, tariff principles and maximum prices that
can apply in the specific number range for the purposes of ensuring
consumer protection in accordance with article 4(1)(d) of the Act.  
2.Effective and efficient use of numbering resources in
accordance with the Act and these regulations. 
3.Number portability requirements in accordance with the Act
and these regulations. 
4.Obligation to provide public directory end-user information
for the purposes of regulation 99. 
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5.Maximum duration in accordance with regulation 81, subject
to any changes in the national numbering plan.
6.Transfer of rights at the initiative of the rights holder and
conditions for such transfer in accordance with the Act and these
regulations, including any condition that the right of use for a number
be binding on all undertakings to which the rights are transferred. 
7.Fees for rights of use in accordance with regulation 82. 
8.Any commitments which the undertaking obtaining the rights
of use has made in the course of a competitive or comparative
selection procedure.
9.Obligations under relevant international agreements relating
to the use of numbers. 
10.Obligations concerning the extraterritorial use of numbers,
when permissible by the Authority, to ensure compliance with
consumer protection and other number-related rules in other countries. 
SECOND SCHEDULE
[Regulations 50(1) and 48(2)]
CONDITIONS FOR ACCESS TO DIGITAL TELEVISION AND 
RADIO SERVICES BROADCAST TO VIEWERS AND 
LISTENERS IN THE EUROPEAN UNION.
Part A. Conditions for conditional access systems to be applied
in accordance with regulation 50(1) 
In relation to conditional access to digital television and radio
services broadcast to viewers and listeners in the European Union,
irrespective of the means of transmission, the Authority shall, in
conjunction with other competent authorities, ensure in accordance
with regulation 50 that the following conditions apply: 
1.All undertakings providing conditional access services,
irrespective of the means of transmission, which provide access
services to digital television and radio services and the access services
of which broadcasters depend on to reach any group of potential
viewers or listeners shall :
1.1 offer to all broadcasters, on a fair, reasonable and non-
discriminatory basis compatible with European Union competition
law, technical services enabling the digitally-transmitted services of
broadcasters to be received by viewers or listeners authorised by
means of decoders administered by the service operators, and comply
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with European Union competition law ; and 
1.2 keep separate financial accounts regarding their activity as
conditional access providers.
2.When granting licences to manufacturers of consumer
equipment, holders of industrial property rights to conditional access
products and systems are to ensure that this is done on fair, reasonable
and non-discriminatory terms. Taking into account technical and
commercial factors, holders of rights are not to subject the granting of
licences to conditions prohibiting, deterring or discouraging the
inclusion in the same product of:
2.1. a common interface allowing connection with several other
access systems, or
2.2. means specific to another access system, provided that the
licensee complies with the relevant and reasonable conditions
ensuring, as far as that licensee is concerned, the security of
transactions of conditional access system operators. 
Part B. Other facilities to which conditions may be applied
under regulation 48(2)(c) 
1.Access to application program interfaces (APIs);  
2.Access to electronic programme guides (EPGs). 
THIRD SCHEDULE
(Regulation 62)
CRITERIA FOR THE DETERMINATION OF WHOLESALE 
VOICE TERMINATION RATES
Principles, criteria and parameters for the determination of rates for
wholesale voice termination on fixed and mobile markets referred to in
Article 75(1) of the Electronic Communications Code: 
(a) rates shall be based on the recovery of costs incurred
by an efficient operator; the evaluation of efficient costs shall be
based on current cost values; the cost methodology to calculate
efficient costs shall be based on a bottom-up modelling approach
using long-run incremental traffic-related costs of providing the
wholesale voice termination service to third parties;
(b) the relevant incremental costs of the wholesale voice
termination service shall be determined by the difference
between the total long-run costs of an operator providing its full
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range of services and the total long-run costs of that operator not
providing a wholesale voice termination service to third parties; 
(c) only those traffic-related costs which would be
avoided in the absence of a wholesale voice termination service
being provided shall be allocated to the relevant termination
increment;
(d) costs related to additional network capacity shall be
included only to the extent that they are driven by the need to
increase capacity for the purpose of carrying additional
wholesale voice termination traffic; 
(e) radio spectrum fees shall be excluded from the
mobile voice termination increment;
(f) only those wholesale commercial costs shall be
included which are directly related to the provision of the
wholesale voice termination service to third parties; 
(g) all fixed network operators shall be considered to
provide voice termination services at the same unit costs as the
efficient operator, regardless of their size;
(h) for mobile network operators, the minimum efficient
scale shall be set at a market share not below twenty per cent;
(i) the relevant approach for asset depreciation shall be
economic depreciation; and
(j) the technology choice of the modelled networks shall
be forward looking, based on an IP core network, taking into
account the various technologies likely to be used over the
period of validity of the maximum rate; in the case of fixed
networks, calls shall be considered to be exclusively packet
switched. 
