S.L. 399.48 Art. 72Provision of affordable universal service.

(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: AND SERVICES (GENERAL)

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 an 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.

(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 sub-regulation (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.