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CAP. 399.]
ELECTRONIC COMMUNICATIONS (REGULATION)
adopted in accordance with Article 4 of Decision No. 676/2002/EC,
the Authority shall seek to minimise problems of harmful
interference, including in cases of shared use of radio spectrum on
the basis of a combination of general authorisation and individual
rights of use:
Provided that where appropriate, the Authority shall
consider the possibility to authorise the use of radio spectrum based
on a combination of general authorisation and individual rights of
use, taking into account the likely effects of different combinations
of general authorisations and individual rights of use and of gradual
transfers from one category to the other on competition, innovation
and market entry.
(4) The Authority shall seek to minimise restrictions on the
use of radio spectrum by taking appropriate account of
technological solutions for managing harmful interference in order
to impose the least onerous authorisation regime possible.
(5) When taking a decision pursuant to sub-articles (1) and (2)
with a view to facilitating the shared use of radio spectrum, the
Authority shall ensure that the conditions for the shared use of
radio spectrum are clearly set out. Such conditions shall facilitate
efficient use of radio spectrum, competition and innovation.
Management of
radio spectrum.
Added by:
VII. 2004.23.
Re-numbered by:
XII. 2010.5.
Amended by:
IX. 2011.3.
Substituted by:
IX. 2011.27.
Amended by:
VIII. 2014.44.
Substituted by:
LII. 2021.40.
38. (1) The Authority shall ensure the effective management of
the radio spectrum for electronic communications networks and
services in Malta in accordance with articles 4 and 4A. In doing so
the Authority shall take into account that the radio spectrum is a
public good that has an important social, cultural and economic
value.
(2) Without prejudice to specific criteria and procedures
adopted to grant rights of use of radio spectrum to providers of
radio or television broadcast content services with a view to
pursuing general interest objectives in conformity with European
Union law:
(a) no exclusive or special rights of use of radio spectrum
shall be granted for the provision of electronic
communications services; and
(b) the Authority shall in the exercise of its functions with
regard to the allocation of, the issuing of general
authorisations in respect of, and the granting of
individual rights of use for radio spectrum for
electronic communications networks and, or services,
act in accordance with objective, transparent, procompetitive, non-discriminatory and proportionate
criteria.
(3) In applying the provisions of this article, the Authority
shall respect relevant international agreements, including the ITU
Radio Regulations, and other agreements adopted in the framework
of the ITU applicable to radio spectrum and may take public policy
considerations into account.
(4)
Upon the grant of rights for the use of radio spectrum and in