FOURTH SCHEDULE
[Regulation 63(1)]
CRITERIA FOR ASSESSING CO-INVESTMENT OFFERS
When assessing a co-investment offer pursuant to regulation 63(1),
the Authority shall verify whether the following criteria have been met
at a minimum . The Authority may consider additional criteria to the
extent they are necessary to ensure accessibility of potential investors
to the co-investment, in light of specific local conditions and the
market structure:
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(a) The co-investment offer shall be open to any
undertaking over the lifetime of the network built under a co-
investment offer on a non-discriminatory basis. The undertaking
designated as having significant market power may include in
the offer reasonable conditions regarding the financial capacity
of any undertaking, so that for instance potential co-investors
need to demonstrate their ability to deliver phased payments on
the basis of which the deployment is planned, the acceptance of a
strategic plan on the basis of which medium-term deployment
plans are prepared, and similar ones .
(b) The co-investment offer shall be transparent:
(i) the offer shall be available and easily identified
on the website of the undertaking designated as having
significant market power;
(ii) full detailed terms shall be made available
without undue delay to any potential bidder that has
expressed an interest, including the legal form of the co-
investment agreement and, when relevant, the heads of
term of the governance rules of the co-investment vehicle;
and
(iii) the process, such as the road map for the
establishment and development of the co-investment
project shall be set in advance, shall be clearly explained in
writing to any potential co-investor, and all significant
milestones shall be clearly communicated to all
undertakings without any discrimination.
(c) The co-investment offer shall include terms to
potential co-investors which favour sustainable competition in
the long term, in particular:
(i) All undertakings shall be offered fair,
reasonable and non-discriminatory terms and conditions for
participation in the co-investment agreement relative to the
time they join, including in terms of financial consideration
required for the acquisition of specific rights, in terms of
the protection awarded to the co-investors by those rights
both during the building phase and during the exploitation
phase, for example by granting indefeasible rights of use
(IRUs) for the expected lifetime of the co-invested network
and in terms of the conditions for joining and potentially
terminating the co-investment agreement. Non-
discriminatory terms in this context do not entail that all
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potential co-investors shall be offered exactly the same
terms, including financial terms, but that all variations of
the terms offered shall be justified on the basis of the same
objective, transparent, non-discriminatory and predictable
criteria such as the number of end-user lines committed for. 
(ii) The offer shall allow flexibility in terms of the
value and timing of the commitment provided by each co-
investor, for example by means of an agreed and potentially
increasing percentage of the total end-user lines in a given
area, to which co-investors have the possibility to commit
gradually and which is set at a unit level enabling smaller
co-investors with limited resources to enter the co-
investment at a reasonably minimum scale and to gradually
increase their participation while ensuring adequate levels
of initial commitment. The determination of the financial
consideration to be provided by each co-investor needs to
reflect the fact that early investors accept greater risks and
engage capital sooner.
(iii) A premium increasing over time shall be
considered to be justified for commitments assumed at later
stages and for new co-investors entering the co-investment
after the commencement of the project, to reflect
diminishing risks and to counteract any incentive to
withhold capital in the earlier stages.
(iv) The co-investment agreement shall allow the
assignment of acquired rights by co-investors to other co-
investors, or to third parties willing to enter into the co-
investment agreement subject to the transferee undertaking
being obliged to fulfil all original obligations of the
transferor under the co-investment agreement. 
(v) Co-investors shall grant each other reciprocal
rights on fair and reasonable terms and conditions to access
the co-invested infrastructure for the purposes of providing
services downstream, including to end-users, in accordance
with transparent conditions which are to be made
transparent in the co-investment offer and subsequent
agreement, in particular where co-investors are individually
and separately responsible for the deployment of specific
parts of the network. If a co-investment vehicle is created,
it shall provide access to the network to all co-investors,
whether directly or indirectly, on an equivalence of inputs
basis and in accordance with fair and reasonable terms and
conditions, including financial conditions that reflect the
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different levels of risk accepted by the individual co-
investors.
(d) The co-investment offer shall ensure a sustainable
investment likely to meet future needs, by deploying new
network elements that contribute significantly to the deployment
of very high capacity networks.
FIFTH SCHEDULE
[Regulation 71(3)]
MINIMUM SET OF SERVICES WHICH THE ADEQUATE 
BROADBAND INTERNET ACCESS SERVICE IN 
ACCORDANCE WITH REGULATION 71(3) SHALL BE 
CAPABLE OF SUPPORTING:
(1) electronic address;
(2) search engines enabling search and finding of all type of
information ;
(3) basic training and education online tools ;
(4) online newspapers or news ;
(5) buying or ordering goods or services online ;
(6) job searching and job searching tools ;
(7) professional networking ;
(8) internet banking ;
(9) e-Government service use ;
(10) social media and instant messaging; and
(11) calls and video calls (standard quality). 
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SIXTH SCHEDULE
(Regulations 75, 102 and 94)
DESCRIPTION OF FACILITIES AND SERVICES
REFERRED TO IN REGULATION 75 (CONTROL OF
EXPENDITURE) REGULATION 102 (ADDITIONAL
FACILITIES) AND REGULATION 94 (PROVIDER
SWITCHING AND NUMBER PORTABILITY).
Part A. Facilities and services referred to in regulations 75 and
102 
When applied on the basis of regulation 75, Part A is applicable to
consumers, and such other categories of end-users as the Authority
may determine in accordance with the provisions of regulation 75(2).
When applied on the basis of regulation 102, Part A is applicable to
the categories of end-users established by the Authority except for
points (c), (d) and (g) which are applicable only to consumers.
