Cap. 418 Art. 2Interpretation.

In this Act, unless the context otherwise requires -

"this Act" means the Malta Communications Authority Act, and includes any regulations made thereunder unless the context otherwise requires;

"associated facilities" means those associated services, physical infrastructures and other facilities or elements associated with an electronic communications network and, or an electronic communications service which enable and, or support the provision of services through that network and, or service or have the potential to do so, and include buildings or entries to buildings, building inter alia wiring, antennae, towers and other supporting constructions, ducts, conduits, masts, manholes, and cabinets;

"authorization" means any authorization including any general authorization, licence, right to use or permit, however so described, that a person may hold or be granted under any law which the Authority is entitled to enforce or administer; "Authority” means the Malta Communications Authority established by article 3 and any references in this Act or any other law to the Authority shall, unless the context otherwise requires, be construed as including a reference to any person authorised by the Authority to act for or on its behalf; "BEREC" means the Body of European Regulators for Electronic Communications established by Regulation (EU) 2018/1971 of the European Parliament and of the Council of 11 December 2018 establishing the Body of European Regulators for Electronic Communications (BEREC) and the Agency for Support for BEREC

*See commencement notice LN 296 of 2021. (BEREC Office);

"Board" unless the context otherwise requires, means the Board of the Authority composed of the Chairman and members appointed in accordance with article 3; "Chairman" means the Chairman of the Authority and includes, in the circumstances mentioned in article 3(3), the Deputy Chairman or other person appointed to act as Chairman; Civil Court" means the Civil Court (Commercial Section)

established by article 3 of the Civil Courts (Establishment of Section) Order;

"communications" includes electronic communications, postal services, data protection in electronic communications, electronic commerce and such other matters as the Minister may by Order from time to time prescribe; "consumer" means any natural person who uses or requests a communications service for purposes which are outside his trade, business, craft or profession

"contractor" means a person acting in pursuance of an agreement entered into with the Authority or in accordance with article 5(2);

"decision" includes any directive, determination, direction, licence condition, measure, requirement or specification however so described made by the Authority and the word "decision" shall be construed accordingly; "directive" means a directive issued by the Authority in terms of article 4; "Electronic Communications Code" means Directive (EU) 2018/ 1972 of the European Parliament and of the Council of the 11 December 2018 establishing the European Electronic Communications Code; "employee" means a person employed by the Authority;

"end-user" means any person other than an undertaking who uses or requests a communications service;

"end-user with disabilities" means a person with a disability as defined in the Equal Opportunities (Persons with Disability) Act, whose special needs as an end-user are either due to a disability or to ageing; "European Commission" means the Commission of the European Union; "financial year" means any period of twelve months ending on the 31st December, so however that the Minister may, after consultation with the Authority, vary such date;

"harmful interference" means interference which endangers the functioning of a radio navigation service or of other safety services or which otherwise seriously degrades, obstructs or repeatedly interrupts a radio communications service operating in accordance with the applicable international, European Union or national regulations;

"member", unless the context otherwise requires, includes the Chairman of the Authority;

"Member State" means a Member State of the European Union; "Minister" means the Minister responsible for communications; "online interface" means any software, including a website, part of a website or an application, that is operated by or on behalf of an undertaking, and which serves to give end-users access to the goods or services provided by that undertaking;

"public officer" in relation to article 11, has the same meaning assigned to it by article 124 of the Constitution but does not include a judge of the Superior Courts or a magistrate of the Inferior Courts; "qualified entity" means the same as the meaning assigned to it under article 4 of the Representative Actions (Consumers) Act

"RSPG" means the Radio Spectrum Policy Group established by the European Commission Decision of 11 June 2019 setting up the Radio Spectrum Policy Group; "Tribunal" means the Administrative Review Tribunal established by article 5 of the Administrative Justice Act; "undertaking" means a person providing or authorised to provide communications networks and, or services and, or associated facilities; and "user" includes any person who uses or requests any communications service.