S.L. 399.48 чл. 68Migration from legacy infrastructure. Cap. 418.

(1) Undertakings which have been designated as having significant market power in one or several relevant markets in accordance with regulation 54 shall notify the Authority in advance and in a timely manner when they plan to decommission or replace with a new infrastructure parts of the network, including legacy infrastructure necessary to operate a copper network, which are subject to obligations pursuant to regulations 55 to 67.

(2) The Authority shall ensure that the decommissioning or replacement process includes a transparent timetable and conditions, including an appropriate notice period for transition, and establishes the availability of alternative products of at least comparable quality providing access to the upgraded network infrastructure substituting the replaced elements if necessary to safeguard competition and the rights of end-users.

(3) With regard to assets which are proposed for decommissioning or replacement, the Authority may withdraw the obligations after having ascertained that the access provider:

(a) has established the appropriate conditions for migration, including making available an alternative access product of at least comparable quality as was available using the legacy infrastructure enabling the access seekers to reach the same end-users; and

(b) has complied with the conditions and process notified to the Authority in accordance with this regulation:

Provided that such withdrawal shall be implemented in accordance with the procedures referred to in article 4A of the Malta

AND SERVICES (GENERAL)

Communications Authority Act and in regulations 21 and 22.

(4) This regulation shall be without prejudice to the availability of regulated products imposed by the Authority on the upgraded network infrastructure in accordance with the procedures set out in regulations 54 and 55.