e-form

Commercial General Authorisation to provide Electronic
Communications Networks and/or Services

Notification Forms and Information

MCA-OPS/tf/12-0746

Contents

1 GENERAL INFORMATION ON COMMERCIAL GENERAL AUTHORISATIONS AND NOTIFICATION FORM.........2

1.1 NOTIFICATION FORM BY NEW PROVIDERS.................................................................................................. 2
1.2 NOTIFICATION OF CESSATION,UPDATES OR CHANGES BY EXISTING PROVIDERS .............................. 2
1.3 IMPORTANT NOTICE ........................................................................................................................................ 2
1.4 METHOD OF SUBMITTING ANY NOTIFICATION............................................................................................. 3
1.5 REGISTER OF UNDERTAKINGS AUTHORISED TO PROVIDE ELECTRONIC COMMUNICATIONS NETWORKS/SERVICES ........................................................................................................................................... 3
1.6 RIGHTS AND OBLIGATIONS ATTACHED TO THE COMMERCIAL GENERAL AUTHORISATION .................3

FORM A(I): NOTIFICATION FORM BY NEW PROVIDERS - DETAILS .........................................................................4
FORM A(II): NOTIFICATION FORM BY NEW PROVIDERS - NETWORK AND/OR SERVICE DESCRIPTION ...........5
FORM A(III): NOTIFICATION FORM BY NEW PROVIDERS - DECLARATION .............................................................6

2 NOTIFICATION OF UPDATES, CHANGES OR CESSATION BY EXISTING PROVIDERS ...........................7

2.1 UPDATES AND CHANGES TO THE NOTIFICATION FORM................................................... 7
2.2 CESSATION OF THE COMMERCIAL GENERAL AUTHORISATION ....................................... 8

FORM B: CESSATION OF COMMERCIAL GENERAL AUTHORISATION ................................................................9
FORM C(I): UPDATE/CHANGES TO DETAILS OF THE NOTIFYING UNDERTAKING ...........................................10
FORM C(II): UPDATE/CHANGES TO NETWORK AND/OR SERVICES DESCRIPTION .........................................11

3 ADDITIONAL INFORMATION ...................................................................................................................................12
4 DATA PROTECTION CLAUSE..................................................................................................................................13
ANNEX 1 .......................................................................................................................................................................14

Malta Communications Authority
Valletta Water Front, Pinto Wharf,
Floriana FRN 1913, Malta, Europe.
Tel: (356) 21 336 840. Fax: (356) 21 336 846
website: www.mca.org.mt e-mail: info@mca.org.mt

V1.2014.06

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General Information on Commercial General Authorisations and Notification Form

In accordance with the provisions of the Electronic Communications (Regulations) Act (hereafter “Act”) and the Electronic Communications Networks and Services (General) Regulations (hereafter “Regulations"), a Commercial General Authorisation is required for the provision of electronic communications networks and, or services. The respective categories of Commercial General Authorisation include the establishment and operation of:

a. Public Communications Networks;
b. Publicly Available Telephone Services;
c. Television and Radio Distribution Services;
d. Other Publicly Available Electronic Communications Services;
e. Non-Public Electronic Communications Services;
f. Publicly Available Telephone Directories and Directory Enquiry Services;
g. Private Electronic Communications Networks and, or Private Electronic Communications services;

1.1

Notification Form by New Providers

Any undertaking who intends to provide any of the above services is required to notify the Malta Communications Authority by completing Form A found in Section 1 of this document in its entirety.

An undertaking who intends to submit a notification for a commercial general authorisation is encouraged to contact the Malta Communications Authority beforehand in order to facilitate the process and obtain guidance where appropriate.

1.2

Notification of Cessation, Updates or Changes by Existing Providers

Any undertaking providing electronic communications services/networks is also required to notify the Malta Communications Authority of any cessation, update, or change to the information supplied by completing FORM B in the case of cessation, and FORMC(i) and/or FORM C(ii) for updates or changes as specified in Section 2 of this document.

When a notified undertaking or person wishes to update or change the contents of the Notification Form, or opts to withdraw the commercial general authorisation, it is required to adhere to the conditions found in Section 2 of this document which is dedicated solely for these eventualities.

