|
|
Home
| Databases
| WorldLII
| Search
| Feedback
Maltese Laws |
MALTA COMMUNICATIONS AUTHORITY ACT
To provide for the establishment of an Authority to be known as the Malta Communications Authority and for the exercise by or on behalf of that Authority of regulatory functions regarding electronic communications, certain aspects of data protection in electronic communication, postal services, electronic commerce and similar areas in the field of communications and to make provision with respect to matters ancillary thereto or connected therewith.
1st August, 2000
ACT XVIII of 2000, as amended by Acts VII of 2004 and XIII of 2005; Legal Notice 426 of 2007; and Acts XXX of 2007, XII of 2010 and IX of
2011.
Authority Act.
"advisory com mittee" or "commit tee" means an advisory committee established in accordance with article 28 of
this Act;
"this Act" means the Malta Communications Authority Act, and includes any regulations made there under unless the context
otherwise requires;
"Appeals Board" means the Communi cations Appe als Board established by article 36;
"authorization" means any authorization including any general authorization, licence, right to use or permit, however so
described, that a p erson m ay hold or be granted und er any law w h ich the Authority is entitled to enforce or administer;
"Aut ho ri ty” me ans t h e Malt a Co mm un icat ion s Au th ority established by article 3 and any references in this Act
or any other law to the Authority shall, unless the context otherwise requires, be construed as including a reference to any person
authorised by the Authority to act for or on its behalf;
"BEREC" means the Body of European Regulators for Electronic
Communications;
"Chairman" means Chairman of the Authority and includes, in the circumstances mentioned in article 3(3), the Deputy Chairman
or other person appointed to act as Chairman:
Provided that, in relation to article 28, "Chairman" means the Chairman of an advisory committee;
"communications" includes electronic communications, postal services, data protection in electronic communications, electronic
commerce and such other matters as the Minister may by Order
Amended by: VII. 2004.3.
Title. Interpretation.
Amended by:
VII. 2004.4;
XIII. 2005.63;
XXX. 2007.38;
XII. 2010.12;
IX. 2011.43.
from time to time prescribe;
"contractor" means a person acting in pursuance of an agreement entered into with the Authority or in accordance with article
5(5);
"decision" include s any dire ctiv e, determ ination , d i rectio n, licence condition, measure, requirement or specification
however so described made by the Authority and the word "decision" shall be construed accordingly;
"directive" means a directive issued by the Authority in terms of article 4;
"Director General" means the Director General appointed under article 5;
"Di r ec torat e s " me an s s u c h dire ct orate s as a r e o r may b e established under article 5;
"employee" means a person employed by the Authority;
"end-user" means any person other than an undertaking who uses or requests a communications service;
" E uropean Electronic C o mmunic a tions Direc t ives" me ans Directive 2002/2 1 /EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for electronic comm un ications netw orks and services (Framework Directive); Directive 2002/20/EC on the authorisation of electronic communications networks and services (Authorisation Directive), Directiv e 200 2/19 / E C on access to , and intercon necti on of, elect roni c com m un ication s networks and associ at ed faci liti es (Access Directive), Directive 2002/22/EC on universal service and user ’s rights relating to electronic communications networks and services (Universal Service Directive) and Directive 2002/58/EC of t h e Europ ean Parli a me nt an d of t h e Cou n ci l of 1 2 Jul y 20 02 concerning the processing of personal data and the protection of privacy in the electronic co mmunica tions sector (e Privacy Directive) as may be amended from time to time;
"financial year" means any period of twelve months ending on the 31s t De cembe r, s o howeve r that t h e Mini ste r ma
y, a f ter consultation with the Authority, vary such date;
"harmful interference" means interference which endangers the functioning of a radio navigation service or of other safety
services o r wh ic h ot herwi se seri ou sly d egrad es, o bst ru ct s o r re peat ed ly interrupts a radio communications service
operating in accordance with th e app licabl e internatio nal , Europ e an Union or n a t i onal regulations;
"Member State" means a Member State of the European Union; "Minister" means the Minister responsible for communications;
"public officer" in relation to article 11, has the same meaning assigned to it by article 124 of the Constitution but does
not include a ju dg e o f th e Su peri or Co urts or a m a gi strat e o f th e In ferio r Courts;
"undertaking" means a person providing or authorised to provide c o m m u ni cat i o n s ne tw ork s an d, or servic
es and, or associated
facilities;
"user" in cl udes any person w h o us es or req u e s t s a n y communications service.
(2) The members of the Authority shall be appointed by the Minister for a term of one year or for such longer period as may be
specified in the instrument of appointment subject to a maximum of three years but the members so appointed may be re-appointed on
the expiration of their term of office.
(3) The Minister may designate one of the other members of the Authority as Deputy Chairman and the member so designated shall
have all the powers and pe rform all the functions of the Chairman during his absence or inability to act as Chairman or while the
Chairman is on vacation or during any vacancy in the o f fi ce of chairman, and the Mini ster may also, in an y of the circumstances
aforesaid, appoint another person to act as chairman and in such case the foregoing provisions shall apply in respect of such person.
(4) A person shall not be qualified to hold office as a member of the Authority if he -
(a) is a Minister, Parliamentary Secretary or a member of the House of Representatives; or
(b) is a judge or magistrate of the courts of justice;
(c) has a financial or other interest in any enterprise or activity which is likely to affect the discharge of his functions as
a member of the Authority:
Provided that the Minister may waive the disqualification of a person under this paragraph if such person declares
the interest and such declaration and waiver are published in the Gazette.
(5) Subject to the provisions of this article, the office of a member of the Authority shall become vacant -
(a) at the expiration of his term of office; or
(b) if any circumstances arise that, if he were not a member of the Authority, would cause him to be disqualified
for appointment as such.
(6) A member of the Authority may be removed from office by the Minister if, in the opinion of the Minister, such member is unfit
to cont inu e in of fi ce or has b ecom e in capabl e of prop erly performing his duties as a member:
Provided that in the event that the Minister removes the
Chairman from office, such removal shall be made public by no
Establishment and composition of the Malta Communications Authority. Amended by:
IX. 2011.44.
later than the effective date of removal from office. At the same time, the Minister shall provide the Chairman with a statement of
reasons for his removal:
Provided further that a Chairman who is removed from of fice shall have the right to request the publication of the statement
of reasons for his removal, in which case the Minister shall publish the statement.
(7) If a member resigns or if the office of a member of the Authority is otherwise vacant or if a member is for any rea son unable
to perform the functions of his office, the Minister may appoint a person who is qualified to be appointed to be a member to be a
temp orary mem b er of t h e Aut hori t y; an d any person so appointed shall, subject to the provisions of subarticles (5) and (6),
cease to be such a member when a person has been appointed to fill the vacancy or, as the case may be, when the m em ber who was
unabl e to perform the functions of his of fice resumes those functions.
(8) Any member of the Authority who has any direct or indirect interest in an y cont ract made or prop osed to b e made b y th
e Authority, not being an interest which disqualifies such member from remaining a member, shall disclose the nature of his interest
at the first meeting of the Authority after the relevant facts have come to his knowledge, such disclosure shall then be recorded
in the minutes of the Authority, and the member having an interest as aforesaid shall withdraw from any meetings at which such contract
is discussed. Any such disclosure shall be communica ted to the Minister without delay. Where the interest of the member is such
as to disqualify him from remaining a member, he shall report the fact immediately to the Minister and tender his resignation.
Purpose, functions and powers of the Authority. Amended by:
VII. 2004.6;
L.N. 426 of 2007;
XXX. 2007.39;
IX. 2011.45.
(a) ensure freedom of communication and that communications shall not be limited except when this is necessary
for any of the following reasons:
(i) the protection of the right to privacy;
(ii) the defence of national security, territorial integrity or public safety;
(iii) the prevention of disorder or crime; (iv) the protection of public health;
(v) the protection of morals and respect for the dignity of the human person;
(vi) the protection of the rights and freedoms of others;
(vii) the prevention of the disclosure of information received in confidence;
(viii) the maintenance of the authority and impartiality of the judiciary;
(ix) the technical constraints inherent in the means of communication;
(b) ensure non-discrimination and equality of treatment in
matters related to communications.
(2) It shall in particular be the duty of the Authority to exercise such regulatory functions in the field of communications,
as may from time to time be assigned to the Authority by or under an Act of Parliament.
