Cap. 399 Art. 38Management of radio spectrum.

(1) The Authority shall ensure the effective management of the radio spectrum for electronic communications networks and services in Malta in accordance with articles 4 and 4A. In doing so the Authority shall take into account that the radio spectrum is a public good that has an important social, cultural and economic value.

(2) Without prejudice to specific criteria and procedures adopted to grant rights of use of radio spectrum to providers of radio or television broadcast content services with a view to pursuing general interest objectives in conformity with European

Union law:

(a) no exclusive or special rights of use of radio spectrum shall be granted for the provision of electronic communications services; and

(b) the Authority shall in the exercise of its functions with regard to the allocation of, the issuing of general authorisations in respect of, and the granting of individual rights of use for radio spectrum for electronic communications networks and, or services, act in accordance with objective, transparent, pro-competitive, non-discriminatory and proportionate criteria.

(3) In applying the provisions of this article, the Authority shall respect relevant international agreements, including the ITU Radio Regulations, and other agreements adopted in the framework of the ITU applicable to radio spectrum and may take public policy considerations into account.

(4) Upon the grant of rights for the use of radio spectrum and in any case not less than once a year, the Authority shall publish the assignment of such rights in so far as these relate to the provision of electronic communications services.