Cap. 350 чл. 40General interest objective network operator and general interest broadcasting content licensees.

(1) The Authority shall appoint and license a network operator (hereinafter referred to as "the network operator") to run the general interest objective network licensed by the Malta

Communications Authority in terms of the Electronic Communications (Regulation) Act.

(2) The Authority shall decide, following a call for applications, which licensees of general content objective services approved by it shall be carried by the network operator. The first call for applications to be issued by the Authority shall be open to those broadcasting services existing on the 1st December 2010 as free-to-air analogue broadcasters. Following the first call for applications, the Authority may issue a second or subsequent call to assign available channels on the general interest objective network:

Provided that any public service television service which was broadcasting on the 1st December 2010 shall be automatically considered to qualify for the purposes of this provision as a general interest broadcasting service without the need of applying as aforesaid.

(3) When making regulations to establish criteria for evaluating an application for a general interest nationwide television broadcasting service, the Prime Minister, after consultation with the Authority, shall consider the following criteria:

(a) general criteria concerning quality programming across the full range of public tastes and interests;

(b) programming of an educational and cultural nature;

(c) news and current affairs programming;

(d) a comprehensive and accurate information service in the interests of a democratic and pluralistic society.

(4) The Authority shall determine the channel line up on the general interest objective network from amongst the general interest broadcasting content licensees and the network operator shall comply with such determination. The Authority’s decision shall be final.

(5) Notwithstanding the provisions of any other law, general interest objective service licensees broadcasting on the general interest objective network shall offer free of charge their broadcasting content to such electronic communications networks as the Authority may from time to time direct or approve.

(6) The Authority may make regulations to give better effect to the provisions of this article and may, without prejudice to the generality of the foregoing, make regulations in respect of the determination of disputes between the network operator and the general interest objective service, the regulation of the general interest objective network in order to ensure that the network operator abides by the provisions of this article and any regulations made thereunder and, generally to ensure that an uninterrupted service is provided by the network operator: Provided that in the case of a dispute between the network operator and a general interest objective service licensee, such disputes shall be referred to a standing arbitral tribunal to be composed of one person appointed by the Broadcasting Authority who shall preside, one person appointed by the Malta Communications Authority and one person appointed in agreement between the Broadcasting Authority and the Malta Communications Authority. The said tribunal shall decide the complaint as expeditiously as possible and its decision shall be final.

(7) The Authority shall approve the conditions and fees imposed on the contract entered into between the network operator and the general interest objective service.