(3) The Authority shall also, in accordance with the laws it is entitled to enforce -
(a) regulate, monitor and keep under review all practices, operations and activities relating to any matter regulated
by or under this Act;
(b) grant any licence, permit or other authorisation, for the carrying out of any operation or activity relating to any matter regulated
by or under this Act;
(c) regulate and secure interconnectivity for the production, transmission and distribution of the services,
products, operations or activities relating to any matter regulated by or under this Act;
(d) ensure fair competition in all such services, products, operations and activities;
(e) establish minimum quality and security standards for any of the said services, products, operations and activities and
to regulate such measures as may be necessary to ensure public and private safety;
(f) secure and regulate the development and maintenance of efficient communication systems in order to satisfy, as economically
as possible, all reasonable demands for the provision of the services, products, operations or activities relating to any
matter regulated by or under this Act;
(g) carry out studies, research or investigation relating to any matter regulated by or under this Act;
(h) provide information and issue guidelines to the public and to commercial entities relating to any matter regulated by
or under this Act;
(i) regulate the price structure for any activity regulated by or under this Act and where appropriate to establish the mechanisms
whereby the price to be charged for the services, products, operations or activities is determined;
(j) establish the minimum qualifications to be possessed by any person who is engaged or employed in any activity regulated
by or under this Act;
(k) establish measures for the protection of the environment in the provision of the services, products, operations
or activities relating to any matter regulated by or under this Act;
(l) ensure that international obligations entered into by Malta relative to matters regulated by or under this Act are complied
with;
(m) advise the Minister on the formulation of policy in relation to matters regulated by or under this Act, and in particular
in relation to such international obligations;
(n) otherwise to advise the Minister on any matter connected with its functions under this or any other Act;
(o) formulate and implement the policies and strategies with short-term and long-term objectives in relation to the matters connected
with its functions under this or any other Act;
(p) encourage the provision of communications services in Malta and enable persons providing communications services in Malta
to compete effectively in the provision of such services outside Malta;
(q) encourage users of communications services to establish places of business in Malta;
(r) promote the interests and rights of all users in Malta, including disabled end-users, elderly end-users, and end-users
with special social needs, especially in respect of the prices charged for, and the quality and variety of the said services;
(s) perform such other functions, including functions aimed at promoting the information society, as may from time to time
be assigned to it by the Minister.
Issue of directives by the Authority.
(4) It shall be the duty of the Authority to carry out its functions as established by or under this Act or any other
law in an im partial and transparent and timely m a nner and to ensure compliance therewith, and without prejudice to the generality
of the foregoing, to ensure that persons providi ng any services, products, operations and activities in or from Malta relating
to any matter regulated by the Authority, comply with this Act and with any other law which the Authority is entitled to enforce,
and with any decisions issued by or under this Act or any such other law.
(5) The Authority shall also have such other functions, responsibilities and powers as are set out by or under this
Act or as may be assigned to it by or under any other law including all such powers as are necessary for or incidental to the performance
of its functions by or under this Act or any other law. The Authority shall in the carrying out of its functions seek to ensure that
the measures taken are proportionate having regard also to the objectives of the Authority.
(6) The Authority may issue such directives as it may consider to be necessary for the carrying into effect of or compliance with
any of the provisions of this Act, or of any other law which the Authority is entitled to enforce, or any decisions that the Authority
may make in accordance with its functions under this Act or any other law and it may amend or revoke such directives.
(7) Any directive issued by the Authority in accordance with this article and any amendment or revocation thereof shall be in
writing, state the reasons on which it is based and shall be notified to the person concerned. The Authority may also publish any
such directive in such manner as it m ay con sider app r opriate in the circumstances due account being taken of the importance
of the directive and its impact on the market.
(8) The Authority shall, where it considers appropriate, consult with the various competent authorities responsible for competition
issues and consumer affairs and for such other areas as may impact on the sectors regulated by the Authority on matters of common
interest in connection with the application of this Act and of any other law which the Authority is entitled to enforce.
(9) The Authority on the one hand and the competent authorities responsible for competition issues and consumer
affairs o n th e ot her sh all pr ovi de each ot her w i t h the inf o rm at io n necessary for the application of the provisions
of this Act, and of an y ot her law rel a t i n g to co mpet ition issues and, or consumer affairs, which information shall be provided
within an appropriate timeframe taking into consideration the particular circumstances of the issues involved. In respect of the
information exchanged, the receiving authority shall ensure the same level of confidentiality as the originating authority.
(10) Without prejudice to the enforcement powers that it has at law, the Authority may require any person to provide it with any
information, including financial information, that the Authority considers necessary for the purpose of ensuring compliance with
the provisions of, or decisions or directives made in accordance with this Act or any other law which the Authority is entitled to
enforce.
(11) Any information required by the Authority under subarticle (10) shall be proportionate to the performance of its functions and
obligations under this Act and in requiring any information as aforesaid, the Authority shall state why it requires the information
requested.
(12) A person who is notified with a requirement under subarticle (10) shall comply promptly with the requirement
within the timescale s and according to any level of detail as may be required by the Authority:
Provided that any such person shall, in complying with the provisions of this subarticle, state clearly to the Authority if any information
provided by him is to be considered as confidential for commercial reasons. In doing so he shall give his reasons to the Authority.
It shall be the Authority which shall decide whether the informatio n indicated t o it as being confid ent i al should be so treated:
Cooperation with the competent authorities responsible for competition issues and consumer affairs, etc.
Provision of information.
Provided further that the provisions of this subarticle relating to confidentiality shall apply to any information provided
to the Authority for whatever reason whether under this Act or any other law the Authority is entitled to enforce.
(13) Any person who fails or refuses to comply with a requirement under subarticle (10) shall commit an infringement
of this Act and shall be liable to the imposition of an administrative
Publication of information.
fine by the Authority not exceeding the sum of eleven thousand and six hundred and forty-five euro (11,645) and, or two hundred and
thi r ty euro (23 0 ) f o r each day dur ing wh ich fail ure t o comp ly persists.
(14) The Authority shall, subject to the protection of any information which it considers confidential, publish from time
to time such information as would, in the opinion of the Authority, contribute to an open and competitive market.
Consultation and transparency mechanism. Added by:
XII. 2010.13. Amended by: IX. 2011.46.
(a) any dispute or complaint however so described being dealt with in accordance with this Act or any other law which the Authority
is entitled to enforce; or
(b) the exercise of any enforcement powers of the Authority under this Act, or under any other law which the Authority
is entitled to enforce; or
(c) cases where the Authority considers that there is an urgent need to act to safeguard competition and protect the interests of
users in accordance with European Union law,
where the Authority intends to take a decision in accordance with any law which it is entitled to enforce, and which decision has
a significant impact in a market for any communications networks or services, it shall make available to interested parties, a statement
of the proposed de cision and give such parties th e opportunity to co mmen t o n t h e pr opo sed deci sion wi thin a peri od whi
c h th e Authority considers reasonable.
(2) Where the Authority intends to take a decision on issues related to end-user and, or consumer rights, in particular where
such decision has a significant impact on the market for any communications networks and, or se rv ices, the Au thority shall ensure
that in carrying out the consultation mechanism referred to in subarticle (1), as far as is appropriate for the purposes of its functions
under this Act or any other legislation the Authority is entitled to enforce, it shall take into account the views of end-users and
of consumers in particular disabled end-users, manufacturers and undertakings that provide communications networks and, or services.
(3) The Authority shall publish its consultation procedures and shall establish a single information point through which all current
consultations can be assessed.
(4) The result of any consultations under this article shall be made publicly available by the Authority through such means as
the Authority considers appropriate in the circumstances, except in the case of information wh ich th e Aut hority considers
to b e confidential.
(2) There shall be established the Directorates as listed in the S c h e du le t o th is Act, wh ich shall h a ve t h e respo
n sib i l i t i es as described therein. The Minister may, after consulting the Authority, by O r der in the Gazette, abo lish an
y o n e or m o re of the said Directorates vary their responsibilities and establish such other Directorate as he may from time
to time deem appropriate.
(3) The Authority shall exercise its functions through the Directorates so established and for such purpose it shall vest
in each of the Directorates so established and subject to the overall su per v isio n and contr o l of t h e Di recto r General,
such of its functions as relate or are ancillary to the matters for which it is responsible so as to enable the said Directorate
to give effect to the policies of the Authority and to otherwise discharge effectively and efficiently the functions of the Authority
in its respective area of operation.
