MODALITIES OF PAYMENT OF COMMUNICATIONS FEES [ S.L.399.36 1 SUBSIDIARY LEGISLATION 399.36 MODALITIES OF PAYMENT OF COMMUNICATIONS FEES REGULATIONS 17th November, 2000 LEGAL NOTICE 236 of 2000, as amended by Legal Notice 475 of
- The title of these regulations is Modalities of Payment of Communications Fees Regulations. Title. Amended by: L.N. 475 of
- 1A. For the purposes of these regulations and unless the context otherwise requires - Interpretation. Added by: L.N. 475 of
- "the Authority" means the Malta Communications Authority established under the Malta Communications Authority Act; Cap.
- "fee" shall be construed as including any reference to any charge howsoever described "the Minister" means the Minister responsible for communications and includes any public officer or government department or agency howsoever described who is authorised by the Minister to act for or on his behalf. 2.
(1)When in any regulations made under the Fees Ordinance, the Electronic Communications (Regulation) Act, or the Postal Services Act, as the case may be, a fee is established in respect of any authorisation, licence howsoever described or of the provision of any service related to radiocommunications or to postal services, and such fee is established as being in part a fixed sum and in part a percentage of gross revenues or of any other sum n o t b e i n g c a p a b l e o f d e t e r m i n a t i o n a t t h e t i m e o f is s u e o r commencement of the authorisation or licence or prior to the provision of a service as aforementioned (
- a)the said fixed sum shall be payable immediately upon the issue, commencement or renewal of the authorisation or licence or prior to the provision of any service as mentioned above; and (
- b)the part of the fee being a percentage of gross revenues or of any other sum not being capable of determination at the time of issue or commencement of the authorisation or licence or prior to the provision of a service as mentioned above shall be payable (
- i)in respect of an authorisation or licence about which any fee as aforesaid is payable annually, not later than ninety days after each anniversary of the authorisation or licence; (
- ii)in respect of an authorisation or licence about which a fee is payable at intervals other than annually, not later than sixty days after each period in respect of which the fee is due; (iii) in respect of the provision of any service Modalities of payment of communications fees. Amended by: L.N. 475 of 2004. Cap. 35. Cap. 399. Cap. 254. 2 [ S.L.399.36 MODALITIES OF PAYMENT OF COMMUNICATIONS FEES whether included in any authorisation or licence as aforesaid or not, in the manner established in paragraphs (
- i)and (
- ii)above: Cap. 35. Cap. 399. Cap. 254. Provided that the Authority may issue directives to any person, specifying alternative modalities of payment, notwithstanding any other provision of these regulations applicable to specific fees, howsoever described, made under the Fees Ordinance or the Electronic Communications (Regulation) Act or the Postal Services Act.
(2)If the person authorised or the licensee or the person receiving a service fails to pay any sum due as stipulated in this regulation then interest at the rate of eight per cent per annum shall accrue from the date that any such sum falls due. Verification. Amended by: L.N. 475 of 2004. 3. Payment of fees according to regulation 2
(1)(b)(i), (ii) or (iii) shall not necessarily be interpreted to mean that the amount paid is correct. The Minister or the Authority, as the case may be, may require to inspect the books of accounts of the person authorised or of the licensee or of the person receiving any service as aforesaid in the manner provided for in regulation 4 so as to verify that the said amount is correct. If the Minister or the Authority, as the case may be, finds that after verification an additional amount is owed, then the Minister or the Authority, as the case may be, shall notify the person authorised or the licensee or the person receiving any service as aforesaid in writing and such amount shall be payable within thirty days from the receipt of the said notice by the person authorised or the licensee or the person receiving any service as aforesaid. Interest at the rate of eight per cent per annum shall be charged on the additional amount from the date that it was originally due. Books and records. Amended by: L.N. 475 of 2004. 4.
(1)Throughout the term of any authorisation or licence or of the provision of a service as mentioned in regulation 2, the person authorised or the licensee or the person receiving any service as aforesaid shall maintain in accordance with standard accounting practice complete and accurate books of accounts and records of its business, ownership and operations.
(2)The person authorised or the licensee or the person receiving any service as aforesaid shall allow the Minister or the Authority, as the case may be, to review its books and records during normal business hours and on a non-disruptive basis as is reasonably necessary to monitor compliance with these regulations. The Minister or the Authority, as the case may be, shall treat any information disclosed to it in accordance with this regulation on a confidential basis and may only disclose such information to employees, representatives, attorneys or agents of the Minister or the Authority that have a need to know or in order to enforce the provisions of these regulations or for any purpose related therewith.