S.L. 399.48 чл. 77Financing of universal service obligations.

(1) Where, on the basis of the net cost calculation referred to in regulation 76, the Authority finds that a provider is subject to an unfair burden, the Authority shall, upon request from the provider concerned, decide to do one or both of the following:

(a) introduce a mechanism to compensate that provider for the determined net costs under transparent conditions from public funds;

(b) share the net cost of universal service obligations between providers of electronic communications networks and services:

Provided that a mechanism under paragraph (a) may only be established with the approval of the Minister granted with the concurrence of the Minister responsible for finance.

(2) Where the net cost is shared in accordance with paragraph

(b) of sub-regulation (1), the Authority shall establish a sharing mechanism administered by the Authority or a body independent from the beneficiaries under the supervision of the Authority.

(3) Only the net cost, as determined in accordance with regulation 76 of the obligations laid down in regulations 71 to 74 may be financed.

(4) A sharing mechanism established in accordance with this regulation shall respect the principles of transparency, least market distortion, non-discrimination and proportionality, in accordance with the principles set out in Part B of the Seventh Schedule:

Provided that the Authority may decide not to require contributions from undertakings whose national turnover is less than any such set limit as may, from time to time, be determined by the Authority.

(5) Any charges related to the sharing of the cost of universal service obligations shall be unbundled and identified separately for each undertaking:

Provided that the Authority shall not impose on, or collect any charges from, undertakings that are not providing services in Malta.