(4) Each of the Directorates so established shall be headed by a person who shall either be a public officer detailed for duty
with the Authority or an employee of the Authority or a person detailed to work for the Authority in accordance with an agreement
made between the Authority and a public or private undertaking, in either case having adequate experience or knowledge in his respective
area of operation.
(5) The Authority and each of the Directorates may exercise any one or more of their functions either directly or through any
of their officers or employees or through an agency authorised for the purpose, or through a contractor or other person with whom
an a g reement for the performance of any one or more of s u c h functions has been entered into:
Provided that nothing in this subarticle shall authorise the A u th orit y t o cont ract out an y o f it s reg u lato ry o r li censin
g functions.
(6) Where in this Act anything is to be done by or against or with respect to the Authority, or any notice is to be or may be
given to the Authority, any such thing or notice may also be done by or against or with respect to or be given to the Directorate
under whose jurisdiction the matter falls by reason of a delegation of function to such Directorate; and for the purposes aforesaid
any reference in this Act to the Authority includes a reference to the appropriate Directorate.
(7) The Director General and the heads of the Directorates shal l be app oi nt ed by t he Au th orit y after co nsu lt
ati on w it h th e Minister for a period of three years which may be extended for further periods of three years each:
Conduct of the affairs of the Authority. Amended by: VII. 2004.5; XXX. 2007.40; IX. 2011.47.
of each Directorate shall be appointed by the Minister.
(8)* The Director General shall attend all the meetings of the
Board but shall not vote at such meetings:
Provided that the Authority may if it so deems fit require the Director General not to attend any of the meetings or any part of a
meeting.
(9) The Director General shall be responsible for the implementation of the objectives of the Authority in the exercise
of its fu nctio ns and with out preju d ice to the generalit y o f th e foregoing he shall -
(a) assume full responsibility for the overall supervision and control of the Directorates;
(b) assign to each Directorate such duties which are by, or in accordance with, the provisions of this Act vested in such Directorate;
(c) co-ordinate the workings of the Directorates;
(d) develop the necessary strategies for the implementation of the objectives of the Authority;
(e) advise the Authority on any matter it may refer to him or on any matter which he considers necessary or expedient; and
(f) perform such other duties as the Authority may assign to him from time to time.
(10) Nothing in this Act shall be construed as giving rise to or as ever having given rise to the nullity or invalidity of any decision
made by the Authority at any time during which any one or more of the Directorates was not established.
Relations between the Minister and the Authority. Amended by:
IX. 2011.48.
Provided that the Authority shall act independently and shall not seek or take instructions from any other body on matters
related to ex-ante market regulation and the resolution of disputes between undertakings in accordance with articles 43 and 44A.
(2) The Authority shall afford to the Minister facilities for obtaining information with respect to its property and activities
and f u r n ish hi m wit h retu rn s, accoun ts an d o t her i n f o r m at ion wi th respect thereto, and afford to him facilities
for the verification of information furnished, in such manner and at such times as he may reasonably require.
(3) If the Authority fails to comply with any directions issued
*This subarticle is not yet in force.
under this article, the Prime M i nister may make an order transferring to the Minister in whole or in part any of the functions of the Authority
(2) The legal representation of the Authority shall jointly vest in the Chairman and the Director General:
Provided that the Authority may appoint any one or more of its members or of the officers or employees of the Authority to appear
in the name and on behalf of the Authority in any judicial proceedings and in any act, contract, instrument or other document whatsoever:
Provided further that in respect of any matter falling within the functions vested in a Directorate, the legal and judicial representation
of the Authority shall also vest in the head of the Directorate or in such other member, officer or employee of the A u tho r ity,
as the Au thori t y may appoi nt o r au thori s e fo r the purpose.
(3) Any document purporting to be an instrument made or i ssu ed b y t h e Au th or it y and si gn ed by the Chairman or
by the Director General or by a head of a Directorate in relation to any matter vested in the relative Directorate by the Authority
shall be received in evidence and shall, until the contrary is proved, be deemed to be an instrument made or issued by the Authority.
Legal personality and representation of the Authority. Amended by:
VII. 2004.5.
(2) Half the number of members for the time being constituting the Authority shall form a quorum. Decisions shall
be adopted by a simple majority of the votes of the members present and voting. The Chairman, or in his absence the Deputy Chairman
or other person appointed to act as chairman, shall have an initial vote and in the event of an equa l ity of v o t e s, a casti
ng vo te. Without prejudice to the other requirements of this Act, no decision shall be valid which is not supported by at least
two members of the Authority.
(3) Subject to the provisions of this Act the Authority may regulate its own procedure.
(4) Subject to the foregoing provisions of this article, no act o r pro c eed i ng of th e Auth ority shall b e i nvalidated
merely b y reason of the existence of any vacancy among the members.
(5) All acts done by any person acting in good faith, as a
Provisions with respect to proceedings of the Authority. Amended by:
IX. 2011.49.
n o twi t hstan d ing th at som e defect in hi s appoi ntm e nt or qualification be afterwards discovered. No act or proceeding of the Authority shall be questioned on the ground of the contravention, by a member, of the provisions of article 3(8).
Staff appointments. 9. Without prejudice to the other provisions of this Act, the appointment of officers and other employees of the Authority shall be made by the Authority. The terms and conditions of employment shall be established by the Authority with the concurrence of the Minister.
Appointment and functions of officer and employees of the Authority.
Detailing of public officers for duty with the Authority.
(2) The period during which a direction as aforesaid shall apply to any officer specified therein, shall, unless the officer retires from the public service, or otherwise ceases to hold office at an earlier date, or unless a different date is specified in such direction, cease to have ef fect after one year from the ef fective date of such dir e cti o n un less th e di rect ion is revok ed earli er by th e Pri m e Minister.
Status of public officers detailed for duty with the Authority.
(2) Without prejudice to the generality of the foregoing, an officer detailed for duty as aforesaid -
(a) shall not during the time in respect of which he is so detailed -
(i) be precluded from applying for a transfer to a department of the Government in accordance with the terms and conditions
of service attached to the appointment under the Government held by him at a date on which he is so detailed for duty; or
(ii) be so employed that his remuneration and conditions of service are less favourable than those which are
attached to the appointment under the Government held by him at the date
aforesaid or which would have become attached to such appointment, during the said period, had such officer not been detailed for
duty with the Authority; and
(b) shall be entitled to have his service with the authority considered as service with the Government for the purposes of
any pension, gratuity, or benefit under the Pensions Ordinance and the Widows and Orphans’ Pensions Act and of any other right or privilege to which he would be entitled, and liable to any liability to which he would be liable,
but for the fact of his being detailed for duty with the Authority.
(3) Where an application is made as provided in subarticle (2)(a) (i) the same consideration shall be given thereto as if the applicant had not been detailed for service with the Authority.
(4) The Authority shall pay to the Government such cont ribut ions as may from ti me t o time be determined by
the Minister responsible for finance in respect of the cost of pensions and g r atui ties earn ed b y an officer detailed for du
ty wit h the Authority as aforesaid during the period in which he is so detailed.
Cap. 93. Cap. 58.
(2) The terms and conditions comprised in any offer made as aforesaid shall not be deemed to be less favourable merely because
th ey are not in all respects iden tical with or superior to those enjoyed by the officer concerned at the date of such offer, if
such terms and conditions, taken as a whole, in the opinion of the Prime Minister offer substantially equivalent or greater benefits.
(3) Every officer who accepts permanent employment with the Authority offered to him, under the provisions of subarticle (1)
shall for all purposes other than those of the Pensions Ordinance and of the Wi dows’ and O r phans’ Pensio ns Act, and saving the provisions of subart icl e (6), be deem ed to have ceased to be in service with the Government and to have entered
into service with the Authority on the date of his acceptance, and for the purposes of the said Ordinance and of the said Act, so
far as applicable to him, service with the Authority shall be deemed to be service with the Government within the meanings thereof
respectively.
(4) Every such officer as aforesaid who, immediately before accepting permanent employment with the Authority was entitled to
benefit under the Wi dows’ and Orphans’ Pens ions Act, shall continue to be so entitled to benefit thereunder to all intents as if his service with the Authority were service with the
Government.
(5) The Authority shall pay to the Government such cont ribut ions as may from ti me t o time be determined by
the Minister responsible for finance in respect of the cost of pensions
Offer of permanent employment with the Authority to public officers detailed for duty with the Authority.
Cap. 93. Cap. 58.
and gratuities earned by an officer who has accepted performance of employment with the Authority as aforesaid during the period commencing
on the date of such officer ’s acceptance.
