S.L. 399.48 Art. 2Interpretation. Cap. 399.

In these regulations, unless the context otherwise requires:

""Act" means the Electronic Communications (Regulation) Act;

"application programming interface" or "API" means the software interface between applications, made available by broadcasters or service providers, and the resources in the enhanced digital television equipment for digital television and radio services;

"authorised undertaking" means an undertaking deemed to be authorised to provide electronic communications networks and, or services in accordance with these regulations;

"call" means a connection established by means of a publicly available interpersonal communications service allowing two-way voice communication;

"caller location information" means, in a public mobile network, the data processed, derived from network infrastructure or handsets, indicating the geographic position of an end-user’s mobile terminal equipment, and, in a public fixed network, the data about the physical address of the network termination point;

"the Charter" means the Charter of Fundamental Rights of the European Union;

"competent authority" and, or "competent public body" means any national or regional authority, and any national or regional public body or bodies as the Minister may, after consultation with the Authority and with the Minister responsible for such public authority or body, designate under the Fourteenth Schedule in accordance with his powers under article 47 of the Act, to be responsible or to undertake any of AND SERVICES (GENERAL)

the functions however so described, as stipulated in these regulations;

"Decision (EU) 2017/899" means Decision (EU) 2017/ 899 of the European Parliament and of the Council of 17 May 2017 on the use of the 470-790 MHz frequency band in the European Union;

"Decision No 243/2012/EU" means Decision No 243/ 2012/EU of the European Parliament and of the Council of 14 March 2012 establishing a multiannual radio spectrum policy programme;

"Directive 2003/98/EC" means Directive 2003/98/EC of the European Parliament and of the Council of 17 November 2003 on the re-use of public sector information;

"Directive 2014/30/EU" means Directive 2014/30/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to electromagnetic compatibility;

"Directive 2014/53/EU" means Directive 2014/53/EU of the European Parliament and of the Council of 16 April 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of radio equipment and repealing Directive 1999/5/EC;

"Directive 2014/61/EU" means Directive 2014/61/EU of the European Parliament and of the Council of 15 May 2014 on measures to reduce the cost of deploying high-speed electronic communications networks;

"Directive (EU) 2015/1535" means Directive (EU) 2015/ 1535 of the European Parliament and of the Council of 9 September 2015 laying down a procedure for the provision of information in the field of technical regulations and of rules on Information Society services;

"durable medium" means any instrument which enables the consumer or the trader to store information addressed personally to him in a way which is accessible for future reference for a period of time for the purposes of such information and which allows the unchanged reproduction of the information stored;

"enhanced digital television equipment" means set-top boxes intended for connection to television sets or integrated digital television sets, able to receive digital interactive television services; "ENISA" means the European Union Agency for Network and Information Security;

"gateway operator" means an undertaking providing or authorised to provide a public electronic communications network and, or publicly available electronic communications services which includes a submarine connection between the Maltese islands and, or includes an international connection between Malta and other countries;

"geographic number" means a number from the national numbering plan where part of its digit structure contains geographic significance used for routing calls to the physical location of the network termination point;

"ICNIRP" means the International Commission on Non-Ionising Radiation Protection;

"most appropriate PSAP" means a PSAP established by responsible authorities to cover emergency communications from a certain area or for emergency communications of a certain type;

"number-independent interpersonal communications service" means an interpersonal communications service which does not connect with publicly assigned numbering resources, namely, a number or numbers in national or international numbering plans, or which does not enable communication with a number or numbers in national or international numbering plans;

"non-geographic number" means a number from the national numbering plan that is not a geographic number, such as mobile, freephone and premium-rate numbers;

"other electronic communications services" include:

(i) services consisting wholly or mainly in the conveyance of signals such as transmission services for the provision of machine-to-machine (M2M) or Internet of Things (IoT);

(ii) number-based interpersonal non-voice communications services;

(iii) publicly available telephone directories and directory enquiry services;

(iv) other publicly available electronic communications services; and AND SERVICES (GENERAL)

(v) non-publicly available electronic communications services.

"provision of an electronic communications network" means the establishment, operation, control or making available of such a network;

"radio local area network" or "RLAN" means a low-power wireless access system, operating within a small range, with a low risk of interference with other such systems deployed in close proximity by other users, using, on a non-exclusive basis, harmonised radio spectrum;

"Recommendation 1999/519/EC" means Council Recommendation of 12 July 1999 on the limitation of exposure of the general public to electromagnetic fields (0 Hz to 300 GHz);

"Regulation (EU) No 1315/2013" means Regulation (EU) No 1315/2013 of the European Parliament and of the Council of 11 December 2013 on European Union guidelines for the development of the trans-European transport network and repealing Decision No 661/2010/EU;

"Regulation (EU) 2016/679" means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation);

"Regulation (EU) 2018/1971" means Regulation (EU) 2018/1971 of the European Parliament and of the Council of 11 December 2018 establishing the Body of European Regulators for Electronic Communications (BEREC) and the Agency for Support for BEREC (BEREC Office), amending Regulation

(EU) 2015/2120 and repealing Regulation (EC) No 1211/2009;

"security incident" means an event having an actual adverse effect on the security of electronic communications networks and, or services;

"small-area wireless access point" means low-power wireless network access equipment of a small size operating within a small range, using licensed radio spectrum or licence-exempt radio spectrum or a combination thereof, which may be used as part of a public electronic communications network, which may be equipped with one or more low visual impact antennae, and which allows wireless access by users to electronic communications networks regardless of the underlying network topology, be it mobile or fixed;

"subscriber" means any person who is party to a contract with the provider of publicly available electronic communications services for the supply of such services;

"television and radio distribution services" means the delivery of television and, or radio broadcasts or other television services to a subscriber through an electronic communications network;

"total conversation service" means a multimedia real time conversation service that provides bidirectional symmetric real time transfer of motion video, real time text and voice between users in two or more locations;

"transnational markets" means markets identified in accordance with regulation 53 which cover the European Union or a substantial part thereof located in more than one Member State; and

"TFEU" means the Treaty on the Functioning of the European Union.".