1 Electronic Communications Regulation: The Operators Perspective 5 th March 2013

22 Layout Who are Melita, GO and Vodafone? Electronic Communications Regulation The EU Regulatory Framework Local Framework The Operators perspective

33 Who is Melita? Quad-play operator, started operations in 1992, currently offering: IP based digital cable TV; broadband internet; fixed–line telephony; mobile voice and data services.

44 Who is GO ? Quad-play operator offering a wide range of services: fixed line telephony; mobile telephony; broadband Internet services; digital and IP TV; data networking solutions; business IP services; managed and co-location facilities.

55 Who is Vodafone? Forms part of Vodafone Group and has been operating since 1989 Services offered by Vodafone:- Mobile telephony Fixed telephony Broadband (Wi-Max) IP Bandwidth Mobile Advertising

6 Electronic Communications Regulation Resource Allocation (Spectrum Management, Numbering) Market Access (General Authorisation, Interconnection) Market Operation (Market Reviews, Inter- Operator Disputes, End-User Rights) Draft Decision Consultation Final Decision

77 The EU Regulatory Framework Maltas accession to the EU implied the adoption of the acquis communautaire From monopolies to market liberalisation A highly regulated sector The regulatory framework was amended in 2009 and transposed into Maltese law in 2011

88 The EU Regulatory Framework The Framework Directive The Authorisation Directive The Access Directive The Universal Service Directive The Privacy and Electronic Communications Directive

99 Regulatory Framework in Malta Malta Communications Authority Act (Cap 418) Electronic Communications (Regulation) Act (Cap 399) Subsidiary Legislation MCA Directives, Decisions, etc. Electronic Commerce Act (Cap 426) Data Protection Act (Cap 440) & S.L Broadcasting Act (Cap 350) & S.L Competition Act (Cap 379) Consumer Affairs Act (Cap 378) Others

10 The Regulatory Authorities

11 The Positives Fostered market growth; Enabled new entrants to access traditionally monopolistic markets; Ultimate objective of regulation is to increase competition in electronic communications markets; Enables involvement of operators in the decision making process through the consultation procedures; The MCA operates in a transparent manner; Regulation is always evolving; Malta is no longer isolated, but part of a larger Internal Market; Markets are reviewed periodically.

12 The Negatives High regulatory fees: burden on the industry; Regulation can be complex and multi-tiered; Regulation can be rigid and detached; In practice, intended objective of increased competition may not always be achieved; Number of consultations can be too onerous on the operators; Demanding regulatory obligations; Overlapping competences – MCA/MCCAA/IDPC; Lengthy procedures at times.

13 The Operators Perspective NRAs should: Avoid unnecessary regulation; Target regulation to reach optimal economic outcomes; Understand the operators point of view (co-operate more actively to ensure compliance); Find a balance between the common good and the industrys economic interests; Remember that their outcomes affect investment decisions; Adopt policies applicable to each and every specific country.

14 Thank You Dr. Theresienne Mifsud Head of Legal and Regulatory Affairs Dr. Stephanie Zarb Legal Counsel Melita p.l.c. Mriehel By-Pass Mriehel, BKR 3000 Malta Ms Marisa Azzopardi Regulatory Analyst GO p.l.c. Fra Diegu Street Marsa, MRS 1501 Malta Dr. Melanie Borg Senior Legal Counsel Vodafone Malta Ltd Skyparks BusinessCentre Malta International Airport Luqa, Malta