(6) (a) For the purposes of this article posts and salary grades wit h th e Auth orit y shall be cl assifi ed in t h e most nearly corresponding
grades and incremental levels in the service under the Government of Malta by reference to job description, skills, responsibilities
and other analogous factors.
(b) The classification referred to in paragraph (a) shall be c a r r ie d ou t b y a bo ar d co mpo s ed o f a c h ai rma n appointed by the Ministry responsible for finance and two
o t h e r m e mber s, on e ap po in ted b y t h e Mi ni st ry resp onsibl e centrall y fo r personnel poli c i e s i n th e public
service and one appointed by the Authority. The classification shall be subject to the final approval of the Minister responsible
for finance.
(c) Such classification shall take place within three months of any adjustment of salaries of employees in Go vern ment
servi c e an d, or, of empl oy ees of th e Authority.
(d) No post shall be classified in a grade higher than that of a Grade 3 in the service of the Government or such other grade that
the Minister responsible for finance may f r o m ti me to ti me by n o t i ce i n t h e Gazet t e determine.
(e) Without prejudice to article 113 of the Constitution, no person may, following a classification as aforesaid, be entitled to rights
under the said Pensions Ordinance less favourable than those to which he would have been entitled prior to such classification.
Authority to meet expenditure out of revenue.
Amended by: IX. 2011.50.
(2) For such purpose the Authority shall levy all fees, rates and other payments prescribed or deemed to be prescribed by or under
this Act or any other law related to the powers and functions of the Authority.
(3) The Authority shall also be paid by Government out of the Consolidated Fund such sums as Parliament may from time to time authorise
to be appropriated to meet the costs of specified works to be continued or otherwise carried out by the Authority:
Provided that any subvention received from Government shall be exempted from any liability for the payment of income tax and duty
on documents under any law for the time being.
(4) Any excess of revenue over expenditure shall, subject to such directives as the Minister, after consultation with the Minister
responsible for finance, may from time to time give, be applied by the Authority to the formation of reserve funds to be used for
the purposes of the Authority; and without prejudice to the generality of the powers given to the Minister by this subarticle, any
direction given by the Minister as aforesaid may order the transfer to the Government, or the application in such manner as may be
specified in the direction, of any part of the fees, rates and other payments levied in accordance with suba rticle (2) or any su
ch excess as aforesaid.
(5) Any funds of the Authority not immediately required to meet expenditure may be invested in such manner as may from time
to time be approved by the Minister.
(2) The Authority may also, from time to time, borrow, by way of overdraft or otherwise, such sums as it may require for carrying
out its functions under this Act:
Provided that for any amount in excess of one hundred and sixteen thousand and four hundred and sixty-five euro (116,465), there shall
be required the approval of the Minister in writing.
Power to borrow or raise capital. Amended by:
L.N. 426 of 2007.
(2) Notice of any loans, liabilities or advances made or in curred under the foregoing pr ovisions of th is article shall
be given to the House of Representatives as soon as practicable.
(3) Pending the raising of any such loan as is mentioned in subarticle (1), or for the purpose of providing the Authority with
working capital, the Min i ster responsible for finance m a y, by warrant under his hand, and without further appropriation other
Advances from
Government.
Borrowing from
Government.
than this Act, authorise the Accountant General to make advances to the Authority out of the Treasury Clearance Fund under such terms
as may be specified by the Minister upon the making thereof.
(4) The proceeds of any loan raised for the purposes of making advances to the Authority, and any other moneys to be advanced
to the Authority under this article, shall be paid into a fund specially established for the purpose and which shall be known as
the "Malta Communications Authority Loan Fund".
(5) Sums received by the Accountant General from the Auth ority in respect o f ad van c es made to the Aut hority
und er subarticle (3) shall be paid, as respects of amounts received by way of repayment into the Treasury Clearance Fund and, as
respects of amount received by way of interest into the Consolidated Fund.
Estimates of the
Authority.
Provided that the estimates for the first financial year of the Authority shall be prepared and adopted within such time as the Minister
may by notice in writing to the Authority specify.
(2) In the preparation of such estimates the Authority shall take account of any funds and other monies that may be due to
be paid to it out of the Consolidated Fund during the relevant financial year, whether by virtue of this Act or an appropriation
Act or of any other law; and the Authority shall so prepare the said estimates as to ensure that the total revenue s o f the Authority
are at least suff icient to meet all sum s properly chargeable to its revenue account including, but without prejudice to the generality
of that expression, depreciation.
(3) The estimates shall be made out in such form and shall contain such information and such comparison with previous years as
the Minister responsible for finance may direct.
(4) A copy of the estimates shall, upon their adoption by the Authority, be sent forthwith by the Authority to the Minister and
to the Minister responsible for finance.
(5) The Minister shall, at the earliest opportunity and not later than six weeks after he has received a copy of the estimates
from the Authority, approve the same with or without amendment after consultation with the Minister responsible for finance.
Expenditure to be according to approved estimates.
(2) Notwithstanding the provisions of subarticle (1) -
(a) until the expiration of six months from the beginning of a financial year, or until the approval of the estimates for
that year by the Minister, whichever is the earlier date, the Authority may make or incur expenditure for carrying on its
functions under this Act
not exceeding in the aggregate one-half of the amount approved by the Minister for the preceding financial year;
(b) expenditure approved in respect of a head or sub-head of the estimates may, with the approval of the Minister given after consultation
with the Minister responsible for finance, be made or incurred in respect of another head or sub-head of the estimates;
(c) in respect of the first financial year, the Authority may make or incur expenditure not exceeding in the aggregate
such amounts as the Minister responsible for finance may, after consultation with the Minister, allow;
(d) if in respect of any financial year it is found that the amount approved by the Minister is not sufficient or a need has arisen
for expenditure for a purpose not provided for in the estimates, the Authority may adopt supplementary estimates for approval
by the Minister and in any such case the provisions of this Act applicable to the estimates shall as near as practicable
apply to the supplementary estimates.
such estimates to be laid on th e T a ble o f the Hou s e of
Representatives.
(2) The accounts of the Authority shall be audited by an auditor or auditors to be appointed by the Authority and approved
by the Minister:
Provided that the Minister responsible for finance may, after consultation with the Minister, require the books and accounts
of the Authority to be audited or examined by the Auditor General who shall for the purpose have the power to carry out such physical
checking and other certifications as he may deem necessary.
(3) After the end of each financial year, and not later than the date on which the estimates of the Authority are forwarded to
the Minister under article 18, the Authority shall cause a copy of the statement of account duly audited to be transmitted to the
Minister and to the Minister responsible for finance together with a copy of any repor t made by th e aud ito rs on that stat ement
or on the accounts of the Authority.
(4) The Minister shall, at the earliest opportunity and not later than eight wee k s a f ter he has receive d a copy of every
s u ch statement and report, or if at any time during that period the House of Representatives is not in session, within eight weeks
from the
Publication of approved estimates.
Accounts and audit.
beginning of the next following session, cause every such statement and report to be laid on the Table of the House of Representatives.
Deposit of revenues and payment by the Authority.
(2) All payments out of the funds of the Authority, other than petty disbursements not exceeding a sum fixed by the Authority,
shall be made by such officer or officers of the authority as the Authority shall appoint or designate for that purpose.
(3) Cheques against and withdrawals from any bank account of the Authority shall be signed by such officer of the Authority as
may be appointed or designated by the Authority for that purpose and shall be countersigned by the Chairman, or such other member
or officer of the Authority as may be authorised by the Authority for that purpose.
(4) The Authority shall also make provision with respect to - (a) the manner in which and the officer or officers by
whom payments are to be authorised or approved;
(b) the title of any account held with the bank or banks into which the monies of the Authority are to be paid, and the transfer of
funds from one account to the other;
(c) the method to be adopted in making payments out of funds of the Authority;
and generally with respect to any matter which is relevant to the proper ke eping and cont rol of th e accounts and books, and the
control of the finance, of the Authority.
Contracts of supply of works.
Amended by:
L.N. 426 of 2007.
Annual Report. 24. The Authority shall, not later than six weeks after the end of each financial year, make and transmit to the Minister and to the Minister responsible for finance a report dealing generally with the activities of the Authority during that financial year and containing such information rela ting to the proceedings and policy of Authority as either of the said Ministers may from time to time require. The Minister shall, at the earliest opportunity and not later than eight weeks after he has received a copy of every such report,
or if at any time during that period the House of Representatives is not in session, within eight weeks from the beginning of the next following session, cause a copy of every such report to be laid on the Table of House of Representatives.
