S.L. 399.48 Art. 81Procedure for granting of rights of use for numbering resources. Cap. 418.

(1) The Authority may on receipt of a written request in such form as it may from time to time determine, grant individual rights of use for numbering resources to any undertaking for the provision of electronic communications networks or services covered by a general authorisation referred to in regulation 5, subject to regulations 7 and 8 and to regulation 16(1)(c) and to any other rules ensuring the efficient use of those numbering resources in accordance with these regulations.

(2) The Authority shall grant rights of use for numbering resources through open, objective, transparent, non-discriminatory and proportionate procedures. In doing so the Authority shall, at its discretion, specify whether those rights can be transferred by the holder of the rights, and under which conditions.

(3) Where the Authority grants rights of use for numbering resources for a limited period, then the duration of that period shall be appropriate for the service concerned with a view to the objective pursued, taking due account of the need to allow for an appropriate period for investment amortisation.

(4) The Authority shall decide on the granting of rights of use for numbering resources as soon as possible after receipt of the complete application, and within three weeks in the case of numbering resources that have been allocated for specific purposes within the national numbering plan:

Provided that such decisions shall be made publicly available on the website of the Authority. AND SERVICES (GENERAL)

(5) Where the Authority has determined, after consulting interested parties in accordance with article 4A of the Malta

Communications Authority Act, that rights of use for numbering resources of exceptional economic value are to be granted through competitive or comparative selection procedures, then the Authority may extend the three week period referred to in sub-regulation (4) by up to a further three weeks.

(6) The Authority shall not limit the number of individual rights of use to be granted, except where this is necessary to ensure the efficient use of numbering resources.

(7) Where the rights of use for numbering resources include their extraterritorial use in accordance with regulation 80(5) to (7), the Authority shall attach to those rights of use specific conditions in order to ensure compliance with all the relevant national consumer protection rules and national law related to the use of numbering resources applicable in those countries where the numbering resources are used.

(8) Upon request from a national regulatory or other competent authority of a country where the numbering resources are used, demonstrating a breach of relevant consumer protection rules or national laws related to the use of numbering resources of that country, the Authority shall enforce the conditions attached under the sub-regulation (7), including, in serious cases, by withdrawing the rights of extraterritorial use for the numbering resources granted to the undertaking concerned.

(9) This regulation shall also apply in those exceptional circumstances where, at its discretion, the Authority grants rights of use for numbering resources to entities other than providers of electronic communications networks or services in accordance with regulation 80(3).