Cap. 399 Art. 47Regulations.

(1) The Minister may, either on the recommendation of the

Authority or on his own initiative after consultation with the

Authority, make regulations to give better effect to any of the provisions of this Act and in particular to:

(a) regulate electronic communications services and, or networks including interconnection of networks, collocation and sharing of network elements and associated facilities, conduct of a geographical survey, carrier pre-selection, access to networks, rights of way, security of networks and services, the transmission or reception of satellite signals, the maintenance of and publication, and access to any information however so described, stipulate universal service obligations, any matter concerning numbers including portability, plans and allocation, any matter concerning e-mail forwarding or other similar services to ensure fair competition or for end-user protection purposes, the obligations of an undertaking having significant market power, competition and end-user or consumer protection rules including but not limited to rules relating to the suspension, termination and renewal of electronic communications services to end-users and, or consumers, the use of unfair terms in electronic communications contracts, unfair commercial practices in so far as they relate to the provision of electronic communications services to end-users and, or consumers, compensation and refund arrangements, billing procedures and billing accuracy, emergency communications and services, public warning systems, harmonised services for social value, and directory enquiry services;

(b) provide for any requirements that may be imposed on undertakings to adopt accounting systems as may be prescribed and to keep such operational, accounting, financial, statistical and technical records as may be specified in the regulations, including the provision to the Authority of such statement, returns and other information about any company in which an undertaking has a controlling interest as the Authority may require for the carrying out of its functions under this Act;

(c) provide for the conditions applicable to any authorisations and, or licences however so described, and returns and reports to be made to the Authority;

(d) regulate the manner in which an electronic communications and, or radiocommunications infrastructure or apparatus is to be installed, operated, maintained, protected or controlled and the technical standards or specifications to be observed with respect to such infrastructure or apparatus;

(e) provide for the measures to be taken to ensure compliance with international and other standards used in the electronic communications and for the means to be used and the measures to be adopted to ensure safety and prevent danger, damage or nuisance in relation to any aspect of electronic communications;

(f) regulate the quality and standard of electronic communications services to be provided, and quality of service targets and the establishment and maintenance of an efficient assistance service by undertakings for users;

(g) provide for the complaint processing procedures to be implemented by an undertaking;

(h) regulate television and radio distribution services including must carry rules, and the obligation to make channel capacity for public, governmental or educational use;

(i) provide for any matter relating to the resolution of any disputes and, or complaints however so described relating to electronic communications networks or services including appeals from any decision, and the procedure to be followed in the resolution of cross-border disputes;

(j) regulate the procedure for the resolution of disputes involving electronic communications networks and, or services and end-users and the relationship between the Authority and other public authorities responsible for the resolution of disputes;

(k) provide for data retention obligations, and for rules regarding the access by the Authority and by the Police to data retained by undertakings, and prescribe measures to be taken by any person for the purpose of ensuring the inviolability of electronic communications transmitted and their confidentiality and the protection of privacy in relation to any electronic communications service including data protection measures in the electronic communications sector and data protection measures related to the use of information obtainable in the electronic communications sector for the purpose of direct marketing;

(l) regulate the provision of information between Malta and the European Union and, or Members States;

(m) regulate and provide for any fees and, or charges however so described that may be payable to the Authority;

(n) provide for any matters that may be required for the purpose of complying with any international obligations of Malta related to electronic communications in particular for the purpose of complying with any requirements however so described of the European Union;

(o) regulate the allocation, assignment and use of radio spectrum for electronic communications networks and, or services, including the transfer or lease of rights to use radio frequencies to other undertakings and the procedure to be followed;

(p) regulate any matter relating to the regulation, administration, management and authorisation of radio spectrum, including any aspect concerning the issue of authorisations, spectrum trading, the manner in which radio frequencies and, or apparatus as may be designated, may be used without the need of an authorisation, and the fees and conditions that may be imposed in relation thereto;

(q) empower the Authority to impose administrative penalties not exceeding the sum of two hundred and fifty thousand euro (€250,000) for each breach and, or five thousand euro (€5,000) for each day during which failure to comply with this Act continues, upon any person acting in contravention of any regulations made under this Act and to provide for the imposition and enforcement of such administrative penalties in accordance with the provisions of this Act and with the

Malta Communications Authority Act;

(r) provide for rules to be applicable in relation to the imposition of any administrative penalties as may be made under this article where any person fails to comply with this Act;

(s) regulate the obligations including financial obligations of undertakings with regard to legal interception;

(t) provide for any matter relating to the qualifications that a person may require in order to carry out any works or perform any other act relating to construction, repair, maintenance, alteration or control of any electronic communications service and, or network, including the tests to be employed for ascertaining whether a person possesses these qualifications;

(ta) regulate activities taking place within an exclusive economic zone area or environment protection area as defined in the Exclusive Economic Zone Act;

(u) prescribe punishments for criminal offences against any regulations made under this Act, including different fines (multa) for different offences and, or fines (multa) calculated in accordance with the duration of the commission of the offence: Provided that any such regulations as may be made shall not provide for a fine (multa) of more than twenty five thousand euro (€25,000) and, or five hundred euro (€500) for each day during which the offence continues;

(v) prescribe anything that may be prescribed under this Act: Provided that the Minister may, when making any regulations under this sub-article which relate to standards or to matters of a strictly technical nature, make such regulations in the English language only.

(2) Without prejudice to the provisions of article 5A, the Minister may, after consultation with the Authority, by order in the Gazette empower any other public authority established by law to exercise any specific functions under this Act or under any regulations made thereunder where in the opinion of the Minister it is deemed appropriate in the particular circumstances for the said functions to be exercised by another public authority:

Provided that in issuing an order under this sub-article the Minister shall give his reasons therefor.

(3) The Minister may, when making any regulations under this article, require that the Authority acts in co-ordination and, or consults with any other public body or bodies as the Minister may from time to time determine. In doing so the Minister shall consult with any such other Minister as may be responsible for any such public bodies, and with the Authority.

(4) The Authority may by order in the Gazette amend the rights, conditions and procedures concerning general authorisations and rights of use for radio spectrum or for numbering resources or rights, to install facilities, as provided for in this Act or any regulations made thereunder. Any such amendments shall only be made in objectively justified cases and in a proportionate manner, taking into consideration, where appropriate, the specific conditions applicable to transferable rights of use for radio spectrum or for numbering resources: Provided that except where the proposed amendments are minor and have been agreed with the holder of the rights or of the general authorisation, the Authority shall before making any amendments in accordance with this sub-article, give notice in such a manner as it considers appropriate of its intention to make such amendments, inviting interested parties, including users and consumers, to express their views on the proposed amendments within a period of not less than four weeks as may be specified in the notice. The said period of four weeks shall not apply in exceptional circumstances: Provided further that the Authority shall publish any such amendments giving its reasons therefor.