25.(1)(a) The property and undertakings owned by the Government and used by it, im mediately before the date of the coming
into force of this Part of this Act, and used by it for the operation of any of the functions which by this Act are being transferred
to or vested in the Authority shall, on the date aforesaid, by virtue of this Act and without further assurance, be transferred to
and vested in the Authority under the same title by which they were held by the Government immediately before the said date. The
provisions of this paragraph shall not apply to immovable property.
(b) The immovable assets from time to time specified in an Order made by the President of Malta and published in the Gazette
(hereinafter referred to as "the immovable assets") being immovable assets which immediately before the
coming into force of this Part of this Act were owned by the Government and used by it for the operation of any of the functions
which by this Act are being transferred to or vested in the Authority, shall, with effect from such day as may be specified
in any such order, and by virtue of this Act and without any further assurance be transferred to and vested in the Authority under
the same title by which they were held by the Government before such day.
(2) The transfer and vesting aforesaid shall extend to the whole of such property and undertakings and, without prejudice to the
generality aforesaid, shall include all plant, equipment, apparata, instrum ents, vehicles, craft, buildings, structur es, installations,
land , ro ads, w o rks, sto c ks an d oth e r property, m o v a ble or imm ovab le, assets, powers, rights and pri vileges and all
th ings necessary or ancillary thereto wh ich are h e ld or enj oyed in co nnection t h erewith o r appert ai ning th ereto, as
well as all obligations affecting or relating to any of the aforesaid property or undertakings or other thing included therein as
aforesaid.
Transfer of assets to the Authority.
Construction of laws, etc.
Transitory provisions.
Appointment and functions of advisory committees.
(2) Where immediately before the coming into force of this Part of this Act, any legal proceedings are pending to which the Government
is or is entitled to be a party, and such proceedings are related to any of the properties or undertakings, or any right or liability
transferred by or under this Act, the Authority shall, as from the date aforesaid, be substituted in such proceedings for the Government,
or shall be made a part thereto in like manner as the Government could have become, and such proceedings shall not abate by reason
of the substitution.
(3) The Minister may by order make such incidental, consequent ial and supplement a l provisions as he may d eem
n ecessary or ex ped i en t fo r th e p u rpose of det e rm in in g, a s appropriate, the assets transferred to the Authority by
this Act and securing and giving full effect to the transfer of any property or undertaking or any right or liability to the Authority
by this Act and make such orders as may be necessary to make any powers and duties exercisable by the Governm ent in relation to
any of the transferred property or undertakings exercisable by or on behalf of the Authority.
(2) An advisory committee shall, for the better carrying out of the provisions of this Act, advise the Authority on such matters
and perform such other functions as the Minister may specify in the Order.
(3) The members of the committee shall be appointed by the Minister and shall hold office for such period and on such terms and
conditions as the Minister may deem appropriate.
(4) Each committee shall consist of one member representing the Authority as Chairman and such other members as the Minister may
deem fit to appoint.
(5) The provisions of article 3(4)(a), (5) and (8) shall mutatis mutandis apply to the members of the advisory committees.
(6) Each advisory committee shall keep minutes of all its meetings and shall forward copies of such minutes to the Authority.
The provisions of article 8 shall m u ta ti s mu t an di s appl y to the committee and its acts or proceedings.
(a) enter, at any reasonable time, any premises other than a place of residence, or any other place or any vehicle or vessel where
any activity regulated by or under this Act or any other law which the Authority is entitled to enforce, takes place, or in the opinion
of the Authority takes place, and search and inspect the premises, place, vehicle or vessel and any books, documents or
records found therein;
(b) require any person to produce for inspection and take extracts from any books, documents or records relating to any activities
regulated by or under this Act or any other law which the Authority is entitled to enforce, which are under the control of that
person and, in the case of information in a non-legible form to reproduce it in a legible form, and to give to the Authority such
information as the Authority may reasonably require in relation to any entries in such books, documents or records;
(c) remove and retain such books, documents or records for such period as may be reasonable for further examination;
(d) require any person to maintain such books, documents or records for such period as may be reasonable as the Authority directs;
(e) require any person to give to the Authority any information that may be required with regard to any activities regulated
by or under this Act or any other law the Authority is entitled to enforce;
(f) make such inspections including site inspections to enable the Authority to carry out its functions at law and in doing
so the Authority may also undertake tests and measurements of any machinery, apparatus, appliances and other equipment
at any place as the Authority may consider necessary;
(g) require any person to switch off, modify, or desist from the use of, any radiocommunications apparatus which does not
comply with any radiation emission standards adopted and published by the International Commission for Non-Ionising Radiation
Protection (ICNIRP) or any other international standards as may be adopted from time to time, or which may cause harmful
interference, or is in breach of any requirement established by or under the Electronic Communications (Regulation) Act or of any radiocommunications authorisation or licence condition:
Enforcement powers of the Authority. Added by:
VII. 2004.8. Amended by:
L.N. 426 of 2007; XXX. 2007.41; XII. 2010.14;
IX. 2011.43.
Cap. 399.
Provided that where the person concerned fails to abide with any requirements made by the Authority under this paragraph,
the Authority may then take any such measures as it may consider appropriate in the circumstances including the switching
off or modification of the use of any such apparatus.
(2) Any officer of the Authority or any other person duly authorised by the Authority to act on its behalf when exercising
a pow er co nferred by th is Act o r by any o t her l a w wh ich th e Authority is entitled to enforce, shall if requested by any
person thereby affected, produce to that person for inspection a certificate issued by the Authority stating that he is duly authorised
to act for and on behalf of the Authority.
(3) In the course of the exercise of any of the powers conferred by this Act or by any other law which the Authority is entitled
to enforce the Authority may request the assistance of the Police.
(4) The Directors and managers, by whatever name designated, o r an y o t her p e rson s who are or hav e been in char ge of the
operations or activities falling under the supervisory or regulatory functions of the Authority shall assist and shall collaborate
with the Authority in order to enable it to discharge its functions, and shall collate and transmit without any undue delay such
information and documentation as the Authority may reasonably request from time to time.
(5) Any person who -
(a) obstructs, impedes or assaults an officer of the Authority or any other person duly authorised by the Authority
to act on its behalf in the exercise of any of the powers conferred by this Act or by any other law which the Authority is entitled
to enforce;
(b) fails or refuses to comply with a requirement under this article;
(c) alters, suppresses or destroys any books, documents or records which the person concerned has been required to produce, or may
reasonably expect to be required to produce;
(d) falsely represents himself to be an officer of the Authority or a person authorised by the Authority to act on its
behalf; or
(e) furnishes any information to the Authority which it may require in the exercise of its functions under any law it is entitled
to enforce, which he knows, or has reasonable cause to believe to be false or misleading,
shall be g u ilty o f an of fence ag ai nst this Act, an d shal l on co nv icti on b e li ab le t o a fi ne ( mu lta ) not exceeding eleven thou sand and six hundred and forty-five euro (11,645) or to imprisonment for a period not exceeding three
months, or to both such fine and imprisonment.
(2) In this article "confidential information" means any information however so described wh ich is consi
d ered by t h e Authority to be confidential and in relation to which the Authority has notified the persons concerned of their duty
of non-disclosure.
(3) A person who contravenes this article shall be guilty of an offence against this Act and shall on conviction be liable to a
fine (multa) not exceeding two thousand and three hundred and twenty- five euro (2,325).
(4) Nothing in this article shall prevent the disclosure of any information to the Authority or, by or on behalf of the Authority
to the Minister or as may be required at law.
Disclosure of confidential information. Added by: VII. 2004.8. Amended by:
L.N. 426 of 2007.
(a) the imposition of an administrative fine in accordance with the provisions of this article and of articles 32 and 33;
(b) order the cessation of any act or omission which is in breach;
(c) order the delay of a service or bundle of services which if continued, may result in significant harm to competition,
pending compliance with access obligations imposed following a market analysis carried out in accordance
with the Electronic Communications (Regulation) Act.
(2) In cases where the Authority considers that a person has seriously and repeatedly infringed the provisions of this Act or of
any other law which the Authority is entitled to enforce, or of any decision of the Authority or of any authorisation condition,
the Authority m a y w ithdraw or suspend any related aut horisation granted by or under this Act or any other law which the Authority
is entitled to enforce.
(3) In all cases where the Authority imposes an administrative fine in respect of anything done or is omitted to be done by any
person and such act or omission also constitutes a criminal offence, no proceedings may be taken or continued against the said person
in respect of such criminal offence.