(a) Itemised billing
1. The Authority may, subject to the requirements of the relevant
law on the protection of personal data and privacy, lay down the basic
level of itemised bills which are to be offered by providers to end-users
free of charge in order that they can:
(i) allow verification and control of the charges incurred
in using internet access services or voice communications
services, or number-based interpersonal communications
services in the case of regulation 102; and
(ii) adequately monitor their usage and expenditure and
thereby exercise a reasonable degree of control over their bills.
2. Where appropriate, the Authority may by decision establish
additional levels of detail that may be offered to end-users at
reasonable tariffs or at no charge.
3.Such itemised bills shall include an explicit mention of the
identity of the supplier and of the duration of the services charged by
any premium numbers unless the end-user has requested that
information not to be mentioned.
4.Calls which are free of charge to the calling end-users,
including calls to helplines, shall not be required to be identified in the
itemised bill of the calling end-user.
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5. The Authority may require operators to provide calling-line
identification free of charge.
(b) Selective barring for outgoing calls or premium SMS or
MMS, or, where technically feasible, other kinds of similar
applications, free of charge 
Namely, the facility whereby the end-users can, upon request to the
providers of voice communications services, or number-based
interpersonal communications services in the case of regulation 102,
bar outgoing calls or premium SMS or MMS or other kinds of similar
applications of defined types or to defined types of numbers free of
charge.
(c) Pre-payment systems. 
The Authority may require providers to offer means for consumers
to pay for access to the public electronic communications network and
use of voice communications services, or internet access services, or
number-based interpersonal communications services in the case of
regulation 102, on pre-paid terms.
(d) Phased payment of connection fees
The Authority may require providers to allow consumers to pay for
connection to the public electronic communications network on the
basis of payments phased over time.
(e) Non-payment of bills
1. Without prejudice to the provisions under this paragraph, the
Authority shall by decision authorise specified measures, which are to
be proportionate, non-discriminatory and published, to cover non-
payment of bills issued by providers. These measures are to ensure that
due warning of any consequent service interruption or disconnection is
given to the end-users beforehand. Except in cases of fraud, persistent
late payment or non-payment, those measures shall ensure, as far as is
technically feasible, that any service interruption is confined to the
service concerned. Disconnection for non-payment of bills shall take
place only after due warning is given to the end-users. 
2. Any measure taken in accordance with paragraph (1) shall
ensure that: 
2.1 appropriate notice in writing is given to end-users of any
consequent service suspension; 
2.2 during the period of suspension, undertakings providing an
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electronic communications service for originating national calls to a
number or numbers in a national telephone numbering plan shall,
subject to any decisions that the Authority may issue, ensure that such
measures allow a period of limited service during which only calls that
do not incur a charge to the subscriber are permitted, including
incoming calls, calls to "112" and other emergency call numbers, and
calls to the customer service of the undertaking; 
2.3 termination shall take place only after the aforesaid period of
suspension has expired and appropriate notice in writing of any
consequent termination of service has been given to subscribers; 
2.4 these measures are to ensure, as far as is technically feasible,
that any suspension or termination of the service is confined to the part
of the service or subscription to which the action or omission leading
to the suspension or termination relates;
2.5 the notice in writing referred to in sub-paragraphs (2.3) and
(2.4) shall specify as a minimum: 
2.5.1 the reasons for suspension and, or termination;
2.5.2 the notice period;
2.5.3 any available course of action which should be taken by the
subscriber to avoid termination and to have the service restored; and
2.5.4 any charges due on termination.
3. In cases of fraud, wilful damage to the network, illegal use of
a service or persistent late payment or persistent non-payment, the
provisions of paragraph (2) shall not apply: 
Provided that in the case of persistent late payment or of
persistent non-payment, the undertaking shall, at least three working
days before suspending or terminating the service, in writing notify the
end-user that the service shall be suspended or terminated, giving the
reasons therefor.
(f) Tariff advice
Namely, the facility whereby end-users may request the provider to
offer information regarding alternative lower-cost tariffs, if available .
(g) Cost control
Namely, the facility whereby providers offer other means, if
determined to be appropriate by the Authority, to control the costs of
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voice communications services or internet access services, or number-
based interpersonal communications services in the case of regulation
102, including free-of-charge alerts to consumers in the case of
abnormal or excessive consumption patterns.
(h)  Facility to deactivate third party billing
Namely, the facility for end-users to deactivate the ability for third
party service providers to use the bill of a provider of an internet
access service or a provider of a publicly available interpersonal
communications service to charge for their products or services.
Part B. Facilities referred to in regulation 102 
(a) Calling-line identification :
1. Namely, the number of the calling party is presented to the
called party prior to the call being established.
S.L. 586.01.2. This facility shall be provided in accordance with relevant law
on protection of personal data and privacy, in particular the Processing
of Personal Data (Electronic Communications Sector) Regulations and
Part XIII of these regulations.
3. To the extent that it is technically feasible, operators shall
provide data and signals to facilitate the offering of calling-line
identity and tone dialling across the borders of the Member State .
(b) E-mail forwarding or access to e-mails after termination
of the contract with a provider of an internet access service :
This facility shall, on request and free-of-charge, enable end-users
who terminate their contract with a provider of an internet access
service to either access their e-mails received on the e-mail addresses
based on the commercial name or trade mark of the former provider,
during a period that the Authority may by decision determine to be
necessary and proportionate, or to transfer e-mails sent to those
addresses during that period to a new email address specified by the
end-user.
