Moreover, as MCA chief technical officer Ing. Colin Camilleri told a press conference on Wednesday, the new regulatory framework on electronic communications services adopted by the European Union (EU) in July of last year has made this regulation even more important.
The new EU regulatory framework is based on the type of service being offered rather than the technology used to convey it, he said.
The main objective of this consultation paper is to address issues such as service definition and classification, quality of service, pricing, reliability, availability, numbering and billing as well as determining service providers’ responsibilities and obligations.
There are also the revised administrative charges that service providers will have to pay under the new regime.
The new regulatory framework proposes that VoIP services be divided into two: Public Access Telephone Services (PATS), are those which are publicly available, able to make and receive both national and international calls, use a national or international numbering plan, and are able to access emergency services. All other VoIP services will fall under the general umbrella of Electronic Communications Services (ECS). Under the proposed legislation, PATS providers will have more obligations and more rights than ECS providers.
Obligations of PATS and publicly available ECS providers
Notification
All providers are required to notify the MCA under the general authorisation procedures laid out in the recently proposed Electronic Communications Networks and Services (General) Regulations, 2004.
Universal Service Obligations (USOs)
It will be possible for the MCA to oblige all providers of ECS to contribute to funding USOs (currently being borne by Maltacom), if this is deemed necessary.
The funding mechanism, if any, would be implemented following consultation and would take place in a manner that is proportional, transparent and non-discriminatory.
User right to a written contract
Consumers have a right to a contract when subscribing to services providing connection and/or access to a public telephone network. It is important to note that by having access to a public telephone network does not necessarily mean that the service contracted for is PATS.
Quality of Service Information
All providers of publicly available ECS may be required to regularly publish adequate, up-to-date information regarding their performance on various QoS parameters.
Directory Information
Providers who opt to assign telephone numbers to subscribers are to meet all reasonable requests to make that numbering information available for the purposes of publicly available directory enquiries and/or directories. This is without prejudice to any privacy rights.
Access to directory enquiry and operator assistance
If the provider provides a connection to a public telephone network, then all end-users must be able to access directory enquiry and operator services.
Numbering
Since numbers are considered a finite resource, conditions may be attached to their use and allocation. Such conditions include service designation, efficiency in utilisation, number portability, fees and international agreements.
Network Security
Providers of publicly available ECS are already under an obligation to take all reasonable technical and procedural measures so that security of the services provided is maintained.
This may have to be carried out in agreement with the owner of any underlying network infrastructure that is used to convey the ECS.
Privacy
The Privacy Directive and Maltese data protection legislation specify that the confidentiality of all ECS and associated traffic records must be maintained.
To achieve this all stored or processed traffic data should either be erased or rendered anonymous once it is no longer required for communications.
An exception to this is traffic data required for billing or for interconnection payment purposes, as long as consent has been granted by the interested parties and only within the duration of the billing or payment cycle.
With regard to bill itemisation, a subscriber is entitled to an itemised bill but can opt to receive non-itemised bills.
An additional privacy consideration for mobile or nomadic services is location information. Users must be informed of the type of location sensitive data that could be processed. Consent must be given with regard to such processing, the purposes and duration for which it will be used and whether this will be shared with third parties. The above may not apply when there are issues of national security that have to be safeguarded.
Rights of PATS and
publicly available ECS providers
Provision of a service or operation of a network
It will be a right of any provider to be authorised to provide electronic communications services or networks.
Access to rights of way
Providers may apply to use public rights of way. This will imply that they require the ability to install facilities in, on or over public property such as roads or buildings. The grant of such rights will be given after a process that follows the principles of transparency and non-discrimination is applied.
Interconnection
Operators of a public electronic communications network have the right to request interconnection with other such authorised providers. They also have an obligation to negotiate interconnection agreements when requested by a duly authorised provider.
Numbering
Any provider using an electronic communications network or providing electronic communication services has the right to request, be allocated and use numbers from a numbering plan as administered by the appropriate regulatory authority.
Universal Service Provision
Any provider using an electronic communications network or providing electronic communication services has the right to apply to offer Universal Service. The regulatory authority has to consider requests from providers that wish to provide Universal Services.
Obligations of PATS Providers
Access to Emergency Services
All subscribers to PATS services must be able to, at all times and without charge, reach the emergency services via the “112” number.
Number Portability
A subscriber to a PATS service can opt to retain the same telephone number irrespective of the undertaking offering the service.
