L.S. 399.44 Regolamenti dwar l-Awtorizzazzjoni ta’ Użu ta’ Frekwenzi (Għoti ta’ Servizzi Satellitari Mobbli ta’ 2 GHz)

(1)Any reference in these regulations to "the Act" is a reference to the Electronic Communications (Regulation) Act, and subject to the provisions of sub-regulation

(2), the provisions of article 2 of the Act shall apply to these regulations. Definitions. Amended by: L.N. 139 of 2017. Cap. 399.

(2)3; In these regulations, unless the context otherwise requires: "authorisation" means an authorisation granted under regulation "the Authority" means the Malta Communications Authority; "the Commission Decision" means Decision 2009/449/EC of the Commission on the selection of operators of pan-European systems providing mobile satellite services (MSS); "complementary ground components" shall mean ground-based stations used at fixed locations, in order to improve the availability of mobile satellite services in geographical areas within the footprint of the system’s satellite(s), where communications with one or more space stations cannot be ensured with the required quality; "ECC Report 233" means the Report published by the Electronic Communications Committee on its website, entitled "Adjacent band compatibility studies for aeronautical CGC systems operating in the bands 1980-2010 MHz and 2170-2200 MHz"; "the EU Decision" means Decision 626/2008/EC of the European Parliament and of the Council on the selection and authorisation of systems providing mobile satellite services (MSS); "hybrid mobile satellite services" means services provided by a combination of one or more complementary ground components in conjunction with one or more space stations;"; "mobile satellite services" means radio communication services provided by an electronic communications network and associated facilities capable of providing radio communication services between a mobile earth station in Malta and one or more space stations, or between mobile earth stations in Malta by means of one or more space stations; "selected applicants" means Inmarsat Ventures SE, a company 2 [ S.L.399.44 AUTHORISATION OF FREQUENCY USE (PROVISION OF 2GHz MOBILE SATELLITE SERVICES) incorporated in Luxembourg with number B232365, and EchoStar Mobile Limited (previously known as Solaris Mobile Limited) a company incorporated in the Republic of Ireland with number 426976, which are identified as the eligible applicants under Article 2 of the Commission Decision. Granting of authorisations to the selected applicants. Amended by: L.N. 139 of 2017; L.N. 155 of 2020. 3.

(1)The Authority shall grant an authorisation under these regulations to each of the selected applicants for use in Malta of the frequencies specified for that selected applicant in Article 3 of the Commission Decision for the provision of services by one or more space stations subject to the conditions set out in these regulations: Provided that the grant for the provision of services by one or more space stations shall become effective on the date of its publication in the official website of the Authority: Provided further that in issuing any such authorisation the Authority may provide for any objectively justified, nondiscriminatory, proportionate and transparent conditions as it may consider necessary in the circumstances and as are in accordance with the EU Decision and the Commission Decision: Provided further that any such authorisations shall be valid for a period of eighteen years commencing from the 13th May 2009.

(2)For the purposes of sub-regulation

(1), the frequencies specified in Article 3 of the Commission Decision are the following: (

1. a)Inmarsat Ventures SE, from 1980 to 1995 MHz for earth to space communications, and from 2170 to 2185MHz for space to earth communications; and (
2. b)EchoStar Mobile Limited, from 1995 to 2010 MHz for earth to space communications, and from 2185 to 2200 MHz for space to earth communications.

(3)S.L. 399.28 The grant of authorisations under these regulations: (

1. a)shall, where the selected applicants intend to provide electronic communications services in Malta, not exempt the said applicants from the obligation to diligently obtain at their own expense any permit, licence or other approval or authorisation however so described, that may be necessary to construct, operate and maintain the services or any part thereof, or from the obligation of complying with any condition of any such permit, licence or other approval or authorisation, as required under the Act, the Electronic Communications Networks and Services (General) Regulations, all national laws and regulations, decisions of the Authority, and applicable European Union Law; (
2. b)shall be subject to the payment by the selected applicants to the Authority of the fees provided for in Schedule I: AUTHORISATION OF FREQUENCY USE (PROVISION OF 2GHz MOBILE SATELLITE SERVICES) [ S.L.399.44 3 Provided that the payment of such fees shall be without prejudice to any other fees as may be due with regard to the provision of electronic communications services or networks. 4.

(1)The Authority shall ensure that the authorisations for the provision of services by one or more space stations are subject to the comm on conditions specified in Article 7

(2)of the EU Decision, namely (a) the selected applicants shall use the frequencies which those applicants are authorised to use pursuant to regulation 3

(1)for the provision of mobile satellite services; Conditions of an authorisation for the provision of services by one or more space stations. Amended by: L.N. 139 of 2017. (

1. b)each selected applicant shall meet the milestones 6 to 9 set out in the Annex to the EU Decision within the specified timeframes referred to therein; (
2. c)each selected applicant shall honour all commitments given by that applicant in its application or during the comparative selection procedure referred to in Articles 4 and 6 of the EU Decision respectively; (
3. d)each selected applicant shall provide the Authority with an annual report detailing the status of development of their proposed mobile satellite system.