Section 2 also includes the procedure that is required when a change in the Memorandum and Articles of Association in relation to the shareholding or ownership of a notified undertaking takes place.

1.3

Important Notice on Additional Requirements

A commercial general authorisation does not automatically entitle any undertaking to, and does not exempt it from, the obligation to obtain and/or notify for and comply with, any permit, licence, right of use, or other general authorisation in respect of numbering resources, equipment, or radio spectrum, and/or other approval or authorisation however so described, that may be necessary at law to construct, operate and maintain the network and, or services.

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Where the notifying person is located overseas the notification must include an address for service of notice in Malta and the notifying person must, as a minimum, be registered as an overseas company in accordance with Maltese Law.

1.4

Method of Submitting any Notification

Original and duly filled-in notification forms must be submitted to the Authority in an envelope clearly marked “Notification for Commercial General Authorisation” by hand or registered mail addressed to:

The Chief of Operations
Malta Communications Authority
Valletta Waterfront
Pinto Wharf
Floriana FRN 1913
Malta

A Memorandum & Articles of Association of the company must also be submitted by all new Service Providers. This should also be submitted by existing Service Providers when notifying changes in relation to ownership or signatories.

These forms may be also completed electronically, by filling in the required fields, solely to facilitate processing and sent to authorisations@mca.org.mt. However formal notification will be recognized only when original and duly filled-in forms in physical format including wet signatures reach the Authority.

1.5

Register of Undertakings authorised to provide electronic communications networks/services

In accordance with Article 19 (3) of the Act, and Regulation 66 (3) of the Regulations, upon receipt by the Authority of a correctly completed Notification Form the undertaking concerned is: “...deemed to be authorised to provide an electronic communications network and, or service as indicated in the same notification, subject to the conditions of the General Authorisation established in the Ninth Schedule to the Regulations; ...”

The Authority shall update the Register of Authorised Undertakings within 5 working days of receipt of a correctly completed notification. In the event that the form is not completed correctly, the Authority shall inform the notifying party accordingly. Undertakings are responsible to ensure receipt of notification either directly with the Authority or by reference to the Register of Authorised Undertakings, available on the MCA‟s web-site.

1.6

Rights and Obligations attached to the Commercial General Authorisation

The Commercial General Authorisation for electronic communications networks and, or services is laid out in the Ninth Schedule to the Electronic Communications Networks and Services (General) Regulations.

Administrative charges are specified in the Eighth Schedule (Part A) to the Electronic Communications Networks and Services (General) Regulations and are charged by the Authority immediately upon notification in accordance with the Directive on the Modalities of Payment.

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FORM A(i): Notification Form by New Providers - Details

A.1 Details of the Notifying Undertaking

Name of undertaking which provides, or intends to provide, electronic communications networks and/or services:

Website:

Company registration number*:

Vat No.:

Only in case providers are incorporated outside Malta:

Country of domicile:

MFSC OC certificate No.:

Registered Address of notifying undertaking including post code:

E-mail:

Tel:

Fax:

Postal Address of for delivery of notices (if different from Registered Address):

E-mail:

Tel:

Fax:

A.2 Contact persons' details:

Primary contact person:

Name:

Designation:

E-mail:

Tel:

Mobile:

Technical contact person:

Name:

Designation:

E-mail:

Tel:

Mobile:

Finance contact person:

Name:

Designation:

E-mail:

Tel:

Mobile:

Legal contact person:

Name:

Designation:

E-mail:

Tel:

Mobile:

* if applicable

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FORM A(ii): Notification Form by New Providers - Network and/or Service Description

A.3 Network and/or Service Categories

Indicate one or more categories of networks and, or services to be provided from the following list ¹.

A.4 Description of Network and/or Service

The Notifying undertaking is required to fill in the fields found in Annex 1 under the applicable General Authorisation Category; and also provide a detailed description hereunder on the following points:

a. The service/s that are going to be provided;
b. The network/s to be operated, including high-level network maps;
c. Any radio spectrum/apparatus to be used in the network;
d. Any international connectivity infrastructure in the network;
e. Any other information deemed pertinent.

Description:

Note: Notifying undertakings should provide additional details in separate attachments.

