MaltaMalta Communications Authority Decision Notice on the Review of 'Must Carry' Obligations, accessibility services carried alongside general interest television channels on the designated TV platforms
In force since .
An accessibility requirements rule binding private bodies.
What it requires
- If you provide Melita's Cable TV platform or GO's IPTV platform, on which the Authority keeps 'must carry' obligations, reserve sufficient network capacity for the transmission of the identified General Interest TV broadcast channels and the related complementary services (Decision Notice MCA/D/23-4884, section 5, point i).
- Transmit alongside each General Interest TV broadcast channel the accessibility services that the Broadcasting Authority defines from time to time for those channels (Decision Notice MCA/D/23-4884, section 2.2).
- Comply with the Authority's decision whatever dispute, appeal or legal proceedings has been started against it (General Regulations, reg. 114(2)).
These lines are LexLint's reading of the law's text.
If you get it wrong
Penalty structure
Article 31(1) of the Malta Communications Authority Act reaches a person who fails to comply with any decision given by the Authority, and regulation 114(3) of the General Regulations treats such a failure as a breach of those Regulations. Article 33(1) of that Act caps an administrative penalty at EUR 350,000 for each infringement or failure to comply and, or EUR 12,000 for each day of infringement or non-compliance, and its first proviso lets the cap for an undertaking rise to five per cent of turnover in the preceding calendar year where the infringement has especially significant effects on the market to the detriment of competitors or consumers.
- Rule
- Fixed only
- As of
- Currency
- EUR
- Fixed cap
- 350,000
Who enforces it
Enforcement body
The Malta Communications Authority, which may take the measures of article 31(1) of the Malta Communications Authority Act, an administrative penalty among them, against a person who fails to comply with its decision
What it reaches
Instrument type
a binding direction issued under an act
Applicability criteria
- As of
- Combinator
- Any of
- Criteria
- the undertakings providing Melita's Cable TV platform and GO's IPTV platform, on which the Decision Notice keeps 'must carry' obligations (section 5)
What this law does
The Malta Communications Authority published its Decision Notice on the Review of 'Must Carry' Obligations, reference MCA/D/23-4884, on . The Authority issued it pursuant to the Electronic Communications (Regulation) Act and having regard to regulation 101 of the Electronic Communications Networks and Services (General) Regulations.
Regulation 101(1) of those Regulations lets the Authority impose reasonable 'must carry' obligations for the transmission of specified radio and television broadcast channels and related complementary services, in particular accessibility services to enable appropriate access for end-users with disabilities, on undertakings providing electronic communications networks and services used for the distribution of radio or television broadcast channels to the public.
Article 114(1) of Directive (EU) 2018/1972, the European Electronic Communications Code, provides that Member States may impose such obligations, which regulation 101(1) restates. The Decision keeps 'must carry' obligations on Melita's Cable TV platform and GO's IPTV platform, irrespective of any package offered on them.
The undertakings providing those two platforms are required to reserve sufficient network capacity for the transmission of the identified General Interest TV broadcast channels and the related complementary services.
The Decision Notice states that complementary services include services designed to improve accessibility for end-users with disabilities, such as videotext, subtitling for end-users who are deaf or hard of hearing, audio description, spoken subtitles and sign language interpretation.
It states that an undertaking of a TV platform on which 'must carry' obligations are mandated is required to transmit alongside the respective General Interest TV broadcast channel those accessibility services, as defined by the Broadcasting Authority from time to time and applicable to the General Interest TV broadcast channels.
The Decision is effective from the date of publication and remains in force until further notice by the Authority, and it supersedes the Authority's 2017 Decision Notice on the Review of Must-Carry Obligations. The Decision Notice states that 'must carry' obligations mandated on an undertaking of a TV platform must be reviewed every five years. A person who fails to comply with any decision issued by the Authority under the General Regulations is considered to have acted in breach of them.
Article 31(1) of the Malta Communications Authority Act lets the Authority take the measures it lists, among them an administrative penalty, in respect of any person who fails to comply with any decision given by the Authority. Article 33(1) of that Act caps an administrative penalty at EUR 350,000 for each infringement or failure to comply and, or EUR 12,000 for each day of infringement or non-compliance.
When LexLint raises it
When your app profile says your app provides telecom services.
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