The role and powers of the telecommunications regulator under Act XXXIII of 1997

Abstract

The purpose of this thesis is to examine and conduct a comparative analysis of the functions of the Telecommunications Regulator under the Telecommunications (Regulation) Act 1997. The author examines the institutional character of the Regulator and stresses the importance of the role he performs in the telecommunications sector. This examination is carried out in a perspective of the Maltese telecommunications sector, which is in a transitional phase towards full liberalisation. This thesis is divided into eight parts. In chapter 1 the author renders an account of the historical development of telecommunications regulation in Malta. The author also lays down the current regulatory framework under the 1997 Act wherein a basic distinction was introduced between the regulator and the operator. Chapter 2 examines the institutional character of the Maltese Regulator and sets recommendations on how the independence of the Regulator from the operators and the executive can be better safeguarded. Chapter 3 sets a general overview of all the functions of the Regulator. In the next four chapters, the author deals with the four most important powers of the Regulator. In fact, Chapter 4 elaborates on the licensing or authorisation regime, whereas Chapter 5 examines the extensive powers vested in the Regulator in connection to the universal service obligation. In the next chapter, the author explains the regulatory intervention in the negotiation and finalisation of network interconnection agreements. Chapter 7 illustrates the powers and obligations the Regulator possesses in order to ensure the protection of subscribers' interests. In the final chapter, the author discusses the application of administrative law principles to the institution of the Regulator and the appeal procedures laid down by the 1997 Act ensuring redress from a decision of the Regulator. Throughout the thesis, the author makes special reference tomatters which, in his opinion, could be improved by a legislative amendment. He indicates areas that require the introduction of new provisions in order to equip the Regulator with adequate powers to oversee a liberalised telecommunications market. The area of law chosen by the author, that is, Telecommunications Law, is undoubtedly a new area· of law that is evolving and maturing rapidly. Its successful evolution requires the development of a regulatory framework, underpinned by solid, consistent and effective legal principles.