A.5 Geographical coverage and scope

Please indicate the geographical coverage and scope of the network and/or service:

A.6 Estimated date of commencement of the relevant activity

¹Definitions of the Category of networks and services are laid out in the Electronic Communications (Regulations) Act and the Electronic Communications Networks and Services (General) Regulations.

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FORM A(iii): Notification Form by New Providers - Declaration

Declaration

On behalf of the notifying undertaking, we/I hereby declare that:

a) The information as provided in Form A(i) and Form A(ii) is accurate and complete in all respects; and

b) We/I have read and understood the contents of all the pages listed in this document; and

c) Shall at all times comply with lawful decisions and directives of the Malta Communications Authority and with the obligations at law; and

d) Shall be responsible to pay fees and provide operational and statistical information with effect from the date of notification and as may be lawfully requested and according to the timeframes established by the Authority; and

e) Shall at all times comply in every respect with the conditions attached to the applicable category or categories of the Commercial General Authorisations as specified in section 1.6; and

f) Shall faithfully inform the Malta Communications Authority of any future changes in accordance with section 2 of this notification.

Full Name of Signatory # 1:

Designation:

Signature:

(wet signature required)

ID Card (or passport) No.:

Date:

Full Name of Signatory # 2
(if applicable):

Designation:

Signature:

(wet signature required)

ID Card (or passport) No.:

Date:

Important Note: an original copy of the Memorandum & Articles of Association, together with a Certificate of Registration issued by the Malta Financial Services Authority (MFSA), is required to be submitted with this notification form.

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2. Notification of Updates, Changes or Cessation by Existing Providers

2.1 Updates and changes to the Notification Form

2.1.1 Updates and changes to details originally submitted in FORM A(i)

General

In accordance with regulation 66(4) of the Regulations, authorised undertakings or persons are required to notify the Authority of any changes to the information supplied in the Notification Form within fourteen days following such change in relation to the information supplied, as required under paragraphs (a) to (c) of regulation 66(2) of the Regulations, namely:

i) information relating to the name of the notifying persons concerned,
including in the case of a body corporate, the company registration number thereof;

ii) the names, addresses and contact details of relevant contact persons,
including the commercial, technical, legal and finance contact persons;\the business address of the person concerned and,

iii) in the case of a body corporate, where that address differs from the address of its registered office, the address of its registered office;

Change in Shareholding or Ownership

When a change in relation to the shareholding or ownership of a notified undertaking takes place, the undertaking is obliged to inform the MCA immediately. This shall only apply in the case when there is either:

i) a 30% or higher change in the shareholding of the ownership; or

ii) any change that results in a change of effective control of the undertaking.

Mergers

Mergers occur when two or more undertakings with different MFSA registration numbers are amalgamated, either by acquisition, or by the formation of a new company. In both cases a merger will be recognised only when the MFSA issues the new certificate of registration to the company as a result of the merger.

All the above requirements are without prejudice to any obligation to obtain prior clearance, or give prior notice, relating to the same changes under any other legal obligation or condition to other authorisation or right of use.

Note:

In the above cases the authorised undertaking or person is required to submit the FORM C(i) entitled “Update/changes to details of the notifying undertaking”. This shall automatically supersede the information submitted in FORM A(i) entitled “Notification Form by New Providers - Details” of the original notification. Where changes involve the name of an undertaking, shareholding/ownership, or mergers, the notices filed by the company for registration with the MFSA and the new certificate of registration must accompany FORM C(i). The updated Memorandum and Articles of Association should also be provided when these become available.

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2.1.2 Updates and changes to details originally submitted in FORM A(ii)

Authorised undertakings or persons are required to notify the Authority of any changes to the information supplied in the Notification Form within fourteen days prior to the commencement of the relevant activity in relation to information supplied as required under paragraphs (d) to (f) of regulation 66 (2) of the Regulations, namely:

i) any changes/additions in the description of the network or service provided;

ii) any changes in the estimated date of commencement of the activity;

iii) any changes in the geographical area to be covered by the network or service in question;

Note:

In this case the authorised undertaking or person is required to submit the FORM C(ii) entitled “Update/changes to network and/or services description”. This shall automatically supersede the information submitted in FORM A(ii) entitled “Network and/or Service Description” of the original notification.

