28
CAP. 399.]
ELECTRONIC COMMUNICATIONS (REGULATION)
communications in particular for the purpose of
complying with any requirements however so
described of the European Union;
(o) regulate the allocation, assignment and use of radio
spectrum for electronic communications networks and,
or services, including the transfer or lease of rights to
use radio frequencies to other undertakings and the
procedure to be followed;
(p) regulate any matter relating to the regulation,
administration, management and authorisation of radio
spectrum, including any aspect concerning the issue of
authorisations, spectrum trading, the manner in which
radio frequencies and, or apparatus as may be
designated, may be used without the need of an
authorisation, and the fees and conditions that may be
imposed in relation thereto;
Cap. 418.
(q) empower the Authority to impose administrative fines
not exceeding the sum of two hundred and fifty
thousand euro (€250,000) for each breach and, or five
thousand euro (€5,000) for each day during which
failure to comply with this Act continues, upon any
person acting in contravention of any regulations made
under this Act and to provide for the imposition and
enforcement of such fines in accordance with the
provisions of this Act and with the Malta
Communications Authority Act;
(r) provide for rules to be applicable in relation to the
imposition of any administrative fines as may be made
under this article where any person fails to comply
with this Act;
(s) regulate the obligations including financial obligations
of undertakings with regard to legal interception;
(t) provide for any matter relating to the qualifications
that a person may require in order to carry out any
works or perform any other act relating to
construction, repair, maintenance, alteration or control
of any electronic communications service and, or
network, including the tests to be employed for
ascertaining whether a person possesses these
qualifications;
(u) prescribe penalties for criminal offences against any
regulations made under this Act, including different
fines (multa) for different offences and, or fines
(multa) calculated in accordance with the duration of
the commission of the offence:
Provided that any such regulations as may be made
shall not provide for a fine (multa) of more than
twenty five thousand euro (€25,000) and, or five
hundred euro (€500) for each day during which the
offence continues;