Cap. 399 Art. 4Objectives of the Authority.

(1) In the carrying out of its tasks at law, the Authority shall, to the extent that it is empowered at law, pursue and take the utmost account of each of the following policy objectives:

(a) promote connectivity and access to, and take-up of, very high capacity networks, including fixed, mobile and wireless networks, by all citizens and businesses of the European Union;

(b) promote competition in the provision of electronic communications networks and associated facilities, including efficient infrastructure-based competition, and in the provision of electronic communications services and associated services;

(c) contribute to the development of the internal market by removing remaining obstacles to, and facilitating convergent conditions for, investment in, and the provision of, electronic communications networks, electronic communications services, associated facilities and associated services, throughout the European Union, by developing common rules and predictable regulatory approaches, by favouring the effective, efficient and coordinated use of radio spectrum, open innovation, the establishment and development of trans-European networks, the provision, availability and interoperability of pan-European services, and end-to-end connectivity;

(d) promote the interests of the citizens of the European Union, by ensuring connectivity and the widespread availability and take-up of very high capacity networks, including fixed, mobile and wireless networks, and of electronic communications services, by enabling maximum benefits in terms of choice, price and quality on the basis of effective competition, by maintaining the security of networks and services, by ensuring a high and common level of protection for end-users through the necessary sector-specific rules and by addressing the needs, such as affordable prices, of specific social groups, in particular end-users with disabilities, elderly end-users and end-users with special social needs, and choice and equivalent access for end-users with disabilities: Provided that where the European Commission establishes benchmarks and reports on the effectiveness of the measures taken by the Authority towards achieving the objectives referred to in this sub-article, the Authority shall, where necessary, assist the European Commission.

(2) The Authority shall, in pursuit of the policy objectives referred to in sub-article (1), inter alia:

(a) promote regulatory predictability by ensuring a consistent regulatory approach over appropriate review periods and through cooperation with other national regulatory and competent authorities in other Member States, with BEREC, with the RSPG and with the European Commission;

(b) ensure that, in similar circumstances, there is no discrimination in the treatment of providers of electronic communications networks and services;

(c) apply national law and European Union law in a technically neutral fashion, to the extent that this is consistent with the achievement of the objectives set out in sub-article (1);

(d) promote efficient investment and innovation in new and enhanced infrastructures, including by ensuring that any access obligation takes appropriate account of the risk incurred by the investing undertakings and by permitting various cooperative arrangements between investors and parties seeking access to diversify the risk of investment, whilst ensuring that competition in the market and the principle of non-discrimination are preserved;

(e) take due account of the variety of conditions relating to infrastructure, competition, the circumstances of end-users and, in particular consumers in the various geographic areas in Malta including local infrastructure managed by natural persons on a not-for-profit basis; and

(f) impose ex-ante regulatory obligations only to the extent necessary to secure effective and sustainable competition in the interest of end-users and relax or lift such obligations as soon as that condition is fulfilled.

(3) The Authority shall, in the performance of its functions at law, act impartially, objectively, transparently and in a non-discriminatory and proportionate manner.

(4) The Authority shall contribute to the development of the internal market by working in a transparent manner with the national regulatory authorities of other Member States, the European Commission and BEREC, in order to ensure the consistent application in all Member States of the Electronic Communications Code. In doing so the Authority shall, in particular, work with the European Commission and BEREC to identify the types of instruments and remedies best suited to address particular types of situations in the market.