2.2

Cessation of the Commercial General Authorisation

Undertakings or persons are required, in accordance with regulation 66(6) of the Regulations, to notify the Authority immediately when they cease to provide electronic communications networks, and, or services.

Note:

In this case the authorised undertaking or person is required to submit FORM B entitled “Cessation of Commercial General Authorisation”. This shall automatically render the original notification as withdrawn and void.

Important Notice:

Provided in the original Notification Form, or failure to notify the Authority of cessation, would result in the taking of regulatory measures which may include the imposition of fines.

Note:

Subject that all the prerequisites required as specified in this document are met, the Authority shall update the Register of Authorised Undertakings within 5 working days of receipt of the notification of changes, with such changes if applicable, or in the case of cessation, such as in the case of a Commercial General Authorisation category change.

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FORM B: Cessation of Commercial General Authorisation

I, the undersigned, as the authorised signatory of

hereby notify the Malta Communications Authority the cessation of the provision of:

This cessation of the category/s of commercial general authorisation/s in question shall commence up to a maximum of fourteen days from the date stipulated hereunder. I am aware that this cessation shall be without prejudice to any obligations, administrative fees, and/or any other dues, pertaining to the category or categories in question, up to the same date.

I am also aware that this cessation notice does not exempt the undertaking from any other obligations stipulated by any other permit, license, authorisation, body, authority or legislation in the case when such a cessation takes place.

Full Name of Authorised Signatory:

Signature:

(wet signature required)

ID Card (or passport) No.:

Date:

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FORM C(i): Update/changes to details of the notifying undertaking

C.1 Details of the Notifying Undertaking

Name of undertaking which provides, or intends to provide, electronic communications networks and/or services:

Website:

Company registration number*:

Vat No.:

Only in case providers are incorporated outside Malta:

Country of domicile:

MFSC OC certificate No.:

Registered Address of notifying undertaking including post code:

E-mail:

Tel:

Fax:

Postal Address of for delivery of notices (if different from Registered Address):

E-mail:

Tel:

Fax:

C.2 Contact persons' details:

Primary contact person:

Designation:

Name:

E-mail:

Tel:

Mobile:

Technical contact person:

Name:

Designation:

E-mail:

Tel:

Mobile:

Finance contact person:

Name:

Designation:

E-mail:

Tel:

Mobile:

Legal contact person:

Designation:

Name:

E-mail:

Tel:

Mobile:

* if applicable

Full Name of Authorised Signatory:

Signature:

(wet signature required)

Date:

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FORM C(ii): Update/changes to network and/or services description

Important note: This Form should be completed in its entirety (even if updates or changes are minimal).

Network and/or Service Description

C.3 Network and/or Service Categories

Indicate one or more categories of networks and, or services to be provided from the following list² .

C.4 Description of Network and/or Service

The Notifying undertaking is required to fill in the fields found in Annex 1 under the pertinent General Authorisation Category; and also provide a detailed description on the following points, if applicable, in the space provided below:

a. The service/s that are going to be provided;
b. The network/s to be operated, including high-level network maps;
c. Any radio spectrum/apparatus to be used in the network;
d. Any international connectivity infrastructure in the network;
e. Any other information deemed pertinent.

Update/changes description:

Note: Notifying undertakings should provide additional details in separate attachments.

C.5 Geographical coverage and scope

Please indicate the geographical coverage and scope of the network and/or service:

C.6 Estimated date of commencement of the relevant activity

Full Name of Authorised Signatory:

Signature:

(wet signature required)

Date:

²Definitions of the Category of networks and services are laid out in the Electronic Communications (Regulations) Act and the Electronic Communications Networks and Services (General) Regulations.

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3. Additional Information

The Malta Communications Authority is established by virtue of the Malta Communications Authority Act, and is the National Regulatory Authority responsible, amongst other functions related to the field of communications, for carrying out the functions laid out in the Electronic Communications (Regulation) Act in line with the European Framework on electronic communications.