Part C. Implementation of the number portability provisions
referred to in regulation 94 
1. The requirement that all end-users subscribed to voice
communications services with numbers from the national numbering
plan may request that they retain their numbers independently of the
undertaking providing the service shall apply:
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(a) in the case of geographic numbers, at a specific
location; and
(b) in the case of non-geographic numbers, at any
location.
2.This Part does not apply to the porting of numbers between
networks providing services at a fixed location and mobile networks . 
SEVENTH SCHEDULE
(Regulations 76 and 77)
CALCULATING THE NET COST, IF ANY, OF UNIVERSAL
SERVICE OBLIGATIONS AND ESTABLISHING ANY
COMPENSATION OR SHARING MECHANISM IN
ACCORDANCE WITH REGULATIONS 76 AND 77 
Part A. Calculation of net cost
Universal service obligations refer to those obligations placed upon
an undertaking in accordance with the Act and these regulations which
concern the provision of universal service as set out in regulations 71
to 74.
The Authority shall consider all means to ensure appropriate
incentives for undertakings, whether designated or not, to provide
universal service obligations cost efficiently. In undertaking a
calculation exercise, the net cost of universal service obligations is to
be calculated as the difference between the net cost for any
undertaking operating with the universal service obligations and
operating without the universal service obligations. Due attention is to
be given to correctly assessing the costs that any undertaking would
have chosen to avoid had there been no universal service obligations.
The net cost calculation shall assess the benefits, including intangible
benefits, to the universal service provider.
The calculation is to be based upon the costs attributable to:
(i)  elements of the identified services which can only be
provided at a loss or provided under cost conditions falling
outside normal commercial standards. This category may include
service elements such as access to emergency telephone services,
provision of certain public pay telephones, provision of certain
services or equipment for end-users with disabilities, and so on;
(ii) specific end-users or groups of end-users who, taking
into account the cost of providing the specified network and
service, the revenue generated and any geographical averaging
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of prices imposed, can only be served at a loss or under cost
conditions falling outside normal commercial standards. This
category includes those end-users or groups of end-users which
would not be served by a commercial provider which did not
have an obligation to provide universal service.
The calculation of the net cost of specific aspects of universal
service obligations is to be made separately in order to avoid the
double counting of any direct or indirect benefits and costs. The
overall net cost of universal service obligations to any undertaking is
to be calculated as the sum of the net costs arising from the specific
components of universal service obligations, taking account of any
intangible benefits. The Authority shall be responsible for verifying
the net cost.
Part B. Compensation of net costs of universal service
obligations
The recovery or financing of any net costs of universal service
obligations may require undertakings with universal service
obligations to be compensated for the services they provide under non-
commercial conditions. Because such a compensation involves
financial transfers, the Authority shall ensure that these are undertaken
in an objective, transparent, non-discriminatory and proportionate
manner. This means that the transfers result in the least distortion to
competition and to user demand.
In accordance with regulation 77(2) to (5) a sharing mechanism
based on a fund shall use a transparent and neutral means for
collecting contributions that avoids the danger of a double imposition
of contributions falling on both outputs and inputs of undertakings.
The independent body administering such fund is to be responsible
for collecting contributions from undertakings which are assessed as
liable to contribute to the net cost of universal service obligations and
is to oversee the transfer of amounts due and, or administrative
payments to the undertakings entitled to receive payments from such
fund. 
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EIGHTH SCHEDULE
(Regulation 87)
INFORMATION REQUIREMENTS TO BE PROVIDED IN 
ACCORDANCE WITH REGULATION 87 (INFORMATION 
REQUIREMENTS FOR CONTRACTS)
Part A. Information requirements for providers of publicly
available electronic communications services other than
transmission services used for the provision of machine-to-
machine services.
Providers of publicly available electronic communications services
other than transmission services used for the provision of machine-to-
machine services shall provide the following information:
(1) as part of the main characteristics of each service provided,
any minimum levels of quality of service to the extent that those are
offered and, for services other than internet access services, the
specific quality parameters assured: 
Provided that where no minimum levels of quality of service
are offered, a statement to this effect shall be made;
(2) as part of the information on price, where and to the extent
applicable, the respective prices for activating the electronic
communications service and for any recurring or consumption-related
charges;
(3) as part of the information on the duration of the contract and
the conditions for renewal and termination of the contract, including
possible termination fees, to the extent that such conditions apply:
(i) any minimum use or duration required for a person to
benefit from promotional terms;
(ii) any charges related to switching and compensation
and refund arrangements for delay or abuse of switching, as well
as information about the respective procedures;
(iii) information on the right of consumers using pre-paid
services to a refund, upon request, of any remaining credit in the
event of switching, as set out in regulation 94(10) to (13);
(iv) any fees due on early termination of the contract,
including information on unlocking the terminal equipment and
any cost recovery with respect to terminal equipment.
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(4) any compensation and refund arrangements,
including, where applicable, explicit reference to rights of
consumers, which apply if contracted levels of quality of service
are not met or if the provider responds inadequately to a security
incident, threat or vulnerability;
(5) the type of action that might be taken by the provider in
reaction to security incidents or threats or vulnerabilities.