Network Integrity and Resiliency
The availability and integrity of publicly available telephone services at fixed locations needs to be ensured at all times. Providers of PATS at fixed locations are to take all reasonable steps to provide uninterrupted access to emergency services.
Provision of Information
The PATS provider is obliged to make available to end-users and other consumers all relevant terms and conditions of service and applicable prices and tariffs. This information must be readily available and kept updated.
Directory Information
All subscribers to a PATS provider have the right to an entry in a publicly available telephone directory, except when they express their wish not to be included.
Rights of PATS Providers
Carrier Selection & Pre-Selection
Only providers authorised to provide PATS can apply for access to the network of a PATS operator for reasons of Carrier Selection and/or Carrier Pre-Selection.
Number Portability
The right to request the porting of a telephone number is only available to subscribers of a PATS service. Subscribers to an ECS voice service cannot request number portability.
Directory Listing
The right to appear in a public telephone directory is only available to subscribers of a PATS service. Naturally, an ECS provider can voluntarily decide to provide a telephone directory service.
The consultation paper also suggests a revised annual fee structure as follows:
(a) Public communications networks (such as Maltacom) Lm20,000
(b) PATS Lm20,000
(c) Television and radio distribution services (such as Melita) Lm20,000 plus Lm0.15 per subscriber
(d) other publicly available ECS Lm1,000
(e) non-public ECS Lm1,000
(f) private ECS networks and/or private ECS Lm100
Furthermore, providers of any of the services under (b), (c), (d) or (e) shall also pay MCA the following:
(i) 1.5 per cent of the first ten million of the total gross revenue or part thereof;
(ii) One per cent of the second 10 million of the total gross revenue or part thereof, and
(iii) 0.5 per cent of any remaining gross revenues.
Mr Camilleri told The Malta Independent on Sunday that the new fee structures are “roughly equivalent” to the current ones. The current fee structures are as follows:
(i) Internet (or other Data Networks) Service Provider – Lm1,000 per annum plus one per cent of annual gross revenues
(ii) Public fixed telecommunications systems and services – Lm250,000 on grant, Lm 150,000 per annum and one per cent of total annual gross revenues
(iii) Public fixed telecommunications services – Lm20,000 per annum plus one per cent of annual gross revenues
The MCA will receive the comments from interested parties about the consultation document till noon of Friday, 1 October, 2004.
[email protected]
Moreover, as MCA chief technical officer Ing. Colin Camilleri told a press conference on Wednesday, the new regulatory framework on electronic communications services adopted by the European Union (EU) in July of last year has made this regulation even more important.
The new EU regulatory framework is based on the type of service being offered rather than the technology used to convey it, he said.
The main objective of this consultation paper is to address issues such as service definition and classification, quality of service, pricing, reliability, availability, numbering and billing as well as determining service providers’ responsibilities and obligations.
There are also the revised administrative charges that service providers will have to pay under the new regime.
The new regulatory framework proposes that VoIP services be divided into two: Public Access Telephone Services (PATS), are those which are publicly available, able to make and receive both national and international calls, use a national or international numbering plan, and are able to access emergency services. All other VoIP services will fall under the general umbrella of Electronic Communications Services (ECS). Under the proposed legislation, PATS providers will have more obligations and more rights than ECS providers.
Obligations of PATS and publicly available ECS providers
Notification
All providers are required to notify the MCA under the general authorisation procedures laid out in the recently proposed Electronic Communications Networks and Services (General) Regulations, 2004.
Universal Service Obligations (USOs)
It will be possible for the MCA to oblige all providers of ECS to contribute to funding USOs (currently being borne by Maltacom), if this is deemed necessary.
The funding mechanism, if any, would be implemented following consultation and would take place in a manner that is proportional, transparent and non-discriminatory.
User right to a written contract
Consumers have a right to a contract when subscribing to services providing connection and/or access to a public telephone network. It is important to note that by having access to a public telephone network does not necessarily mean that the service contracted for is PATS.
Quality of Service Information
All providers of publicly available ECS may be required to regularly publish adequate, up-to-date information regarding their performance on various QoS parameters.
Directory Information
Providers who opt to assign telephone numbers to subscribers are to meet all reasonable requests to make that numbering information available for the purposes of publicly available directory enquiries and/or directories. This is without prejudice to any privacy rights.
Access to directory enquiry and operator assistance
If the provider provides a connection to a public telephone network, then all end-users must be able to access directory enquiry and operator services.
Numbering
Since numbers are considered a finite resource, conditions may be attached to their use and allocation. Such conditions include service designation, efficiency in utilisation, number portability, fees and international agreements.