(2)An authorisation shall not be transferable. 5.

(1)The Authority shall monitor compliance by the selected applicants of the conditions of their authorisation.

(2)The powers of the Authority under the Act and under the Malta Communications Authority Act, in so far as they relate to enforcement and to information requirements, shall apply where the Authority needs to take action to ensure that the selected applicants comply with their obligations under these regulations and under the authorisations granted to them.

(3)Monitoring, reporting and information requirements. Cap. 418. Where (

1. a)there has been an infringement by a selected applicant of one or more of the conditions specified in their authorisation; or (
2. b)the Authority has taken action under these regulations against a selected applicant in respect of such an infringement, the Authority shall provide the European Commission with information about the infringement or action within such timeframes as the European Commission may establish. 6.

(1)The Authority shall grant an authorisation under these regulations to the selected applicants that request the Authority an additional authorisation for the right of use of radio spectrum for the provision of complementary ground components of mobile s a t e l l i t e sy s t e m s su b j e c t t o t h e co n d i t i o n s s e t o u t i n t h e s e regulations: Provided that in issuing any such authorisation the Authority Complementary ground components. Substituted by: L.N. 139 of 2017. Cap. 418. 4 [ S.L.399.44 AUTHORISATION OF FREQUENCY USE (PROVISION OF 2GHz MOBILE SATELLITE SERVICES) may provide for any objectively justified, non-discriminatory, proportionate and transparent conditions as it may consider necessary in the circumstances and as are in accordance with the EU Decision.

(2)The Authority shall ensure that the authorisations for complementary ground components of mobile satellite systems are subject to the common conditions specified in Article 8

(3)of the EU Decision, namely: (a) the selected operators shall use the assigned radio spectrum for the provision of complementary ground components of mobile satellite systems pursuant to regulation 3

(1); (

1. b)complementary ground components shall constitute an integral part of a mobile satellite system and shall be controlled by the satellite resource and network management mechanism; they shall use the same direction of transmission and the same portions of frequency bands as the associated satellite components and shall not increase the spectrum requirement of the associated mobile satellite system; (
2. c)independent operation of complementary ground components in case of failure of the satellite component of the associated mobile satellite system shall not exceed eighteen months; (
3. d)rights of use and authorisations shall be granted for a period of time ending no later than the expiry of the authorisation of the associated mobile satellite system.

(3)Without prejudice to the common conditions specified in the EU Decision, the services to be provided by the selected operators shall be hybrid mobile satellite services.

(4)The selected operators enjoying an authorisation granted by the Authority shall ensure that in operating their complementary ground components no harmful interference is caused to other systems operating in other adjacent frequency bands, in particular the bands 1980-2010 MHz and 2170-2200 MHz: Provided that the selected operators enjoying an authorisation for the provision of aeronautical only hybrid mobile satellite services shall implement those mitigation measures identified in ECC Report 233 in order to ensure coexistence with other systems operating in adjacent frequency bands: Provided further that the Authority has the right to impose additional restrictions in the authorisation granted pursuant to regulation 5

(1)to address coexistence issues with other systems operating in adjacent frequency bands.

(5)The selected operators enjoying an authorisation for the provision of aeronautical only hybrid mobile satellite services shall AUTHORISATION OF FREQUENCY USE (PROVISION OF 2GHz MOBILE SATELLITE SERVICES) [ S.L.399.44 implement complementary ground components compliant with ECC Report 233: Provided that the Authority may consider requests submitted in writing by the selected operators for the implementation of complementary ground components having technical parameters least restrictive than those established in ECC Report 233. The Authority shall base its considerations on the results of adjacent band compatibility studies which are to be made available by concerned selected operators. 5 [ S.L.399.44 6 SCHEDULE I Substituted by: L.N. 139 of 2017. 1. Regulation 3

(3)Fees payable for radio spectrum used by one or more space stations for the provision of mobile satellite services a. b. 2. AUTHORISATION OF FREQUENCY USE (PROVISION OF 2GHz MOBILE SATELLITE SERVICES) One time administrative fee payable within one month from the date of publication of an authorisation in accordance with regulation 3

(1)................................................................. €2,000 Annual fee to be paid on or before the anniversary of the authorisation .................................................................... €1,000 Fees payable for radio spectrum used by complementary ground components for the provision of hybrid mobile satellite services: a. b. Annual usage fees for radio spectrum for each paired 5 MHz channel to be paid on or before the anniversary of an authorisation for the provision of service-neutral hybrid mobile satellite services: i. for the first five years of an authorisation which term shall commence on the commencement date defined in the authorisation ......................................................... €33,000 ii. for the remaining duration of an authorisation ........................................................................ €98,000; or Annual usage fees for radio spectrum for the provision of aeronautical only hybrid mobile satellite services ............. 13,000