Part B. Information requirements for providers of internet
access services and publicly available interpersonal
communications services
I. In addition to the requirements set out in Part A, providers of
internet access services and publicly available interpersonal
communications services shall provide the following information:
(1)  as part of the main characteristics of each service provided:
(i) any minimum levels of quality of service to the extent
that these are offered, and taking utmost account of the BEREC
guidelines adopted in accordance with Article 104(2) of
Electronic Communications Code regarding:
• for internet access services: at least latency, jitter, packet loss,
• for publicly available interpersonal communications services ;
where they exert control over at least some elements of the network or
have a service level agreement to that effect with undertakings
providing access to the network: at least the time for the initial
connection, failure probability, call signalling delays in accordance
with the Tenth Schedule, and
(ii) without prejudice to the right of end-users to use
terminal equipment of their choice in accordance with Article
3(1) of Regulation (EU) 2015/2120, any conditions, including
fees, imposed by the provider on the use of terminal equipment
supplied; 
(2) as part of the information on the price, where and to the extent
applicable, the respective prices for activating the electronic
communications service and for any recurring or consumption-related
charges:
(i) details of any specific tariff plans under the contract
and, for each such tariff plan the types of services offered,
including where applicable, the volumes of communications
(such as megabytes, minutes, or messages) included for any
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billing period, and the price for additional communication units;
(ii) in the case of any tariff plans with a pre-set volume of
communications, the possibility for consumers to defer any
unused volume from the preceding billing period to the
following billing period, where this option is included in the
contract;
(iii) facilities to safeguard bill transparency and monitor
the level of consumption;
(iv) tariff information regarding any numbers or services
subject to particular pricing conditions; with respect to
individual categories of services, competent authorities in
coordination, where relevant, with national regulatory authorities
may require in addition such information to be provided
immediately prior to connecting the call or to the provider of the
service;
(v) for bundled services and bundles including both
services and terminal equipment, the price of the individual
elements of the bundle to the extent they are also marketed
separately;
(vi) details and conditions, including fees, of any after-
sales service, maintenance, and customer assistance; and
(vii) the means by which up-to-date information on all
applicable tariffs and maintenance charges may be obtained;
(3) as part of the information on the duration of the contract for
bundled services and the conditions for renewal and termination of the
contract, where applicable, the conditions of termination of the bundle
or of elements thereof;
(4) without prejudice to Article 13 of Regulation (EU) 2016/679,
information on what personal data shall be provided before the
performance of the service or collected in the context of the provision
of the service;
(5) details on products and services designed for end-users with
disabilities and how updates on this information can be obtained;
Cap. 418. (6) the means of initiating procedures for the resolution of
disputes including national and cross-border disputes in accordance
with article 44 of the Malta Communications Authority Act.
II. In addition to the requirements set out in Part A and under
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Point I, providers of publicly available number-based interpersonal
communications services shall also provide the following information:
(1) any constraints on access to emergency services or caller
location information due to a lack of technical feasibility insofar as the
service allows end-users to originate calls to a number in a national or
international numbering plan;
S.L. 586.01.(2) the right of the end-user to determine whether to include his
personal data in a directory, and the types of data concerned, in
accordance with regulation 8 of the Processing of Personal Data
(Electronic Communications Sector) Regulations; 
III. In addition to the requirements set out in Part A and under
Point I, providers of internet access services shall also provide the
information required pursuant to Article 4(1) of Regulation (EU) 2015/
2120. 
NINTH SCHEDULE
(Regulation 88)
INFORMATION TO BE PUBLISHED IN ACCORDANCE
WITH REGULATION 88 (TRANSPARENCY AND
PUBLICATION OF INFORMATION)
The Authority shall ensure that the information stated in this
Schedule is published, in accordance with regulation 88. The
Authority shall decide which information is relevant to be published
by the providers of internet access services or of publicly available
interpersonal communications services, and which information is to be
published by the Authority in order to ensure that all end-users are able
to make informed choices. The Authority may if it considers it to be
appropriate, promote self or co-regulatory measures prior to imposing
any obligation.
1. Contact details of the undertaking
2. Description of the services offered
a. Scope of the services offered and the main
characteristics of each service provided, including any minimum
levels of quality of service where offered and any restrictions
imposed by the provider on the use of terminal equipment
supplied.
b. Tariffs of the services offered, including information
on communications volumes (such as restrictions of data usage,
numbers of voice minutes, numbers of messages) of specific
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tariff plans and the applicable tariffs for additional
communication units, numbers or services subject to particular
pricing conditions, charges for access and maintenance, all types
of usage charges, special and targeted tariff schemes and any
additional charges, as well as costs with respect to terminal
equipment.
c. After-sales, maintenance and customer assistance
services offered and their contact details.
d. Standard contract conditions, including contract
duration, charges due on early termination of the contract, rights
related to the termination of bundled offers or of elements
thereof, and procedures and direct charges related to the
portability of numbers and other identifiers, if relevant.
e. If the undertaking is a provider of number-based
interpersonal communications services, information on access to
emergency services and caller location, or any limitation on the
latter. If the undertaking is a provider of number-independent
interpersonal communications services, information on the
degree to which access to emergency services may be supported
or otherwise .
f. Details of products and services, including any
functions, practices, policies and procedures and alterations in
the operation of the service, specifically designed for end-users
with disabilities, in accordance with European Union law
harmonising accessibility requirements for products and
services.
