S.L. 399.23 · Directives By The Malta Communications (S.L. 399.23)
S.L. 399.23 Art. 4shares in a 5. 6. or 7. 31 This effect. Joseph Malta The means of Legal progress made company that ordered by the stipulated in directive of the Joseph Malta cross-subsi article 19 of the Electronic the Electronic In its letters Scheme material and and/ 2002 that was presented and determines as as a
The mandatory shall not be entitled to sell Maltacom’s Vodafone (Malta) Limited but shall be empowered to give his consent as Director of Vodafone (Malta) Limited for the purpose of removing any obstacles to the reduction in the said company’s tariffs for mobile electronic communications services and for the adoption of market oriented tariff structures and strategies by the company. This arrangement shall continue until the end of July 2001 when the Authority will review the situation and the progress made in the implementation of the process envisaged by the Plan. Vodafone (Malta) Limited shall to-operate towards enabling the sale of the shares of Maltacom p.l.c. in that company and no shareholder or director in the said company shall seek to take advantage of the situation in order to seek to dictate the price at which the shares are sold in order to seek a forced sale of the shares or to put in motion any procedure with such a purpose or effect. Vodafone (Malta) Limited and its Directors and shareholders shall not interpret the present measure as a "Relevant Event" in terms of Article of the Articles of Association of that company. directive is being issued on the 4th June 2001 and shall have immediate
V.Tabone Chairman Communications Authority
Directive by the Malta Communications Authority (Legal Notice 192 of 2001) Authority, further to its directive of the 4th June, 2001 published by Notice 130 of 2001, and after having reviewed the situation and the with regard to the issue of the divestiture of the shares held by the Maltacom p.l.c. in the company Vodafone Malta Limited, hereby directs notwithstanding the provisions of paragraph 5 in the list of specific measures Authority in the said directive of the 4th June, 2001, the arrangement that directive shall remain in force until modified or revoked by another Authority. V.Tabone Chairman Communications Authority
Directive by the Malta Communications Authority (Legal Notice 321 of 2002) Vodafone Malta Ltd submitted two separate letters to the Authority alleging disation by Maltacom plc in favour of its subsidiary Mobisle Communications Ltd in the form of cross-promotion alleging this to be in breach of the Electronic Communications (Regulation) Act and of regulation 9 of Communications Services (General) Regulations. Vodafone Malta Ltd referred the matter to the Authority in terms of articles 19 and 27 of Communications (Regulation) Act, asking the Authority to investigate. Vodafone Malta Ltd referred also to Maltacom plc's Shareholders' Loyalty and Key Loyalty Scheme, and to various instances of advertising campaigns that Vodafone Malta Ltd alleged to be instances of cross-promotion or cross-subsidisation.
The Authority issued a preliminary decision dated 17th April, communicated to Maltacom plc, Vodafone Malta Ltd and Mobisle Communications Ltd. Subsequently Maltacom plc, Vodafone Malta Ltd and Mobisle Communications Ltd made other submissions to the Authority. The Authority having considered all the documentation submissions made and the advice of the Office of Fair Trading, follows:
Cross-promotion as a result of advertising campaigns In the course of the investigations conducted, the Authority established matter of fact that there is the desired level of operational independence Maltacom plc and Mobisle Communications Ltd and that a proper system group accounting was being applied consistently thereby av subsidisation practices not allowed under the Electronic Com (Regulation) Act. In reaching this conclusion the Authority established following:
(a) Maltacom plc and Mobisle Communications Ltd have independent advertising campaigns as well as joint initiatives;
(b) Inter-company transactions between Maltacom plc Communications Ltd are being correctly disclosed and reconciled;
(c) Both Maltacom plc and Mobisle Communications Ltd separately operating marketing departments and both independent and separate advertising agencies for their promotional activities and interactions between Maltacom Mobisle Communications Ltd relating to promotional carried out by the respective advertising agencies. Key Loyalty Scheme and Shareholders’ Loyalty Scheme The Authority established that Mobisle Communications Ltd standard third party agreements with Maltacom plc in respect of its Maltacom's Key Loyalty Scheme and Shareholders’ Loyalty Scheme The Authority established that in relation to the electronic communications the only participants in these two schemes are Maltacom plc's subsidiaries. In relation to the Key Loyalty Scheme the Authority considers affairs as contrary to the principles of competition law in t communications sector, particularly regulation 9 of the Electronic Communications Services (General) Regulations, in that the said scheme provides whereby points earned on the usage of fixed telephony services Maltacom plc which currently has a monopoly for such services, can from participants in the scheme which include Maltacom plc’s subsidiaries, which at present does not include other authorised providers in communications sector. The Authority therefore considers that the participation this scheme should also be open to other authorised providers subsidiaries of Maltacom plc. relation to the Shareholders’ Loyalty Scheme, the Authority considers scheme does not violate the Electronic Communications (Regulation) Act or Communications Services (General) Regulations, once eligibility for based solely on the criteria of being a shareholder in Maltacom plc. considers that it is only fair and reasonable for a shareholder in to have an interest in the successful operations of Maltacom plc and of and to enjoy the benefits of his participation. Therefore pursuant to the Electronic Communications (Regulation) Act and Communications Services (General) Regulations the Authority is following Directive: That Maltacom plc shall ensure that the Key Loyalty Scheme is not, in relation to the electronic communications sector, exclusively limited to Maltacom plc’s subsidiaries. Any authorised provider who is not a subsidiary of Maltacom plc who requests to participate in such a scheme, shall be offered the same terms and conditions as other authorised providers in the electronic communications sector already participating in the scheme, and shall not be subject to any greater or lesser rights or obligations. That in the case of Mobisle Communications Ltd, in relation to electronic communications services which are regulated by or under the Electronic Communications (Regulation) Act, no additional discounts the form of redeemed points as indicated in the Key Loyalty Scheme brochure, shall be granted to its subscribers over and above those approved by the Authority. This Directive shall come into force on the date of its publication in the Gazette. V.Tabone Chairman Communications Authority