Other sanctions that the Authority may impose. Added by:
VII. 2004.8. Substituted by:
XXX. 2007.42. Amended by: XII. 2010.15;
IX. 2011.51.
Cap. 399.
Procedure when taking a measure under article 31. Added by:
VII. 2004.8. Amended by:
L.N. 426 of 2007.
Substituted by:
XXX. 2007.42.
Amended by:
IX. 2011.52.
Provided that where the measure is an administrative fine the person concerned shall also be informed of the amount of the fine:
Cap. 399.
Provided further that when issuing a warning under this subarticle, the Authority may impose such conditions as it may consider
reasonable in the circumstances.
(2) If the person concerned remedies the infringement with the period established by the Authority in accordance with subarticle
( 1 ), and ag rees in w r it ing t o abid e with any con d iti on th at the Authority may impose, the Authority may at its discretion
desist from pro c eedi ng any further, th is with out p r ejudi ce t o any regulatory measures that may have already been imposed.
(3) If after the lapse of the period mentioned in subarticle (1), the Authority considers that the person concerned has not given
any val i d reason s to d e mo nst r at e w h y no measur e sh o u l d be t a k e n against him, the Authority shall notify the
person concerned in writ ing, sp ecifyi ng t h e nature of the inf r ingement, statin g th e measure being taken, and if the measure
is an administrative fine, stating the amount of the fine being imposed.
(4) Notwithstanding the provisions of subarticle (1), where the
Authority has prima facie evidence that the infringement -
(a) represents an immediate and serious threat to public safety, public security or public health; or
(b) creates or may create serious economic or operational problems for other providers or users of communications
services or networks, or other users of radio spectrum; or
(c) would result in significant harm to competition in the electronic communications market, pending compliance
with access obligations imposed following a market analysis carried out in accordance with the Electronic Communications (Regulation) Act or any regulations made thereunder,
th e Author ity m ay ta ke urge nt interim measures to re medy the situation in advance of reaching a final decision, including ordering
the immediate cessation of the act or omission giving cause to the infringement, requiring the cessation or delay of provision of
a service or bundle of services, and the imposition of administrative fines:
Provided that the person against whom such measures are contemplated, shall, thereafter, be given a reasonable opportunity to state
his view and propose any remedies:
Provided further that the interim measures shall be valid for a maximum of th ree months , subject to extension for a further peri
od of th ree m o n t hs, in ci rcumstances where enforcement procedures have not been completed.
(5) The notification as referred to in subarticle (3) shall, upon the expiry of the time limit for appeal therefrom, upon the service
of a copy thereof by means of a judicial act on the person indicated in the notice, constitute an executive title for all effects
and the purposes of Title VII of Part I of Boo k Second of the Code of Organization and Civil Procedure:
Provided that if the person against whom the notice has been issued, files an appeal before the Appeals Board within the thirty
day period referred to under article 38, and concurrently with or before the filing of his appeal requests the Appeals Board to
suspend the effects of the notice, then the Authority shall desist from issuing a judicial act as referred to in this subarticle
until such time as the request for suspension has been determined, withdrawn or otherwise dealt with:
Provided further that the Appeals Board shall determine any requests for suspension re ferred to in t h is subarticle expeditiously.
Before determining any such request the Appeals Board shall give the Authority a reasonable opportunity to reply and make its submissions.
(6) Interest at the rate of eight per cent per annum shall run as from the date set by the Authorit y for the pay m ent of any
adm inistrative fine imposed by it in t erm s of thi s Act. In cases where the Appeals Board or the Court of Appeal, as the case
may be, after having upheld an application to suspend the fine pending proceedings, finally decides that the fine is due, such fine
shall be due together with any interests accrued thereon as from the date originally set by the Authority for payment including
the period during which the payment of the said fine was suspended.
(7) The Authority shall give its reasons for any decision taken under this article.
(8) Notwithstanding the provisions of any law, no p r ecau tionary warrant or ord e r sh all be issu ed
by any cou r t restraining the Authority from the exercise of any of the powers conferred upon it under this article.
Cap. 12.
Provided that if the act or omission which constitutes an infringement is committed by an undertaking and the Authority c o nsiders that such ac t or omis s i on has especially significant
Quantum of an administrative fine. Added by:
VII. 2004.8. Amended by:
XIII. 2005.64. Substituted by:
XXX. 2007.42. Amended by: IX. 2011.53.
Administrative infringements by bodies corporate. Added by:
VII. 2004.8.
Limitation on the provision of services, networks to protect public security etc.
Added by: XXX. 2007.43. Amended by:
IX. 2011.43, 54.
effects on th e mark et to the d e triment of competito rs and, or consum ers, the stated amount that may be imposed as an administrative
fine may be increased to an amount that is not more than five per cent of the turnover of the undertaking in the calendar year immediately
preceding the year when the infringement was committed:
Provided further that any daily fine imposed may be back dat e d to th e d a te of t h e com m ission or commencement of the infringement.
(2) In determining the amount of an administrative fine, regard shall be h a d in part icular to t h e nat u re and exten t
of the infring ement, it s duration and its impact on the market and on consumers.
(3) The Minister may in regulations made under this Act establish the adm i nistrative fines that may be im posed by the
Authority for breaches of the said regulations:
Provided that the amount of the fines that may be so prescrib ed sh all no t ex ceed th e maxim u m amo u n t s r e f e
r r ed to under subarticle (1).
(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
*Not yet in force.
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 auth orization or to act in any capacity m e ntioned
in p a ragraphs ( b ) or ( c ) an d th at the ho ldin g 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 subarticle (2) is a fit and proper person
to h o ld an au tho r izati on o r to ac t i n any capaci ty menti oned i n subarticle (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 subarticle (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.
Prescription for offences and administrative infringements. Added by:
VII. 2004.8.
Communications Appeals Board. Added by:
VII. 2004.8. Amended by:
XIII. 2005.65; L.N. 426 of 2007.
Cap. 12.
(2) The Communications Appeals Board shall be appointed by the Prime Minister, and shall be composed of:
(a) a chairman who shall be an advocate with at least seven years practice; and
(b) two other members who shall be selected by the Chairman of the Appeals Board from amongst a panel of persons appointed
by the Prime Minister and having such commercial, technical, or financial experience in the fields of electronic communications,
postal services and such other areas relating to communications in respect of which the Appeals
Board has jurisdiction.
(3) The Chairman and members of the panels of the Appeals Board shall b e ap point ed for a term of three y ears an d shall be
eligible for re-appointment.
(4) The Appeals Board shall be independent in the performance of its functions.
(5) The Chairman and members of the Appeals Board may be challenged or abstain for any of the reasons for which a judge may be
challe nged or a b s t ai n in accordance with the Code of Or ganization and Civil Proced ure . In suc h a cas e t h e Prime Minister shall appoint a person, having the qualifications of the chairman or member challenged or
abstaining, to sit in substitution.
(6) A member of the House of Representatives or of the European Parliament or of a local council shall be disqualified
from being appointed or continuing to be the Chairman or a member of the Appeals Board for as long as he holds that office.
(7) The Chairman or member of the Appeals Board may only be removed from office by the Prime Minister on grounds of gross negligence,
conflict of interest, incompetence, or acts or omissions unbecoming a member of the Appeals Board. In doing so the Prime Minister
shall lay before the House of Representatives a statement giving the reasons for the removal of the said member.
(8) The Chairman or a member of the Appeals Board shall for a period of one year following the termination for whatever reason
of his appoint ment not engage in any activity which because of conflict of interest would have been incompatible with the exercise
of his functions. Any person who acts in breach of this subarticle shall be gu ilty of an of f e nce against th is Act and shall
on conviction be liable to a fine (multa) of not more than two thousand and three hundred and twenty-five euro (2,325) and shall be barred from being appointed to any similar
posts for a period of not less than ten years.
(9) The Prime Minister shall designate a person to serve as secretary to the Appeals Board and who shall serve in such a
capacity in accordance with the ethical standards appropriate to his position.
(10) Notwithstanding the coming into force of Part VIII of this Act and the establishment of the Communications Appeals Board, any
appeals that may be pending before the Telecommunications Appeals Board and, or the Postal Services Appeals Board on the date of
the coming into force of Part VIII of this Act, shall continue to be heard and determined acco rding to the law as in force immediately
prior to the coming into force of Part VIII of this Act, b y the Te leco mmun i cat i on s Ap p eals Board a n d, or the Postal Services
Appeals Board according to the merits of the case.