3. Dispute resolution mechanisms, including those developed by
the undertaking. 
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TENTH SCHEDULE
(Regulation 89)
QUALITY OF SERVICE PARAMETERS
Quality-of-Service Parameters, Definitions and Measurement
Methods referred to in regulation 89 
For providers of access to a public electronic communications
network
For providers of interpersonal communications services who exert
control over at least some elements of the network or have a service
level agreement to that effect with undertakings providing access to
the network
Version number of ETSI EG 202 057-1 is 1.3.1 (July 2008)PARAMETER
(Note 1)DEFINITION MEASUREMENT METHOD
Supply time for
initial connec-
tionETSI 
EG 202 057ETSI EG202 057
Fault rate per
access lineETSI 
EG 202 057ETSI EG202 057
Fault repair
timeETSI 
EG 202 057ETSI EG202 057
PARAMETER
(Note 2)DEFINI-
TIONMEASUREMENT METHOD
Call set up time ETSI 
EG 202 057ETSI EG202 057
Bill correctness
complaintsETSI 
EG 202 057ETSI EG202 057
Voice connec-
tion qualityETSI 
EG 202 057ETSI EG202 057
Dropped call
ratioETSI 
EG 202 057ETSI EG202 057
Unsuccessful
call ratio
(Note2)ETSI 
EG 202 057ETSI EG202 057
Failure proba-
bility
Call signalling
delays
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For providers of internet access services
Note 1
Parameters shall allow for performance to be analysed at a regional
level (namely, no less than level 2 in the Nomenclature of Territorial
Units for Statistics (NUTS) established by Eurostat).
Note 2
The Authority may decide not to require up-to-date information
concerning the performance for those two parameters to be kept if
evidence is available to show that performance in those two areas is
satisfactory.
ELEVENTH SCHEDULE
(Regulation 100)
INTEROPERABILITY OF CAR RADIO RECEIVERS AND
CONSUMER DIGITAL TELEVISION EQUIPMENT
REFERRED TO IN REGULATION 100
1. Common scrambling algorithm and free-to-air reception
All consumer equipment intended for the reception of digital
television signals (namely, broadcasting via terrestrial, cable or
satellite transmission), for sale or rent or otherwise made available in
Malta, capable of descrambling digital television signals, is to possess
the capability to:
(a) allow the descrambling of such signals in accordance
with a common European scrambling algorithm as administered
by a recognised European standardisation organisation (currently
ETSI);
(b) display signals that have been transmitted in the
clear, provided that, in the event that such equipment is rented,
the renter complies with the relevant rental agreement.
2. Interoperability for digital television sets
Any digital television set with an integral screen of visible diagonalPARAMETER DEFINITION MEASUREMENT METHOD
Latency (delay) ITU-T Y.2617 ITU-T Y.2617
Jitter ITU-T Y.2617 ITU-T Y.2617
Packet loss ITU-T Y.2617 ITU-T Y.2617
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larger than 30 cm which is put on the market for sale or rent in Malta is
to be fitted with at least one open interface socket (either standardised
by, or conforming to a standard adopted by, a recognised European
standardisation organisation, or conforming to an industry-wide
specification) permitting simple connection of peripherals, and able to
pass all relevant elements of a digital television signal, including
information relating to interactive and conditionally accessed services.
3. Interoperability for car radio receivers
Any car radio receiver integrated in a new vehicle of category M
which is placed on the market for sale or rent in Malta from 21
December 2020 shall comprise a receiver capable of receiving and
reproducing at least radio services provided via digital terrestrial radio
broadcasting:
Provided that such radio services shall include digital
terrestrial broadcasting services of type DAB+:
Provided further that receivers which are in accordance with
harmonised standards the references of which have been published in
the Official Journal of the European Union or with parts thereof shall
be considered to comply with that requirement covered by those
standards or parts thereof. 
TWELFTH SCHEDULE
(Regulations 12, 31, 33 and 82)
(Regulation 12)
Part A. Administrative charges to be paid on an annual basis
Provided that undertakings providing any of the services
under category (b), (c), (d) or (e) shall pay to the Authority 1.1% of the
total gross revenue generated from electronic communications
services. This administrative charge of 1.1% of the total gross revenue
is not applicable in the case of revenues generated from publicly(a)Public electronic
communications networks€12,000
(b)Voice
communications services€12,000
(c)Internet access
services€2,500
(d)Television and radio
distribution services€12,000
(e)Other electronic
communications services€2,500
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available telephone directories and, or directory enquiry services by
undertakings authorised under category (e).
