Cap. 418 Art. 34ALimitation on the provision of services, networks to protect public security etc.

(1) For the purposes of this article:

(a) "authorization" means any authorization, however described, that a person may hold or be granted under this

Act;

(b) "shareholder" means:

(i) in the case of a company that is not listed on the Malta Stock Exchange or on a Stock Exchange of a Member State, a person who holds any amount of shares in a company;

(ii) in the case of a company listed on the Malta Stock Exchange or on the Stock Exchange of a Member State, a person holding more than two percent of shares in a company.

(2) When the Authority is satisfied that -

(a) any person holding any authorization; or

(b) any person who is a secretary, director or other principal officer of any company, partnership or other body holding any authorization or who otherwise exercises control or significant influence over the said company, partnership or other body; or

(c) any person who is a shareholder of any company, partnership or other body holding any authorization, is not a fit and proper person or are not fit and proper persons to hold any authorization or to act in any capacity mentioned in paragraphs (b) or (c) and that the holding by such person or persons of an authorization or of any said capacity may reasonably pose a threat to public trust, public security or public order, the Authority may prohibit such person or persons or any company, partnership or other body in which the said person or persons hold any said capacity from holding an authorization.

(3) The Authority may, for the purpose of ascertaining whether any person referred to in sub-article (2) is a fit and proper person to hold an authorization or to act in any capacity mentioned in sub-article (2)(b) or (c), require, within such time as it may consider reasonable in the circumstances, such information and, or consent to obtain any information as the Authority may deem appropriate from any such person or from any person who intends to provide a communications service and, or network in accordance with this Act.

(4) Without prejudice to the other provisions of this article:

(a) any person convicted, whether in Malta or outside Malta, of a crime against public trust shall not be deemed to be a fit and proper person to hold an authorization or to act in any capacity mentioned in sub-article (2)(b) or (c);

(b) any authorization enjoyed by any person convicted of a crime against public trust, or enjoyed by a company, partnership or other body which has a shareholder or a secretary, director or other principal officer who has been convicted, whether in Malta or outside Malta, of a crime against public trust, or over which a person who has been convicted, whether in Malta or outside Malta, of a crime against public trust otherwise exercises control or significant influence, shall be voidable upon a decision of the Authority taken after having considered all the relevant facts.