S.L. 399.48 Art. 32Management of radio spectrum. Cap. 418.

(1) In the exercise of its functions under the Act, the

Authority shall promote the harmonisation of use of radio spectrum by electronic communications networks and services across the European Union, consistent with the need to ensure effective and efficient use thereof and in pursuit of benefits for the consumer such as competition, economies of scale and interoperability of networks and services. In so doing, the Authority shall act in accordance with article 4A of the Act and with Decision No 676/2002/EC, by: inter alia,

(a) pursuing wireless broadband coverage in Malta at high quality and speed, as well as coverage of major national and European transport paths, including trans-European transport network as referred to in Regulation (EU) No 1315/ 2013 of the European Parliament and of the Council;

(b) facilitating the rapid development in the European Union of new wireless communications technologies and applications, including, where appropriate, in a cross-sectoral approach;

(c) ensuring predictability and consistency in the granting, renewal, amendment, restriction and withdrawal of rights of use for radio spectrum in order to promote long-term investments;

(d) ensuring the prevention of cross-border or national harmful interference in accordance with regulation 19 and article 37 of the Act respectively, and taking appropriate pre-emptive and remedial measures to that end;

(e) promoting the shared use of radio spectrum between similar or different uses of radio spectrum in accordance with competition law;

(f) applying the most appropriate and least onerous authorisation system possible in accordance with article 37 of the Act in such a way as to maximise flexibility, sharing and efficiency in the use of radio spectrum;

(g) applying rules for the granting, transfer, renewal, modification and withdrawal of rights of use for radio spectrum that are laid down in a clear and transparent manner in order to guarantee regulatory certainty, consistency and predictability; and AND SERVICES (GENERAL)

(h) pursuing consistency and predictability throughout the European Union regarding the way the use of radio spectrum is authorised in protecting public health taking into account Recommendation 1999/519/EC, the radiation emission standards adopted and published by ICNIRP, or by a national public authority which at law is responsible for the adoption of any such standards, or with any other appropriate standard as may be specified at law.

(2) Where the Authority considers that there is a lack of market demand for the use of a band in the harmonised radio spectrum, it may then allow an alternative use of all or part of that band, including the existing use, in accordance with sub-regulations (5), (6) and (7) provided that:

(a) the finding of a lack of market demand for the use of such a band is based on a public consultation in accordance with article 4A of the Malta Communications Authority Act, including a forward-looking assessment of market demand;

(b) such alternative use does not prevent or hinder the availability or the use of such a band in other Member States; and

(c) the Authority takes due account of the long-term availability or use of such a band in the European Union and the economies of scale for equipment resulting from using the harmonised radio spectrum in the European Union:

Provided that any decision to allow alternative use on an exceptional basis shall be subject to a regular review and shall in any event be reviewed promptly upon a duly justified request by a prospective user to the Authority for use of the band in accordance with the technical implementing measure:

Provided further that the Authority shall inform the European Commission and the other Member States of the decision taken by the Authority, together with the reasons therefor, as well as of the outcome of any review.

(3) Without prejudice to sub-regulation (1), the Authority shall ensure that all types of technology used for the provision of electronic communications networks or services may be used in the radio spectrum declared available for electronic communications services in the Frequency Plan in accordance with European Union law.

(4) Notwithstanding the provisions of this regulation the Authority may provide for proportionate and non-discriminatory restrictions to the types of radio network or wireless access technology used for electronic communications services where it considers that this is necessary to:

(a) avoid harmful interference;

(b) protect public health against electromagnetic fields, taking utmost account of Recommendation 1999/519/ EC, the radiation emission standards adopted and published by ICNIRP, or by a national public authority which at law is responsible for the adoption of any such standards, or with any other appropriate standard as may be specified at law;

(c) ensure technical quality of service;

(d) ensure maximisation of radio spectrum sharing;

(e) safeguard efficient use of radio spectrum; or

(f) ensure the fulfilment of a general interest objective in accordance with sub-regulation (5).

(5) Without prejudice to the sub-regulation (6) the Authority shall ensure that all types of electronic communications services may be provided in the radio spectrum declared available for electronic communications services in the Frequency Plan in accordance with European Union law:

Provided that the Authority may provide for proportionate and non-discriminatory restrictions to the types of electronic communications services to be provided, including, where necessary, to fulfil a requirement under the ITU Radio Regulations.

(6) Measures taken by the Authority in accordance with these regulations that require an electronic communications service to be provided in a specific band available for electronic communications services shall be justified in order to ensure the fulfilment of a general interest objective as laid down by the Minister in accordance with European Union law, including, but not limited to:

(a) safety of life;

(b) the promotion of social, regional or territorial cohesion;

(c) the avoidance of inefficient use of radio spectrum; or

(d) the promotion of cultural and linguistic diversity and media pluralism, for example the provision of radio and television broadcasting services:

Provided that a measure which prohibits the provision of any other electronic communications service in a specific band may be AND SERVICES (GENERAL)

provided for only where necessary to protect the safety of life services. The Authority in consultation with the Minister may, on an exceptional basis, also extend such a measure in order to fulfil other general interest objectives in accordance with national law and European Union law.

(7) The Authority in consultation with the Minister shall regularly review the necessity of the restrictions referred to in sub-regulations (4), (5) and (6), and shall make the results of those reviews public.