New rules for electronic communications service providers

The Malta Communications Authority has published a Decision Notice, which will become effective on the 1st of September 2023

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The Malta Communications Authority (MCA) has published a Decision Notice, which will become effective on the 1st of September 2023.

The Notice includes a set of rules to be followed by electronic communications service providers with the aim of strengthening end-user protection for telephony, internet and tv distribution services.

This new Decision Notice updates and consolidates previous MCA decisions from 2011 and 2012, taking into account new developments and emerging issues in the telecommunications market.

The rules contained in the Decision Notice address various subjects, including:

  • Measures to be adhered to by providers when they decide to change any of the contractual conditions of their end-users;
  • Requirements on additional information to be included in contracts with end-users;
  • Requirements to be followed by providers when concluding contracts with end-users;
  • Transparency measures relating to the publication of information on services offered;
  • Measures on the applicability of early termination fees;
  • Measures on the refund of any unutilised advance payment or refundable deposit upon termination of a subscription or change of tariff plan;
  • Proposals on the provision of facilities that would ensure continued access of e-mails upon termination of an internet access service; and
  • Measures to be followed to by providers in cases where end-users fail to pay their bills.

The Decision Notice also provides guidance to stakeholders on the correct application of several end-user right requirements outlined in the laws administered by the MCA.

MCA CEO Jesmond Bugeja said that the new rules provide a fair and modern set of guidelines that will ultimately benefit both end-users and the market.

He is confident that all stakeholders, particularly providers, will support this initiative and make every effort to implement the measures outlined in the Decision Notice.

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