ELECTRONIC COMMUNICATIONS (REGULATION)
[ CAP. 399.
price and quality on the basis of effective competition,
by maintaining the security of networks and services,
by ensuring a high and common level of protection for
end-users through the necessary sector-specific rules
and by addressing the needs, such as affordable prices,
of specific social groups, in particular end-users with
disabilities, elderly end-users and end-users with
special social needs, and choice and equivalent access
for end-users with disabilities:
Provided that where the European Commission
establishes benchmarks and reports on the
effectiveness of the measures taken by the Authority
towards achieving the objectives referred to in this
sub-article, the Authority shall, where necessary, assist
the European Commission.
(2) The Authority shall, in pursuit of the policy objectives
referred to in sub-article (1), inter alia:
(a) promote regulatory predictability by ensuring a
consistent regulatory approach over appropriate
review periods and through cooperation with other
national regulatory and competent authorities in other
Member States, with BEREC, with the RSPG and with
the European Commission;
(b) ensure that, in similar circumstances, there is no
discrimination in the treatment of providers of
electronic communications networks and services;
(c) apply national law and European Union law in a
technically neutral fashion, to the extent that this is
consistent with the achievement of the objectives set
out in sub-article (1);
(d) promote efficient investment and innovation in new
and enhanced infrastructures, including by ensuring
that any access obligation takes appropriate account of
the risk incurred by the investing undertakings and by
permitting various cooperative arrangements between
investors and parties seeking access to diversify the
risk of investment, whilst ensuring that competition in
the market and the principle of non-discrimination are
preserved;
(e) take due account of the variety of conditions relating
to infrastructure, competition, the circumstances of
end-users and, in particular consumers in the various
geographic areas in Malta including local
infrastructure managed by natural persons on a notfor-profit basis; and
(f) impose ex-ante regulatory obligations only to the
extent necessary to secure effective and sustainable
competition in the interest of end-users and relax or
lift such obligations as soon as that condition is
fulfilled.
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