Are communications networks or services regulated? If so what activities are covered and what licences or authorisations are required?
Communications networks and services are regulated under the Electronic Communications (Regulation) Act, Chapter 399 of the Laws of Malta, (the ‘ECRA’) and in particular the Electronic Communications Networks and Services (General) Regulations, Chapter 399.28 of the Laws of Malta (the ‘ECNSR’). A general authorisation is required for the provision of electronic communications networks and services mentioned below:
- public communications networks;
- publicly available telephone services;
- television and radio distribution services;
- other publicly available electronic communications services;
- non-public electronic communications services;
- publicly available telephone directories and directory enquiry services; and
- private electronic communications networks and/or services.
Electronic communication networks and services are governed by Act no. 35 of 23 May 2003 on certain aspects of Electronic Commerce and other Information Society Services (the E-commerce Act), the Regulation on Electronic Communication Networks and Electronic Communication Services of 16 February 2004 no. 401 (the Ecom Regulation) and Act no. 83 of 4 July 2003 on Electronic Communications (the Electronic Communications Act).
The Electronic Communications Act governs all activities related to electronic communications and associated equipment, irrespective of its underlying technology. Such activities may include the provision of mobile phone services, internet, satellite communications or radio and TV (including cable).
The Norwegian market for electronic networks and communication services is open for all, without any requirement of licences or authorisations. However, the Ecom Regulation Section 1-2 requires operators of electronic communication networks, public telephone services and leased capacity providers to register with the Norwegian Communications Authority (Nkom), prior to commencing their activities.
The provision of telecommunication services is regulated in Turkey and is subject to authorization. The activities covered are provision of electronic communication services and the establishment and operation of electronic communication networks and infrastructure.
Pursuant to Electronic Communications Law w. no. 5809 and the Regulation on Authorisation in the Electronic Communications Sector, entities must obtain authorisation prior to commencing the provision of telecommunication services. There are two types of authorisations:
- Authorisation by notification to the Authority; and
- Authorisation by obtaining a licence for those services which require spectrum allocation.
For services which spectrum allocation is not required, entities are entitled to automatic authorisation after notifying the Authority as to the commencement of the electronic communication services.