S.L. 399.48 чл. 36Duration of rights. Cap. 418.

(1) Where the Authority authorises the use of radio spectrum through individual rights of use for a limited period, it shall ensure that the right of use is granted for a period that is appropriate in light of the objectives pursued in accordance with regulation 42(2), (3) and (4), taking due account of the need to ensure competition, as well as, in particular the effective and efficient use of radio spectrum, and to promote innovation and efficient investments, including by allowing for an appropriate period for investment amortisation.

(2) Where the Authority grants individual rights of use for radio spectrum for which harmonised conditions have been set by technical implementing measures in accordance with Decision No 676/2002/EC in order to enable its use for wireless broadband electronic communications services (‘wireless broadband services’) for a limited period, it shall ensure regulatory predictability for the holders of the rights over a period of at least twenty years regarding conditions for investment in infrastructure which relies on the use of such radio spectrum, taking account of the requirements referred to in sub-regulation (1): Provided that the provisions of this regulation are subject, where relevant, to any modification of the conditions attached to those rights of use in accordance with article 47(4) of the Act. In this regard the Authority shall ensure that such rights are valid for a duration of at least fifteen years and include, where necessary in order to comply with this sub-regulation, an adequate extension thereof, under the conditions laid down in this sub-regulation.

(3) The Authority shall make available the general criteria for an extension of the duration of rights of use, in a transparent manner, to all interested parties in advance of granting rights of use, as part of the conditions laid down under regulation 42(5) and (8). Such general criteria shall relate to:

(a) the need to ensure the effective and efficient use of the radio spectrum concerned, the objectives pursued in regulation 32(1)(a) and (b), or the need to fulfil general interest objectives related to ensuring safety of life, public order, public security or defence; and

(b) the need to ensure undistorted competition.

(4) By not later than two years before the expiry of the initial duration of an individual right of use, the Authority shall conduct an objective and forward-looking assessment of the general criteria laid down for the extension of the duration of that right of use in light of regulation 32(1)(c):

Provided that the Authority has not initiated enforcement action for non-compliance with the conditions of the rights of use pursuant to regulation 20, it shall grant the extension of the duration of the right of use unless it concludes that such an extension would not comply with the general criteria laid down in sub-regulation (3)(a) or (b). On the basis of that assessment, the Authority shall notify the holder of the right as to whether the extension of the duration of the right of use is to be granted:

Provided further that if such extension is not to be granted, the Authority shall apply regulation 35 for granting rights of use for that specific radio spectrum band.

(5) Any measure taken under sub-regulations (2), (3) and (4) shall be proportionate, non-discriminatory, transparent and reasoned.

(6) By way of derogation from article 4A of the Malta Communications Authority Act, interested parties shall have the opportunity to comment on any draft measure pursuant to sub-regulations (3) and (4) for a period of at least three months.

(7) This regulation is without prejudice to the application of regulations 14 and 20. AND SERVICES (GENERAL)

(8) When establishing fees for rights of use, the mechanism provided for under this regulation shall be taken into account.

(9) Where the Authority considers that there is justification, it may then derogate from sub-regulations (2) to (6) in the following cases:

(a) in limited geographical areas, where access to high-speed networks is severely deficient or absent and this is necessary to ensure achievement of the objectives of regulation 32(1);

(b) for specific short-term projects;

(c) for experimental use;

(d) for any uses of radio spectrum which, in accordance with regulation 32(3), (4), (5) and (6), can coexist with wireless broadband services; or

(e) for any alternative use of radio spectrum in accordance with regulation 32(2).

(10) The Authority may adjust the duration of rights of use laid down in this regulation to ensure the simultaneous expiry of the said duration of rights in one or several bands.