Network Security
Providers of publicly available ECS are already under an obligation to take all reasonable technical and procedural measures so that security of the services provided is maintained.
This may have to be carried out in agreement with the owner of any underlying network infrastructure that is used to convey the ECS.
Privacy
The Privacy Directive and Maltese data protection legislation specify that the confidentiality of all ECS and associated traffic records must be maintained.
To achieve this all stored or processed traffic data should either be erased or rendered anonymous once it is no longer required for communications.
An exception to this is traffic data required for billing or for interconnection payment purposes, as long as consent has been granted by the interested parties and only within the duration of the billing or payment cycle.
With regard to bill itemisation, a subscriber is entitled to an itemised bill but can opt to receive non-itemised bills.
An additional privacy consideration for mobile or nomadic services is location information. Users must be informed of the type of location sensitive data that could be processed. Consent must be given with regard to such processing, the purposes and duration for which it will be used and whether this will be shared with third parties. The above may not apply when there are issues of national security that have to be safeguarded.
Rights of PATS and
publicly available ECS providers
Provision of a service or operation of a network
It will be a right of any provider to be authorised to provide electronic communications services or networks.
Access to rights of way
Providers may apply to use public rights of way. This will imply that they require the ability to install facilities in, on or over public property such as roads or buildings. The grant of such rights will be given after a process that follows the principles of transparency and non-discrimination is applied.
Interconnection
Operators of a public electronic communications network have the right to request interconnection with other such authorised providers. They also have an obligation to negotiate interconnection agreements when requested by a duly authorised provider.
Numbering
Any provider using an electronic communications network or providing electronic communication services has the right to request, be allocated and use numbers from a numbering plan as administered by the appropriate regulatory authority.
Universal Service Provision
Any provider using an electronic communications network or providing electronic communication services has the right to apply to offer Universal Service. The regulatory authority has to consider requests from providers that wish to provide Universal Services.
Obligations of PATS Providers
Access to Emergency Services
All subscribers to PATS services must be able to, at all times and without charge, reach the emergency services via the “112” number.
Number Portability
A subscriber to a PATS service can opt to retain the same telephone number irrespective of the undertaking offering the service.
Network Integrity and Resiliency
The availability and integrity of publicly available telephone services at fixed locations needs to be ensured at all times. Providers of PATS at fixed locations are to take all reasonable steps to provide uninterrupted access to emergency services.
Provision of Information
The PATS provider is obliged to make available to end-users and other consumers all relevant terms and conditions of service and applicable prices and tariffs. This information must be readily available and kept updated.
Directory Information
All subscribers to a PATS provider have the right to an entry in a publicly available telephone directory, except when they express their wish not to be included.
Rights of PATS Providers
Carrier Selection & Pre-Selection
Only providers authorised to provide PATS can apply for access to the network of a PATS operator for reasons of Carrier Selection and/or Carrier Pre-Selection.
Number Portability
The right to request the porting of a telephone number is only available to subscribers of a PATS service. Subscribers to an ECS voice service cannot request number portability.
Directory Listing
The right to appear in a public telephone directory is only available to subscribers of a PATS service. Naturally, an ECS provider can voluntarily decide to provide a telephone directory service.
The consultation paper also suggests a revised annual fee structure as follows:
(a) Public communications networks (such as Maltacom) Lm20,000
(b) PATS Lm20,000
(c) Television and radio distribution services (such as Melita) Lm20,000 plus Lm0.15 per subscriber
(d) other publicly available ECS Lm1,000
(e) non-public ECS Lm1,000
(f) private ECS networks and/or private ECS Lm100
Furthermore, providers of any of the services under (b), (c), (d) or (e) shall also pay MCA the following:
(i) 1.5 per cent of the first ten million of the total gross revenue or part thereof;
(ii) One per cent of the second 10 million of the total gross revenue or part thereof, and
(iii) 0.5 per cent of any remaining gross revenues.
Mr Camilleri told The Malta Independent on Sunday that the new fee structures are “roughly equivalent” to the current ones. The current fee structures are as follows:
(i) Internet (or other Data Networks) Service Provider – Lm1,000 per annum plus one per cent of annual gross revenues
(ii) Public fixed telecommunications systems and services – Lm250,000 on grant, Lm 150,000 per annum and one per cent of total annual gross revenues
(iii) Public fixed telecommunications services – Lm20,000 per annum plus one per cent of annual gross revenues
The MCA will receive the comments from interested parties about the consultation document till noon of Friday, 1 October, 2004.
[email protected]