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Telecommunications (Regulation) Act (Cap. 399) General Authorisations (Private Telecommunications Systems And Services) Regulations, 2003 (L.N. No. 202 Of 2003 )

TELECOMMUNICATIONS (REGULATION) ACT (CAP. 399)
General Authorisations (Private Telecommunications Systems and Services) Regulations, 2003
IN exercise of the powers conferred upon him by article 38 of the Telecommunications (Regulation) Act, the Minister for Transport and Communications, after consultation with the Malta Communications Authority, has made the following regulations>
1. The title of these regulations is the General Authorisations
(Private Telecommunications Systems and Services) Regulations, 2003.
2. (1) Any reference in these regulations to the “Act” is a reference to the Telecommunications (Regulation) Act, and subject to the provisions of paragraph (2) of this regulation, the provisions of article
2 of the said Act shall apply to these regulations.
(2) In these regulations, unless the context otherwise requires> “applicant” means the person who in accordance with these
regulations wishes to provide a private telecommunications service and, or operate a private telecommunications system and to that effect has communicated with the Authority in accordance with the procedure established under these Regulations and under the Act<
“Authority” means the Malta Communications Authority< “system” or “service” means the private telecommunications
system being operated or private telecommunications service being
provided in accordance with these regulations.
3. (1) These regulations shall apply to any person who operates a private telecommunications system and, or who provides a private telecommunications service whether throughout Malta or in respect of any locality in Malta or between Malta and other countries.

Citation.

Interpretation. Cap. 399

Application.

B 2354

Requirement to provide information upon notification.

Registration.

(2) A private telecommunications system that is operated and, or a private telecommunications service that is provided by a person within the confines of a single building, or a group of buildings located within the confines of an area of land owned, leased or otherwise lawfully possessed by that same person, shall be exempt from the requirements of these regulations and of the Act.
4. (1) Any person who wishes to establish and operate a private telecommunications system and, or to provide a private telecommunications service, shall in accordance with article 8 of the Act notify the Authority of his intention to do so and together with such a notification shall provide the Authority with the following>
(i) The full address and details of the applicant, including those of any contact persons,
(ii) Where the applicant is a company, the registration number of the company,
(iii) A short and clear description of the service or the system to be provided,
(iv) The estimated date for starting the service and, or system,
(v) The geographical area intended to be covered by the service and, or system,
(vi) A signed declaration by the applicant of compliance with the conditions established in these regulations.
(2) Upon notification and submission by the applicant to the Authority of all the information required under sub-regulation (1) of this regulation, the Authority shall within five working days from receipt inform the applicant whether the applicant may with immediate effect provide the service and, or operate the system or else require the applicant in accordance with article 8(3) of the Act to wait up to a maximum of four weeks before starting to provide the service or to operate the system in question.
5. The Authority shall within four weeks of its receipt of the notification and the receipt of all the information required in sub- regulation (1) of regulation 4 register the applicant as having been duly authorised as an authorised provider in accordance with these regulations.
6. A person duly authorised in accordance with these regulations

Fees.

B 2355
shall pay>
(i) the administrative fees established in the Schedule to these Regulations<
(ii) such fees as may be due under the Wireless Telegraphy Ordinance and the Fees Ordinance in respect of the use of frequency spectrum and the use or possession of wireless telegraphy equipment<
(iii) any other fees as may from time to time be established by law.
7. (1) Without prejudice to the applicability of the provisions of any other law, a person duly authorised in accordance with these regulations shall be required to comply with the conditions established in sub-regulation (2) of this regulation, which conditions shall be considered as part of the general authorisation to operate a system and, or a service in accordance with these regulations.

Cap. 49 and Cap. 35

Compliance with conditions of authorisation under these regulations.

shall>
(2) A person authorised in accordance with these regulations
(i) promptly provide the Authority with any periodic evaluation, reports and any other information relating to its business or operations that the Authority may from time to time, request<
(ii) ensure that all equipment used in providing the service and, or operating the system, is of the required standard and complies with any laws in relation to standards in telecommunications<
(iii) perform any tests as may be necessary or as may be required by the Authority to ensure that all telecommunications equipment used is maintained in good working order and condition<
(iv) ensure the proper performance of any contractors, sub- contractors or any other persons employed or in any other manner engaged or contracted by the person duly authorised in accordance with these regulations, to carry out work consisting of the construction, maintenance or operation of the system and of its property or equipment<
(v) allow any officer of or any person duly authorised by the Authority to enter any premises used in connection with the
B 2356
operations or activities however so described in order to inspect, examine or test any equipment used in connection with the aforesaid operations or activities in order to verify that these regulations or the Act are being complied with<
(vi) comply with any decision however so described taken by the Malta Environment and Planning Authority in ensuring compliance with any laws relating to the environment and, or development planning.
Schedule
Fee to be paid to the Authority
Upon notification to the Authority in accordance with regulation
4 and subsequently on every anniversary of such notification – an annual fee of Lm100.

Ippubblikat mid-Dipartiment ta’ l-Informazzjoni (doi.gov.mt) — Valletta — Published by the Department of Information (doi.gov.mt) — Valletta

Mitbug[ fl-Istamperija tal-Gvern — Printed at the Government Printing Press

Prezz 8ç – Price 8c