S.L. 399.48 Art. 50Conditional access systems and other facilities. Cap. 418.

(1) The conditions laid down in Part I of the Second

Schedule apply in relation to conditional access to digital television and radio services broadcast to viewers and listeners in the European Union, irrespective of the means of transmission.

(2) Where, as a result of a market analysis carried out in accordance with regulation 54(1), (2), (3) and (4), the Authority finds that one or more undertakings do not have significant market power on the relevant market, it may amend or withdraw the conditions with respect to those undertakings, in accordance with the procedures referred to in article 4A of the Malta Communications Authority Act and regulation 21, only to the extent that:

(a) accessibility for end-users to radio and television broadcasts and broadcasting channels and services specified in accordance with regulation 101 would not be adversely affected by such amendment or withdrawal; and

(b) the prospects for effective competition in the following markets would not be adversely affected by such amendment or withdrawal:

(i) retail digital television and radio broadcasting services; and

(ii) conditional access systems and other associated facilities.

Provided that the Authority shall give an appropriate notice period to parties affected by such amendment or withdrawal of conditions.

(3) Conditions applied in accordance with this regulation are without prejudice to the faculty of the Authority to impose obligations in relation to the presentational aspect of EPGs and similar listing and navigation facilities.

(4) Notwithstanding sub-regulation (1), the Authority may, periodically review the conditions applied in accordance with this regulation, by undertaking a market analysis in accordance with regulation 54(1), (2), (3) and (4) to determine whether to maintain, amend or withdraw the conditions applied.