(Regulations 31 and 33)
Part B. Usage fees for radio spectrum to be paid on an annual
basis
In this part:
"700 MHz band" means the 703-733 MHz and 758-788 MHz
bands;
"800 MHz band" means the 791-821 MHz and 832-862 MHz
bands;
"900 MHz band" means the 880-915 MHz and 925-960 MHz
bands;
"1.5 GHz band" means the 1427-1517 MHz band;
"1800 MHz band" means the 1710-1785 MHz and 1805-1880 MHz
bands;
"2 GHz paired band" means the 1920-1980 MHz and 2110-2170
MHz bands;
"2 GHz unpaired band" means the 1900-1920 MHz band;
"2.6 GHz band" means the 2500-2690 MHz band;
"3.6 GHz band" means the 3400-3800 MHz band;
(a) for each paired 5 MHz channel in any of the following
frequency bands for terrestrial systems capable of providing
wireless broadband electronic communications services:
i. 700 MHz band €224,000
ii. 800 MHz band €224,000
iii. 900 MHz band €224,000
iv. 1800 MHz band €224,000
v. 2.6 GHz band €24,000
(b) for each unpaired 5 MHz channel in any of the following
frequency bands for terrestrial systems capable of providing
wireless broadband electronic communications services:
i. 1.5 GHz band €8,000
ii. 2.6 GHz band €5,500
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iii. 3.6 GHz band €9,000
(c) for rights of use for a 5 MHz unpaired channel in the 
2 GHz unpaired band and for 19.8 MHz spectrum in the 
2 GHz paired band, either of the following fees apply:
i. issued before 23 December 2019 for
a term of fifteen (15) years, either of the
following fees apply:
a. one-time upfront fee €5,823,433.50 or
 b. staggered annual payments as
defined in the rights of use, which
in total amounts to€8,618,681.57
ii. for extensions to the rights of use
referred to in (i) above, per annum fee or
part thereof€344,747.26
(d) for each channel for digital terrestrial television services:
i. in the 174-230 MHz band €5,823.43
ii. in the 479-694 MHz band €5,823.43
(e) for each frequency block of
1.536 MHz in the 174-230 MHz
band for terrestrial digital audio
broadcasting services€2,329.37
(f) provisional rights of use for
radio spectrum for:
i. the testing of wireless
technologies €100
ii. the carriage of trials of wireless
technologies for a period not exceeding
two years:
(a) for the first year of the rights of
use €600
(b) for the second year of the rights of
use €800
Provided that the fees under sub-paragraphs (i) and (ii)
shall be charged on a pro rata basis subject to a minimum fee of
€100.
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(Regulation 82)
Part C.  Usage fees for numbers to be paid on an annual basisDuring the course of an assignment process leading to the grant of
right of use for radio spectrum, the Authority may by a decision
published on its website, with the written prior consent of the
Minister after consultation with the Minister responsible for
finance, change a fee for any of the usage fees regulated in this Part
excluding the provisional rights of spectrum , if the Authority
considers that there are valid reasons to justify such a change which
change reflects the need to ensure the optimal use of these
resources. In doing so, the Authority shall establish the period
during which such revised fees shall apply:
Provided that in so doing the Authority shall act in a
transparent manner and give its reasons in writing for such a change
which reasons shall be published on its website.
(a) Numbers in the ‘2’,
‘3’, ‘7’ and ‘9’ number
ranges excluding such
numbers as the Minister
may, after consultation
with or on the advice of
the Authority, from time
to time establish by
order in the Gazette€700 per allocated numbering
block of 10,000 numbers or
proportionate depending on the
size of the allocated block
(b) Carrier select/pre-select
codes €5,000 for each code. 
(a)Numbers in the ‘4’
number range excluding
such numbers as the
Minister may, after
consultation with or on
the advice of the
Authority, from time to
time establish by order in
the Gazette. €700 per allocated numbering
block of 100,000 numbers.
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THIRTEENTH SCHEDULE
(regulation 8)
GENERAL AUTHORISATION FOR ELECTRONIC 
COMMUNICATIONS NETWORKS AND, OR SERVICES
PART 1 
Procedures for Imposition, Maintenance, Amendment or
Withdrawal of Specific Obligations
Specific obligations that may be imposed on authorised
undertakings by the Authority in accordance with these regulations are
legally separate from the obligations set out in Part 2. 
Such specific obligations shall be imposed in accordance with the
criteria and procedures established in these regulations, and without
prejudice to the generality of the foregoing, in particular with regard to
specific obligations: 
(a) regarding access and interconnection, in Part IX: 
(b) relating to access remedies on undertakings with
significant market power in so far as these relate to the
imposition, amendment or withdrawal of obligations in
regulations 56 to 61 and 63 to 67; 
(c) regarding retail services in regulation 70; and
(d) imposed on undertakings designated to provide
universal service.
PART 2 Conditions applicable to authorised undertakings 
Section A - Conditions applicable to authorised undertakings 
1. Scope of general authorisation  
1.1. An authorised undertaking is entitled to provide the electronic
communications network and, or services as described in a notification
made in its name in accordance with regulation 5. 
2. No special or exclusive rights 
2.1. This general authorisation shall not be construed as granting
any special or exclusive right to any person in relation to the provision
of electronic communications networks and, or services. 
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3. Applicability of laws, decisions of the Authority, etc.  
