S.L. 399.48 Art. 5General authorisation of electronic communications networks and services.

(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 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 sub-regulation (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, 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) AND SERVICES (GENERAL)

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.