Law / Malta

Malta Communications Authority Decision Notice on Universal Service Obligations on Electronic Communications Services, free weekly directory enquiry call for eligible visually impaired persons

Malta Communications Authority Decision Notice, Universal Service Obligations on Electronic Communications Services (MCA/D/23-4920(26)), Decisions 6 and 7

In force since .

An accessibility requirements rule binding public and private bodies.

What it requires

  • If you provide fixed or mobile voice communications services, provide each eligible visually impaired person included in the list supplied by the responsible Ministry or Government entity with one free-of-charge call per week to a directory enquiry service number (Decisions 6 and 7).
  • If the number of eligible persons using the free call becomes excessive, to the extent that you need funding to sustain it, inform the Authority, which decides whether to cap the list (Decision Notice, section 4.2.2.1.2).
  • 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
providers of fixed and/or mobile voice communications services (Decision 7)

What this law does

Drafted with AI

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Research summary

Legal information, not legal advice. This is LexLint's own research summary of a public legal source, and it creates no attorney-client relationship. For decisions that matter, consult qualified counsel in the relevant jurisdiction. About LexLint

The Malta Communications Authority published its Decision Notice on Universal Service Obligations on Electronic Communications Services, reference MCA/D/23-4920(26), on , and updated it on . The Decision Notice states, in its section on other specific measures for vulnerable users, that according to the General Regulations the Authority is to ensure that support is provided to consumers with disabilities.

Article 85(4) of Directive (EU) 2018/1972, the European Electronic Communications Code, asks Member States to ensure that support is provided, as appropriate, to consumers with disabilities, and that other specific measures are taken with a view to ensuring that specific equipment and specific services that enhance equivalent access are available and affordable.

Decision 6 provides that the universal service includes one free of charge call per week to a directory enquiry service number to eligible visually impaired persons who are included in a list specifically provided by the responsible Ministry or Government entity. Details on the eligibility criteria and the form of that support are to be established by the responsible Ministry or Government entity.

Decision 7 requires all providers of fixed and/or mobile voice communications services to provide eligible visually impaired persons with that free-of-charge call per week. The Decision Notice adds that a provider of voice communications services that foresees the number of people using this facility becoming excessive, to the extent that it requires funding to sustain the burden, is to inform the Authority, which would then decide whether to cap the list to a maximum number of people.

The new requirements arising from the 2023 Decision Notice apply from , at which point all providers are required to comply with the provisions set out in it. Until then, the Authority's 2021 USO Decision remained effective and applicable, and it required GO, as the undertaking designated to provide specific measures for end-users with disabilities, to provide free calls to directory enquiry services for visually impaired persons and a 'Telecare' type of service.

Decision 8 provides that the universal service includes a 'Telecare' type of service at a reduced rate allowing easy access to a specialist emergency call centre to eligible consumers on the basis of criteria set by the responsible Ministry or Government entity, and that any deposits and any pendant replacement charges applied to eligible consumers must be reasonable. Decisions 8 and 9, as revised on , apply with effect from that date.

In Decision 9 as revised, the Authority anticipates that the 'Telecare' type of service will be provided, under the arrangement between the responsible Ministry or Government entity and the provider of that service, through a well-coordinated procedure with the active cooperation of providers of fixed voice communications services, and it reserves the right to intervene should the provision of the service to eligible end-users be jeopardised.

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.

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