Highlights and Activities for Weeks 27 & 28

International Activities

1. Expert Group on eCommerce:  MCA’s eCommerce specialist attended the Expert Group on eCommerce which discussed recent policy developments at Community and Member State level regarding eCommerce. In particular, the following issues were presented:

• Commission’s Communication on eCommerce and other online services – state of play
• ‘Notice and Action’ procedures – report on progress of initiative
• Administrative cooperation and IMI 
• Domain names – issues related to the criteria for allocation of TLDs
• eBook – state of play and future developments
• Revision of the Data Protection Framework – state of play

2. Council Working Party (CWP):   The Authority attended two CWPs on behalf of the Ministry for Infrastructure, Transport and Communications (MITC).   During these meetings, discussions were held on a new Regulation revising the framework for European satellite navigation systems, and a proposal for a Regulation about the funding of trans-European telecommunications networks.
    
3. Fixed Termination Rates and Mobile Termination Rates European Working Group (FTR MTR EWG) Meeting:  The BEREC MTR/FTR working group met on the 6th of July 2012 in Brussels. Amongst other things the Working Group discussed the status of each NRA in conjunction with the implementation of the European Commission (EC) Recommendation on the regulation of termination rates.  The group also discussed the impact of the change in costing methodology advocated in the Recommendation when calculating fixed and mobile termination on other regulated and unregulated voice services.
    
4. Radio Spectrum Committee (RSC) Meeting:  The 40th meeting of the RSC was held on the 5th of July 2012.  During this meeting the following agenda items of key relevance to Malta were discussed:

• A stable text of a draft EC decision on the paired terrestrial 2 GHz band was agreed to.  This decision will designate the paired sub bands for systems capable of providing electronic communications services with the main target being the use of this spectrum for end-user access to broadband services.
• The EC presented a paper detailing the elements that it considered important to establish a useful inventory of spectrum use as required under the Radio Spectrum Policy Programme (RSPP).  The EC also issued a mandate to CEPT to extend EFIS to information on rights of use for all uses of spectrum between 400MHz and 6GHz in order to enable the EFIS to be integrated in the inventory.
• The EC presented a guidance document outlining the procedural and material considerations for the application of derogations to the deadline of 1st January 2013 for the authorisation of the use of the 800MHz band for electronic communications services other than broadcasting.
• On the 6th of July a Workshop on ‘Inventory and review of spectrum use: Assessment of the EU potential for improving spectrum efficiency’ was organised by the EC.  During this workshop a presentation was given of the results of the Study on how spectrum is being used today and what indicators could be used to assess its efficient use.

5. Join-the-Dots closing conference:  MCA’s participated in the ‘Join the Dots’ closing event, which was held in Sheffield.  This event is a UK Structural Funds project aimed at attracting more adults from the South Yorkshire region to start using ICTs.  MCA’s expert ON Information Society gave a presentation on Malta’s efforts to achieve an inclusive digital society.(see www.makingITpersonal.eu).

1. Decision on an Interim review of wholesale mobile termination rate: On the 28th of June 2012, the MCA published a decision entitled ‘Interim review of wholesale mobile termination rate’.  This document established an interim mobile termination rate calculated on a benchmark methodology based on the rates resulting from a pure ‘long run incremental cost ‘LRIC’ models.
   
   This document established an interim mobile termination rate based on the rates established by those EU countries who have already adopted the pure ‘long run incremental cost ‘LRIC’ models compliant with the EC recommendation.
   This interim rate is established at €2.07 cents and is applicable to all operators having been designated with an SMP status in the provision of the mobile termination services market.  This rate, which came into effect as from the 1st July 2012, shall remain in force until it is replaced by the termination rate emanating from the MCA’s Bottom-Up ‘LRIC’ model.  (see http://www.mca.org.mt/article/interim-review-wholesale-mobile-termination-rate-response-consultation-decision-june-2012)

2. Review of GO plc’s application for funding of the net cost claimed to have been incurred to provide universal service obligations during 2010: The MCA has published a tender on Review of GO plc’s application for funding of the net cost claimed to have been incurred to provide universal service obligations during 2010. The scope of this tender is for the selected contractor to assist the MCA in assessing the funding application submitted by GO plc and to analyse whether the evidence provided by the company is sufficient and detailed enough to support it. This evidence is required to include a consideration of the net costs taking into account any market benefit accrued to GO plc as a result of the universal service provider.  The tender closing date is the 21st of August 2012.  (see http://www.mca.org.mt/tender/review-go-plc%E2%80%99s-application-funding-net-cost-claimed-have-been-incurred-provide-universal)
    
3. Issue of Directive No. 1 of 2012 on the Obligation relating to the administration of the Unified Legal Interception System:  The MCA has issued Directive No. 1 of 2012 on the Obligation relating to the administration of the Unified Legal Interception System. The issue of this Directive is subsequent to the approval by Government of the funding methodology of the Legal Interception System. The new funding methodology will relate to the periods commencing from 1st January 2012. (see http://www.mca.org.mt/consultation/issue-directive-number-1-2012-obligation-related-administration-unified-legal)

1. Participation in the Parliamentary debate with Social Affairs Committee regarding Electro Magnetic Frequencies (EMF):  On Tuesday 3rd of July, the MCA attended a second sitting of the Social Affairs Parliamentary Committee on the subject of Electromagnetic Frequency Emissions from mobile base stations.  The Committee heard the three mobile telephony network operators, the Health Department, the Health and Safety Authority, the Malta Environment and Planning Authority as well as the MCA.   During the sitting it was confirmed that the guideline currently established under Maltese law, and which sets the limits for such emissions, has sufficient safeguards, in line with current scientific evidence, to protect against any negative health effects that could arise from such emissions.  Furthermore, it was confirmed by the Authority that it monitors such emissions and has invariably found these to be well below the allowable limit.  No further hearings on the subject were scheduled.
    
2. Participation in a radio programme during which the networked society strategy was discussed:  On the 4th of July 2012 MCA participated in RTK’s new radio programme ‘ICT Magazine’ presented by David Degabriele. During the programme the digital divide and its impact on society where discussed.  Listeners where encouraged to call and participate in the programme by sharing their ICT experiences and its effect on daily life.

1. Contestation of MCA’s decision against Melita regarding recent changes to its subscribers' bill delivery method:  The first sitting before the Administrative review Tribunal was held on the 6th of July 2012.  This case related to Melita’s recent changes to its subscribers' bill delivery method whereby Melita is contesting MCA’s decision to impose a fine on Melita for alleged non-compliance with MCA’s decision titled Modifications to the Terms and Conditions of subscriber contracts’.  As from 1st June 2012 new appeals will be heard and determined by the Administrative Review Tribunal in lieu of the [former] Communications Appeals Board.
    
2. Continuation of case before First Hall [Courts] regarding a case by Victor Gatt et vs AG et:  In this sitting, which was held on the 9th of July 2012, MCA has been summoned by the Housing Authority as a co-defendant.  Case was adjourned so that defendants can submit their evidence.