10
CAP. 399.]
ELECTRONIC COMMUNICATIONS (REGULATION)
(3) The Authority shall, in the performance of its functions at
law, act impartially, objectively, transparently and in a nondiscriminatory and proportionate manner.
(4) The Authority shall contribute to the development of the
internal market by working in a transparent manner with the
national regulatory authorities of other Member States, the
European Commission and BEREC, in order to ensure the
consistent application in all Member States of the Electronic
Com munic ations Cod e. In doing so the Authority shall, in
particular, work with the European Commission and BEREC to
identify the types of instruments and remedies best suited to
address particular types of situations in the market.
Strategic planning
and coordination
of radio spectrum
policy.
Added by:
LII. 2021.17.
4A. (1)The Authority shall cooperate with the competent
authorities in other Member States and with the European
Commission in the strategic planning and harmonisation of the use
of radio spectrum in the European Union in accordance with
European Union policies for the establishment and functioning of
the internal market in electronic communications. In doing so it
shall take into consideration, inter alia, the economic, safety,
health, public interest, freedom of expression, cultural, scientific,
social and technical aspects of European Union policies, as well as
the various interests of radio spectrum user communities, with the
aim of optimising the use of radio spectrum and avoiding harmful
interference.
(2)
The Authority in cooperating with the competent
authorities in other Member States and with the European
Commission shall promote the coordination of radio policy
approaches in the European Union and, where appropriate,
harmonised conditions with regard to the availability and efficient
use of radio spectrum necessary for the establishment and
functioning of the internal market in electronic communications.
(3)
The Authority shall, through the RSPG, cooperate with
the competent authorities in other Member States and with the
European Commission in accordance with sub-article (1), and upon
their request with the European Parliament and with the Council, in
support of the strategic planning and coordination of radio
spectrum policy approaches in the European Union, by:
(a) developing best practices on radio spectrum related
matters, with a view to implementing the Electronic
Communications Code;
(b) facilitating the coordination between Malta and other
Member States with a view to implementing the
Electronic Communications Code and other European
Union law and to contributing to the development of
the internal market; and
(c) co-ordinating the approaches to the assignment and
authorisation of use of radio spectrum and publishing
reports or opinions on radio spectrum related matters.