Appeals pending before the Telecommunica- tions Appeals Board and the Postal Services Appeals Board.
37. (1) Unless otherwise provided by law an appeal shall lie to the Appeals Board from a decision of the Authority made under this Act,
the Electronic Communications (Regulation) Act, the Utilities and Services (Regulation of Certain Works) Act, the Broadcasting Act, the Postal Services Act or the Electronic Commerce Act:
Provided that the Prime Minister may by order in the
Gazette extend the jurisdiction of the Appeals Board to -
(a) any other decisions that the Authority may take under any other law which the Authority is entitled to enforce; and
(b) any decision taken by or on behalf of Government or by any public authority in relation to or having a substantial bearing
on communications.
(2) The right of appeal to the Appeals Board shall be competent to any person aggrieved by the decision:
Provided that in any case, a person making an appeal to the Appeals Board shall also explain his juridical interest in impugning the
decision appealed from.
(3) Without prejudice to the provisions of article 38 -
(a) an appeal from a decision of the Authority shall be made by application and shall be filed with the secretary of the
Appeals Board within thirty days from the date on which the said decision has been notified to the party appealing; and
(b) the application of appeal shall be notified to the Authority, which shall not later than twenty days from such notification
file its reply thereto with the secretary of the Appeals Board.
Appeals from decisions other
than the imposition
of administrative
fines of the
Authority.
Added by:
VII. 2004.8.
Amended by:
XXX. 2007.44;
IX. 2011.55.
Cap. 399.
Cap. 81.
Cap. 350.
Cap. 254.
Cap. 426.
37A. The Appeals Board shall respect and apply the principles of good admi nistrative behavio u r laid down in articl e 3 o f th e Administrative Justice Act.
Observance of the principles of good administrative behaviour.
Added by: XII. 2010.16.
Cap. 490.
Appeals against an administrative fine imposed by the Authority.
Added by: VII. 2004.8. Amended by: XXX. 2007.45.
the provisions of this article.
(2) A person who is notified with a notice in writing given under article 32(3) may, within thirty days from the date of such
notification, lodge an appeal before the Appeals Board objecting to the administrative fine so fixed.
(3) The Appeals Board shall not annul an administrative fine as aforesaid unless it results to it that such fine could not at law
be imposed in the circumstances of the case, or could not at law be fixed in the amount established by the Authority due account
being given to the principle of proportionality.
(4) The Appeals Board shall, without delay, set down the appeal for hearing at an early date, which date shall in no case
be later than forty days from the date of the service of the appeal on the Authority.
(5) The appeal, and the notification of the date fixed for hearing, shall be notified to the Authority without delay,
and the Authority shall file its reply thereto within twenty days from the date of the notification of the appeal.
(6) The decision of the Appeals Board upon an appeal referred to in subarticle (2), confirming the imposition of a fine established
by the Authority or reducing any such fine, shall upon becoming re s j udicata be deemed to be a decisio n of the Ap peals Board equivalent to a decision of the First Hall of the Civil Court ordering payment
by the appellant of the administrative fine as confirmed or reduced.
(7) There shall be a right of appeal to the Court of Appeal to any of the parties to the proceedings before the Appeals Board in
accordance with article 41.
Decisions of the Appeals Board. Added by:
VII. 2004.8.
(2) Subject to the provisions of article 41, the decisions of the
Appeals Board shall be final and binding.
(3) Where the Appeals Board considers that, having regard to its determination of the appeal and all other relevant matters, there
are sufficient reasons rendering it equitable to do so, it may, either of its own motion or on application by a consumer being a
party to the appeal, order that the whole or part of the costs of any such party app e aring before t h e A ppeals Board relatin
g to th e engagement of a lawyer and, or of a technical adviser shall be paid to the consumer concerned by any other party to the
appeal named in the order.
(2) The Appeals Board shall endeavour to determine an appeal within one hundred and twenty days from the lapse of the period by
when the Authority may file its reply to the aforesaid appeal and in any case shall deliver its final decision not later than sixty
days from when the parties declare that they have concluded with their evidence and made their final submissions.
(3) The Appeals Board in order to assist it in the exercise of its functions may appoint independent and impartial experts to advise
it on any issue that may be relevant to any appeal lodged before it. In such cases the Appeals Board shall be entitl ed to m ak
e both provisional and final orders in respect of the payment of the costs and fees of such experts by any of the parties to the
appeal.
(4) The Appeals Board in the exercise of its functions shall have the same powe rs as are com p et en t to t h e Fi r st Ha ll
, C iv il Court according to law.
(5) The Minister may subject to the provisions of this Act, by regul at ions prescribe th e pro c ed ure t o be follo wed before
t h e Appeals Board, and subject thereto and to any other provisions of this Act, the Appeals Board may regulate its own procedure.
(6) The Minister may, with the concurrence of the Minister responsible for finance by regulation, establish any such fees
as are considered to be necessary in relation to any proceedings before the Appeals Board.
(7) The Minister may by regulation amend any of the periods stated in subarticle (2).
Procedure of the Appeals Board. Added by:
VII. 2004.8.
41(6) of the Code of Organization and Civil Procedure by means of an application filed in the registry of that court within thirty days
from the date of the decision of the Appeals Board.
(2) The Minister responsible for justice may by regulation under this subarticle establish the fees payable in the registry
of the court in relation to the filing of judicial acts in connection with appeals under this article:
Provided that until such fees are so established, the fees in Schedule A to the Code of Organization and Civil Procedure shall apply.
(3) The Board established under article 29 of the Code of O r g a nizat io n an d Ci vi l Pro c ed ur e may make Ru les
o f Co ur t governing appeals to the Court of Appeal under this article.
Appeal to the Court of Appeal. Added by:
VII. 2004.8.
Cap. 12.
Cap. 12. Cap. 12.
Status of decision or directive pending an appeal before the Appeals Board or the Court of Appeal.
Added by: VII. 2004.8.
Amended by:
IX. 2011.56.
(2) The Appeals Board or the Court of Appeal as the case may be, where it considers it to be appropriate, may on the application of a party to the appeal, suspend the decision of the Authority pending the final determination of the appeal. The Appeals Board or the Court of Appeal in deciding to suspend the decision shall state their reasons for doing so.
Collection of information regarding appeals. Added by:
IX. 2011.57.
Added by: XXX. 2007.46.
Disputes between persons holding an authorization. Added by:
XXX. 2007.46. Amended by:
IX. 2011.58.
Provided that such period of four months may be extended in circumstances which the Authority considers exceptional.
(2) The Authority may of its own initiative, investigate any suspected breach of any obligations arising under any law, decision
or authorisation condition which it is entitled to enforce.
(2A) The Authority may decide not to initiate an investigation referred to in subarticle (1) and, or in subarticle (2) where it
is sat i sfi e d t h at oth e r means of resolv in g t h e d i sp ute in a ti mely manner are avail a ble to t h e par ties o r
if legal proceed i ngs in relation to t h e dispute have be en i n itiated by any party to th e dispute:
Provided that where the Authority decides not to initiate an investigation it shall inform the parties of such a decision as soon
as possible thereafter.
(3) Where the Authority decides not to initiate an investigation under subarticle (2), it shall inform the parties of such a decision
as soon as possible thereafter.
(4) If four months from the date of a decision referred to in su bar ticl e ( 3) t he d ispu te is n ot reso lv ed an d the par
ty seeki ng redress has not initiated legal pr oceedings bef o re the ordinary courts or any other competent adjudicati ve forum
, however so described, the Authority shall, at the request of any of the parties to
the d i sput e, i n it iate an inv e st igation and give a decision in accordance with the provisions of this article.
(5) In giving a decision under this article the Authority shall in relatio n to disput es between persons pro v idi ng electr
onic com m u n i catio ns servi ces an d, o r netw orks, ha ve regard to th e obj ectiv es un der art i cl e 4 of th e Electronic
Communications (Regulation) Act.
(6) Without prejudice to the provisions of article 31, a person to whom a decisio n under this article appli es sh all, saving
the provisions of article 42, forthwith comply with that decision. If such person fails to do so, he shall be deemed to have committed
an infringement of this article. The period of non-compliance shall be deemed to have commenced from the date of notification of
the decision of the Authority or from any such other date as may be communicated in the decision which date shall in any case be
on or subsequent to the date of notification of the decision:
Provided that if it results to the Authority that a breach of this Act, any other law, decision or authorisation condition which the
Authority is entitled to enforce has been committed by a party to a dispute, the Authority may notwithstanding the provisions of
this article apply the provisions of articles 31 to 33.