While notifying persons should seek independent legal advice prior to submitting a notification, the Authority makes every effort to maintain updated information on the regulatory framework available on its website. A non-exhaustive list of information available on the Authority‟s website, which may be relevant to notifying undertakings, is provided below and can be downloaded from the MCA‟s website:

- Directive on the Modalities of Payment;

- Malta Institute of Accountants Technical Release: Engagements to report on actual revenues generated by undertakings regulated by the Malta Communications Authority;

- Quarterly Statistical Data Collection Guidelines;

- Guidelines on Confidentiality;

- National Numbering Conventions;

- Guidelines on handling of inter-operator complaints, disputes and own initiative investigations;

- Guidelines for MVNOs, ESPs, SPs and MVNEs;

- Information Regarding Licensing of Satellite Earth Stations and Satellite Uplink Services;

- General Authorisations (Radiocommunications Apparatus) Regulations (S.L.399.40);

- National Frequency Plan.

Malta Communications Authority website: http://www.mca.org.mt

Laws of Malta website: http://justiceservices.gov.mt/LOM.aspx?pageid=27&mode=chrono

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4. Data Protection Clause

In terms of the Data Protection Act (Chapter 440 of the Laws of Malta), the Malta Communications Authority (hereafter „the Authority‟) will process any personal data supplied on this application/notification form or subsequently supplied by yourself, whether orally or in writing, for all or any of the following:

a. the proper processing of your application/notification form as submitted;

b. preventing, detecting and/or prosecuting fraud, any administrative non-compliance, and any other non-compliant or criminal activity or omission which the Authority is bound to report and/or act upon whilst meeting any other legal or regulatory obligations;

c. establishing, exercising or defending any legal action;

d. internal management, research and statistics, systems administration, the development and improvement of the Authority‟s services;

e. the proper conduct of our obligations arising under any law or statutory instrument and the protection and promotion of our legitimate interests ; and

f. to make public the necessary information as specified in the relevant law and/or instrument.

Relevant data will be disclosed or shared as appropriate with all our employees and with other third parties if pertinent to any of the purposes listed above.

By signing this form, you confirm that you are giving your explicit consent, in terms of the Data Protection Act, on behalf of yourself and all the other persons specified in this form, for the Authority to process your respective personal information as outlined above and you confirm that you have brought this Data Protection notice to the attention of these other persons and obtained their respective consents.

The Authority undertakes to implement appropriate measures and safeguards for the purpose of protecting the confidentiality, integrity and availability of all data processed.

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ANNEX1

Information to be included as part of Section A.4 found in FORM A(ii) and Section C.4 found in FORM C(ii) depending on Category

Connectivity to end-users over physical networks:

Others: (specify)

Connectivity to end-users over radio networks:

Others: (specify)

Core Networks:

Others: (specify)

Other

Others: (specify)

National calls
(all fields compulsory)

International calls

Emergency Services
(Compulsory field)

Additional Facilities
(all fields compulsory)

Interconnection with all other local PATS operators

Numbering resources
(compulsory field)

Service provided

Others: (specify)

TV/Radio broadcasts

Service provided

Others: (specify)

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ANNEX1..... Continue

Telephone Directory &
Directory Enquiry Serv.
(all fields compulsory)

¹Data obtained directly or indirctory from undertaings which assigns telephone numbers to subscribers

Internet Service Provision

General Satellite Services

Other Mobile Satellite Services: (specify)

Other Satellite Services: (specify)

Others

Other Electronic Comm. Services: (specify)

Non-public services

Any of the services listed above: (specify which)

Flight and, or Vessel
communication services

MCV = Mobile Communications on board Vessels
MCA = Mobile Communications on board Aircraft

²Publicly Available Electronic Comm. Services
³Private Electronic Communications Network and/or Services

⁴If confined to land owned, leased or otherwise lawfully possessed, a notification is not required

Private network/services
(all fields compulsory)

(if yes specify)

IMPORTANT NOTICE

A commercial general authorisation does not automatically entitle any undertaking, to, and does not exempt it from the obligation to obtain and/or notify for and comply with, any permit, licence, right of use, or other general authorisation in respect of numbering resources, equipment, or radio spectrum, and/or other approval or authorisation however so described, that may be necessary at law to construct, operate and maintain the network and, or services.

Where the notifying person is located overseas the notification must include an address for service of notice in Malta and the notifying person must, as a minimum, be registered as an overseas company in accordance with Maltese Law.

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