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dc.description.abstractThe thesis will critically reflect upon Chapter 81 of the Laws of Malta, the Utilities and Services (Regulation of certain works) act which regulates the infrastructures of utilities and services in Malta and Directive 2014/61 EU on measures to reduce the cost of deploying high-speed electronic communications networks. The thesis will analyse the rights and obligations of utilities and service providers when laying out their infrastructure. Focussing primarily on the electronic communications and energy sectors, the thesis will analyse the legal position resulting when a utility or service provider wishes to pass its infrastructure through third party property (Rights of Way).Closely related to the above is the Right of Co-Location, where in order to avoid the duplication of costly works and damage to public and private property which is necessitated by the laying of a physical infrastructure, the owner of an incumbent infrastructure may be obliged by law and through remedies imposed by a regulator or other public body, to share its facilities, such as ducts, conduits, manholes and cabinets with other entities wishing to pass their own infrastructure. A clear example of this is found in the electronic communications regulatory framework. The thesis will analyse how these obligations are being imposed in Malta and other countries and whether there is scope of rendering such obligations more effective and, where absent, imposing them. In doing so, the thesis will consider practical issues, such as where the incumbent service provider attempts to avoid the effect of such obligations by entering into agreements with the land owner, in cases of gated communities, to disallow the entry of other infrastructure over the land. Another aspect examined is the imposition of adequate access, interconnection and interoperability obligations over network providers and infrastructure owners, which serve to reduce the need of duplication of infrastructure. Taking the electronic communications regulatory framework as a model, the imposition of a certain degree of access and interconnection obligations has today achieved a harmonised position throughout the European Member States. The thesis suggests further obligations and remedies apart from those found in the regulatory framework which may be applied particularly in light of NGA roll out.en_GB
dc.subjectRight of wayen_GB
dc.subjectPublic utilities -- Government policy -- Maltaen_GB
dc.subjectTelecommunication -- Maltaen_GB
dc.titleRegulating the laying of infrastructure in the utilities and services sectors : a comparative analysis of the rights and obligations of utilities, network and service providersen_GB
dc.rights.holderThe copyright of this work belongs to the author(s)/publisher. The rights of this work are as defined by the appropriate Copyright Legislation or as modified by any successive legislation. Users may access this work and can make use of the information contained in accordance with the Copyright Legislation provided that the author must be properly acknowledged. Further distribution or reproduction in any format is prohibited without the prior permission of the copyright holder.en_GB
dc.publisher.institutionUniversity of Maltaen_GB
dc.publisher.departmentFaculty of Laws. Department of Media, Communications & Technology Lawen_GB
dc.contributor.creatorVella, Nicholas
Appears in Collections:Dissertations - FacLaw - 2015
Dissertations - FacLawMCT - 2015

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