(7) In issuing a decision under this article the Authority shall state the reasons on which the decision is based, and shall, subject
to such requirements of commercial confidentiality as it may deem appropriate, notify the parties to the dispute with a copy of
the decision.
(8) The Authority shall publish notice of a decision given under this article and shall indicate where copies of, or information
regarding the decision may be obtained.
(9) The procedure referred to in this article shall not preclude any party to the dispute from bringing an action before the courts
or any other competent adjudicative forum.
(10) The Minister may by regulation vary the periods stated in subarticles (1) and (4).
Cap. 399.
Provided that in referring a dispute to the Authority in accordance with this article, the end-user shall show prima facie that he has suffered prejudice as a direct result of the alleged non- compliant act or omission of the undertaking.
(2) Upon receipt of any reference as aforesaid, or upon otherwise becoming aware of any such dispute that the Authority
believes should be investigated, the Authority shall notify all the parties to the dispute that the matter is being investigated.
In doing so the Authority shall regulate its own procedure, which procedure shall, as far as is reasonably possible, be trans p arent,
non- discriminatory, simple, inexpensive and conducive to a prompt and
Disputes involving end-users.
Added by:
XXX. 2007.46.
Amended by:
XII. 2010.17;
IX. 2011.59.
fair settlement of the dispute, and it shall afford all parties to the dispute reasonable opportunity to make their submissions and
to produce any relevant information:
Provided that the Authority may decide not to initiate an investigation in accordance with this article where it is satisfied that
other means of resolving the dispute in a timely manner are available to the parties or if legal proceedings in relation to the dispute
have been initiated by any party to the dispute.
(3) The Authority in resolving any disputes referred to it under this article, may issue directives to the person against whom
the complaint has been lodged requiring that person to comply with any measure that the Authority may specify for the resolution
of the dispute. Such directives m a y , having regard to the deter min ati on of t h e d i sp ut e and t o all o t h e r
rel e vant mat t ers, include an order to effect the reimbursement of payments received or to make comp ensatio n payment s . Such
paym en ts may also include the whole or part of the costs of any party relating to the engagement of a lawyer and, or of a technical
adviser in relation to any submissions relating to the dispute.
(4) The Authority shall make publicly available any rules of administrative procedure which it may from time to time establish
in relation to the handling of any disputes referred to it under this article.
(5) The provisions of this article shall be without prejudice to th e ri g h t o f an en d- user to h a ve recou r se to any ot
her bo dy i n resolving any such disputes.
(6) In issuing a decision under this article the Authority shall state the reasons on which it is based, and shall, subject to
such r e qui rem e n t s of com m e rcial conf iden tiali ty as it m a y deem appropriate, notify the parties to the dispute with
a copy of the decision.
(7) The Authority shall publish notice of a decision given under this article and shall indicate where copies of, or information
regarding the decision may be obtained.
Resolution of cross-border disputes. Added by:
IX. 2011.60.
Cap. 399.
(2) In addition to subarticle (1), a dispute arising under the Electronic C o mmunic a tion s (Regulation) Act or the European Electronic Communications Directives between parties in different Member States, where the dispute lies within the
competence of the Authority and national regulatory authorities from other Member States, that dispute shall be subject to the following
procedure:
(a) any party may refer such a dispute to the Authority or to the other national regulatory authorities concerned. The Authority shall
coordinate with the other national regulatory authorities, and may consult with BEREC in order to bring about a consistent resolution
of this dispute in accordance with the objectives set out in article 4 of the Electronic Communications (Regulations) Act:
Provided that where the Authority makes a determination for the purposes of resolving a dispute under this article,
the provisions of article 43 shall apply. In doing so the Authority may request BEREC to give an opinion as to the
action to be taken in accordance with the provisions of the European Electronic Communications Directives to resolve
the dispute. Where such a request has been made to BEREC, the Authority shall wait for the opinion of BEREC before taking
action to resolve the dispute. This shall not preclude the Authority from taking urgent measures as necessary:
Provided further that any obligations imposed on an undertaking by the Authority in resolving a dispute shall respect the provisions
of the European Electronic Communications Directives and shall take the utmost account of the opinion adopted by BEREC;
(b) the Authority may enter into arrangements with other national regulatory authorities whereby they may jointly decline
to resolve a dispute where other mechanisms, including mediation, exist and would better contribute to resolution
of the dispute in a timely manner in accordance with the provisions of Article 8 of the Framework Directive. Such arrangements shall include provision for the Authority or the other national regulatory authorities to inform the parties
without delay where they agree to jointly decline to resolve the dispute:
Provided that if after four months the dispute is not resolved, where the dispute has not been brought before the courts by
the party seeking redress, and if either party requests it, the Authority shall coordinate with the other national regulatory authorities
in order to bring about a resolution of the dispute in accordance with Article 8 of the Framework Directive, and taking the utmost account of any opinion adopted by BEREC in relation to the dispute in question.
(3) The procedure referred to in subarticle (2)(a) does not preclude a party from bringing an action before the courts.
Cap. 399.
Amended by: XXX. 2007.46.
Persons deemed public officers. Amended by: VII. 2004.8; XXX. 2007.46. Cap. 9.
45. (1) The members of the Authority, the members of the advisory committees and a l l of fi cers and empl oyees of the Authority
shall be deemed to be public officers within the meaning of the Criminal Code.
(2) The Minister and the members of the Authority and its officers shall not for a period of one year following the termination
of th ei r ap po i n t m e nt or offi ce en gage i n an y acti v it y w h ich in accordance with the provisions of article 3(4)(c) would disqualify a person from holding office as a member of the Authority.
Power to make regulations. Amended by: VII. 2004.7, 8; XXX. 2007.46.
Exemption from liability.
Added by:
VII. 2004.9.
Amended by:
XXX. 2007.46.
Service of notice.
Added by:
VII. 2004.9.
Amended by:
XXX. 2007.46.
(a) by delivering it to the person;
(b) by leaving it at the address at which the person ordinarily resides or carries on business;
(c) by sending it by registered post to the person at the address at which the person ordinarily resides or carries on business;
(d) if an address for the service of notices has been provided by the person, by leaving it at, or sending it by registered
post addressed to the person to that address;
(e) in any case where the Authority considers that the immediate giving of the notice is required, by sending it, by means
of a facsimile machine or by electronic mail, to a device or facility for the reception of facsimiles or electronic mail
located at the address at which the person ordinarily resides or carries on business or, if an address for the service of
notices has been furnished by the person, that address, provided that the facsimile machine of the sender generates a message confirming
successful transmission of the total number of pages of the notice or the facility of
the sender for the reception of electronic mail generates a message confirming receipt of the electronic
mail:
Provided that the provisions of paragraph (e) shall not apply to the notification of documents filed before the Appeals Board or any Court.
(2) The declaration referred to in subarticle (1) shall be served upon the debtor by means of a judicial act and it shall have
the same effect as a final judgement of the competent court unless the debtor shall, within a period of twenty days from service
upon him of the said declaration, oppose the claim by filing an application demanding that the court declare the claim unfounded.
(3) The application filed in terms of subarticle (2) shall be served upon the Authority, which shall be entitled to file
a reply with in a perio d of twen ty d a ys. The co urt shall ap poin t th e application for hearing on a date after the lapse of
that period.
(4) Any debts due to the Authority in accordance with this article shall be prescribed by the lapse of the period of five
years from the date on which the debt was due.
Proceedings for debts due to the Authority. Added by:
VII. 2004.9. Amended by:
XXX. 2007.46, 48.
SCHEDULE
(Article 5(2))
Subject to the Minister ’s powers under article 5(2), there shall be the following Directorates -
1. Directorate for Telecommunications with responsibility for the regulation of all matters relating to telecommunications as
may from time to time be assigned to the Authority by or under an Act of Parliament.
2. Directorate for Data Protection with responsibility for the regulation of all matters relating to data protection as may from
time to time be assigned to the Authority by or under an Act of Parliament.
3. Directorate for Information and Other Systems with responsibility for the regulation of all matters relating to
electronic commerce as well as information and other systems as may from time to time be assigned to the Authority by or under an
Act of
Parliament.
WorldLII:
Copyright Policy
|
Disclaimers
|
Privacy Policy
|
Feedback
URL: http://www.worldlii.org/mt/legis/laws/mcaa418c472