S.L. 399.44 Art. 3Granting of authorisations to the selected applicants.

(1) The Authority shall grant an authorisation under these regulations to each of the selected applicants for use in Malta of the frequencies specified for that selected applicant in Article 3 of the

Commission Decision for the provision of services by one or more space stations subject to the conditions set out in these regulations:

Provided that the grant for the provision of services by one or more space stations shall become effective on the date of its publication in the official website of the Authority:

Provided further that in issuing any such authorisation the Authority may provide for any objectively justified, non-discriminatory, proportionate and transparent conditions as it may consider necessary in the circumstances and as are in accordance with the EU Decision and the Commission Decision:

Provided further that any such authorisations shall be valid for a period of eighteen years commencing from the 13th May 2009.

(2) For the purposes of sub-regulation (1), the frequencies specified in Article 3 of the Commission Decision are the following:

(a) Inmarsat Ventures SE, from 1980 to 1995 MHz for earth to space communications, and from 2170 to 2185MHz for space to earth communications; and

(b) EchoStar Mobile Limited, from 1995 to 2010 MHz for earth to space communications, and from 2185 to 2200 MHz for space to earth communications.

(3) The grant of authorisations under these regulations:

(a) shall, where the selected applicants intend to provide electronic communications services in Malta, not exempt the said applicants from the obligation to diligently obtain at their own expense any permit, licence or other approval or authorisation however so described, that may be necessary to construct, operate and maintain the services or any part thereof, or from the obligation of complying with any condition of any such permit, licence or other approval or authorisation, as required under the Act, the Electronic Communications Networks and Services (General) Regulations, all national laws and regulations, decisions of the Authority, and applicable European Union Law;

(b) shall be subject to the payment by the selected applicants to the Authority of the fees provided for in Schedule I: Provided that the payment of such fees shall be without prejudice to any other fees as may be due with regard to the provision of electronic communications services or networks.