3.1. The Act, all national laws and regulations, and decisions of
the Authority, and applicable European Union Law, shall form an
integral part of this general authorisation except in those cases where
the undertaking is specifically exempted by the Authority; 
3.2. An authorised undertaking shall comply with the terms and
conditions of this general authorisation, as well as any applicable
obligations or requirements, however described, emanating from the
laws and decisions mentioned in paragraph 3.1 above;
3.3. Nothing in this general authorisation shall exempt any person
from the obligation to diligently obtain at his own expense any permit,
licence or other approval or authorisation however so described, that
may be necessary to construct, operate and maintain the services or
any part thereof, or from the obligation of complying with any
condition of any such permit, licence or other approval or
authorisation. 
4. Amendment of general authorisation  
4.1. The Authority may amend this general authorisation in
objectively justified cases and in a proportionate manner, in
accordance with the provisions of the Act and these regulations. The
authorised undertaking and all other interested parties, including users
and consumers, shall be given notice of the intention of the Authority
to amend the general authorisation, and shall be afforded the
opportunity to make representations on the proposed amendments . 
5. Administrative charges 
5.1. The authorised undertaking shall pay to the Authority any
charges due in accordance with or under the Act. 
6. Legal interception and data retention  
a. The authorised undertaking shall comply with all
requirements related to legal interception and data retention as
may be established under the Act and, or any other law. 
7. Transfer of general authorisation  
7.1. Any right, interest or entitlement resulting from this
authorisation is not transferable and may only be exercised by the
person identified in a notification made to the Authority in accordance
with regulation 5 in so far as they apply to the electronic
communications network and, or services described in that
VERŻJONI ELETTRONIKA
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notification. 
8. Provision of information  
Cap. 418.8.1. The authorised undertaking shall comply with any request for
information that the Authority may from time to time make, in
accordance with the Act, the Malta Communications Authority Act, or
these regulations in the form and at the time specified by the Authority.
9. Dispute resolution 
9.1. The authorised undertaking shall follow the procedures
established under the Act, the Malta Communications Authority Act or
by the Authority in order to resolve disputes in a fair, transparent and
timely manner and shall comply with all requirements or decisions in
relation to disputes, made by the Authority in accordance with the Act. 
10. Annual report  
10.1.  When requested by the Authority the authorised undertaking
shall submit to the Authority a copy of any existing company annual
report.
11. Major disasters or national emergencies
11.1.  The authorised undertaking shall comply with any decisions
issued by the Authority and make arrangements for the provision or
rapid restoration of such communication services as are practicable
and may reasonably be required by the Authority in the event of, or
during a major disaster or national emergency in order to ensure
communications between emergency services and the competent
authorities and broadcasts to the general public:
Provided that for the purposes of this condition, "major
disaster" or "national emergency" includes any major incident having a
significant effect on the general public. 
12. Standards and specified interfaces 
12.1. The authorised undertaking shall comply with any relevant
compulsory standards as may be established from time to time for the
provision of services, technical interfaces and, or network functions.
Where no compulsory standards have been issued, the authorised
undertaking shall give due regard to any notices or guidelines that the
Authority may issue with respect to standards, as well as any relevant
voluntary standards and, or specifications published by the European
Commission in accordance with regulation 26, and, or those that may
be adopted by any European standards organisations or internationally
recognised standardisation bodies. 
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13. Integrity of the network, electro-magnetic radiation and
harmful interference
13.1.  The authorised undertaking shall take all necessary measures
to ensure that the network does not cause harmful interference with the
lawful use or operation of any electronic communications network
and, or services;
13.2.  The authorised undertakings shall comply with any radiation
emission standards adopted and published by the International
Commission on Non-Ionising Radiation Protection (ICNIRP) or by a
public authority which at law is responsible for the adoption of any
such standards, or with any other appropriate standard as may be
specified at law;
13.3.  The undertaking shall comply with any decisions issued by
the Authority in relation to electromagnetic radiation and harmful
interference and ensure that the network and all services at all times
comply with the technical and performance standards generally
accepted by the industry or as may be prescribed in accordance with
paragraph 13.2. or as may be accepted by the Authority or by the
competent public health authorities as being adequate to ensure the
limitation of exposure of the general public to electromagnetic fields.
Section B - Conditions applicable to Television and, or Radio 
Distribution Services
In addition to the general conditions stipulated in Part 2, Section A ,
authorised undertakings providing television and, or radio distribution
services shall also comply with the following conditions:
1. Broadcasting Rules 
1.1. An authorised undertaking shall comply with all broadcasting
and radio content regulations and authorisation requirements as
appropriate. 
2. "Must Carry" Rules 
2.1. An authorised undertaking shall distribute those radio and, or
television broadcasting services as may be established by the
Authority in accordance with its powers at law. 
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FOURTEENTH SCHEDULE
List of competent authorities:
Competent 
authority 
responsibleProvisions for which the 
competent authority is 
responsibleRemarks
Planning Author-
ityRegulation 44(2)
Department for
Health under the
Superintendent of
Health Regulation 45 
VERŻJONI ELETTRONIKA
B 2832
________________________________________________________________________________________________________________________
Ippubblikat mid-Dipartiment tal-Informazzjoni (doi.gov.mt) — Valletta — Published by the Department of Information (doi.gov.mt) — Valletta
Mitbugħ fl-Istamperija tal-Gvern fuq karta FSC — Printed at the Government Printing Press on FSC certified paper
Prezz /Price
€13.41
VERŻJONI ELETTRONIKA