Directive by the Malta Communications Authority (Legal Notice 365 of 2002, as amended by L.N. 180 of 2012) Sub-regulation (6) of regulation 33 of the Electronic Communications (General) Regulations, 2000 requires an operator to make available a basic itemised billing at no extra charge for the subscriber. Such basic level of billing must show a sufficient level of detail to allow verification of the incurred by the subscriber. Authority, in its letter dated 10th March 2002 communicated to gave its final decision as to the basic level of itemised billing required subscriber can verify the charges incurred. In this decision the Authority that the basic level of detail required on call charges that has to be this purpose is the: Destination telephone number, Date of call (in DD/MM/YY or DD/MM format), Time of call (in HH:MM:SS format), Duration of call (in HH:MM:SS format), and • Charge (in € 00.00 format) for each individual call made, for those calls on which a charge is levied relevant billing period. The Authority determined that billing information level does not effectively enable subscribers to verify the charges incurred. The Authority held that such level of detail is to be provided basis at no extra charge to subscribers and that subscribers are to be their right to receive itemised bills with the level of detail as established decision of the Authority. Subsequent to the Authority’s final decision, Maltacom proceedings contesting this decision. Sub-article (6) of article 35 of the Electronic Communications Act states that a decision of the Authority which has been appealed shall where the Administrative Review Tribunal established by article 5 of the Justice Act or the Court of Appeal, as the case may be, so orders, be consequence of the bringing of an appeal. Therefore, pursuant to the Electronic Communications (Regulation) the Electronic Communications Services (General) Regulations, the making the following Directive: 1. that Maltacom plc shall forthwith comply with the final Authority as communicated to Maltacom plc; 2. without prejudice to paragraph 1, that Maltacom plc shall subscriber decides to opt-in for the level of detail as determined final decision of the Authority, furnish at no extra subscriber, itemised bills having such level of detail, commencing the bill issued subsequent to the request of the subscriber as the subscriber otherwise requires; 3. this Directive shall come into force on the date of its publication Gazette. Joseph V.Tabone Chairman Malta Communications Authority
Directive by the Malta Communications Authority (Legal Notice 181 of 2003) The Malta Communications Authority, in exercise of the powers by regulation 3 of the Electronic Communications (Leased Lines) Regulations, and after having established that Maltacom p.l.c. has a dominant market the relevant leased lines market, hereby requires Maltacom p.l.c. to point in Malta the minimum set of leased lines with harmonised characteristics as specified in the First Schedule to the said regulations. Joseph V.Tabone Chairman Malta Communications Authority Directive by the Malta Communications Authority (Legal Notice 303 of 2003)
Keyworld Ltd requested the intervention of the Authority in accordance with and 29 of the Electronic Communications (Regulation) Act, alleging plc had disabled access from public payphones to numbers starting digits 2188 and that consequently subscribers to the OneVoice service Keyworld Ltd were unable to connect to the access number 21884773 Maltacom plc payphone. Subsequent to this communication both Maltacom plc and Keyworld Ltd. submissions to the Authority. Authority after having also considered all the submissions made and the presented by all the parties, determines as follows: numbering allocation and management is the responsibility of the Maltacom plc does not have the right to disable access to such its public payphones. Reference in this context is made to regulation Notice 151 of 2000 which requires operators to conform to any direction Authority gives concerning the national numbering plan. Authority considers that the determination of the issues in question primarily on the disabling of access to a set of numbers for which there is no cause at law. The Authority administers the numbering plan and has never operator to block access to sections of this plan. Moreover there should differences between the numbers accessible from a residential or business a public payphone as this would constitute a discriminatory practice. Authority in line with its functions including those under article 4 of considers that there is no valid reason or justification at law why Maltacom unilaterally disable access to the 2186 and 2188 numbering ranges and Maltacom's actions are contrary to the Electronic Communications (Regulation) articles 18(a) (b) and (f), and 29 thereof. The Authority considers the access by Maltacom plc to be a practice that is unreasonable and runs the obligation of Maltacom plc to make available electronic communications services it provides accessible. Authority considers that Maltacom plc’s actions contravene regulation Electronic Communications Services (General) Regulations, in particular thereof, and that such actions have the effect of preventing, restricting competition to the advantage of Maltacom plc and/or its subsidiaries breach also of the general principles of competition law. Therefore pursuant to the Electronic Communications (Regulation) Act, the Communications Services (General) Regulations and the Internet and Networks (Service Providers) Regulations is making the following
That Maltacom plc shall not without, prior written authorisation from the Authority, disable access from any numbers to any numbers within numbering ranges allocated to it in accordance with the national numbering plan and to the extent that it is currently acting in violation this directive forthwith desist from doing so; That any advertisements placed in promoting packet switched voice services must clearly indicate the type of service beings offered and cannot be marketed as telephony; That access to any internet access service, however so described, must be made only by using 2188XXXX or 2186XXXX or stipulated by the Authority;
Verweist auf
- S.L. 399.23 Art. 18
- S.L. 399.23 Art. 19
- S.L. 399.23 Art. 35
- S.L. 399.23 Art. 5