Ordinance On Telecommunications Preparedness

Original Language Title: Bekendtgørelse om teleberedskab

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Read the untranslated law here: https://www.retsinformation.dk/Forms/R0710.aspx?id=117086

Ordinance on telecommunications preparedness

Under section 86, paragraph 1 and 4, § 87 (1) and section 112, paragraph 2 and 3 of the Act on competition and consumers ' relationships on the telecommunications market, see. lovbekendtgørelse nr. 780 of 28. June 2007, as amended by Act No. 325 of 30. April 2008, fixed:

Purpose and scope

§ 1. The decree aims to ensure the planning and implementation of preparedness in the field of telecommunications. The notice shall apply for the purposes of during crisis or war and disasters and other exceptional situations in peacetime to continue the society's functions as well as providing support to emergency authorities.

Definitions

§ 2. At emergency situation means a situation where it is necessary to introduce specific measures during the crisis or war and disasters and other exceptional situations in peacetime to continue the society's functions as well as providing support to emergency authorities.

(2). Of social important electronic communications means communication that takes place over electronic communications networks and services, and which is necessary for the implementation of tasks under conditions as referred to in paragraph 1.

(3). By telecommunications preparedness means planning and execution of the measures which are necessary to maintain social important electronic communications in emergency situations.

(4). By emergency authorities means the military defense, emergency preparedness, police and other civilian authorities.

Conditions for the provision of public electronic communications networks and services

§ 3. The national it and Telecom Agency shall lay down detailed rules concerning the obligations of udførelsesmæssig, operational and maintenance-related art, to be borne by the providers of public electronic communications networks and services, with a view on the overall implementation, including rules on:





1) providing the opportunity to give specially designated subscribers preference by use of public electronic communications networks and services – if necessary by restriction of the General access to electronic communications networks and services.

2) physical protection of public electronic communications networks and services, including sending stations see Nr. 4.

3) guidelines for the provision and maintenance of social important electronic communications for use by emergency authorities.

4) maintenance of transmitter stations, used to spread of Danmarks radio's and Tv2 's audio and video programs, with a view to Danmarks Radio and TV2 can fulfill the obligation to broadcast messages of beredskabsmæssig importance, as is the responsibility of those following the law on radio and television company.





(2). The national it and Telecom Agency may, to the extent necessary to ensure the maintenance of social important electronic communications, impose on providers of electronic communications networks and services, which are not publicly available, to comply with the rules laid down by the national IT and Telecom Agency in accordance with paragraph 1.

The national it and Telecom Agency

§ 4. The national it and Telecom Agency performs during disasters and other exceptional situations in peacetime as well as during the crisis or war coordination and prioritization of emergency authorities to the changing needs of society important electronic communications.

§ 5. The national it and Telecom Agency solves its tasks in accordance with § 4 through the following:





1) Receive and handle requests from emergency authorities on leased lines.

2) Determines which connections with the providers of electronic communications networks and services, also taking into account the desirability of maintaining the electronic communications networks and services where possible, should be covered by the telecom networks, delivery options, when these cannot satisfy all needs.

3) gives the necessary directives to providers of electronic communications networks and services concerning the prioritization of restoration of damaged telecommunication facilities.

4) Obliges providers of electronic communications networks and services General restricted service in electronic communications networks and services by implementing the measures at any time by the suppliers for the implementation of measures to that effect.

5) Cooperating with similar bodies in other countries for the solution of corresponding tasks with regard to the international circuit.





Accountability

§ 6. The national it and Telecom Agency can impose on providers of electronic communications networks and services to provide the national IT and Telecom Agency all information deemed necessary for the purposes of the administration of the rules laid down in this Decree and the regulations issued thereunder.

Emergency duty

§ 7. Providers of electronic communications networks and services should be through the planning to ensure that the necessary personnel are available through the implementation of telecommunications preparedness.

(2). The national it and Telecom Agency shall submit applications to the Danish Emergency Management Agency for an exemption from compulsory attendance for the employees in the telecommunications sector, which during the crisis or war to carry out functions referred to in article 1, paragraphs 1 and 2, in the Interior and Health Minister Decree No. 934 of 6. December 1993 for an exemption from compulsory attendance at emergency preparedness and defence during the crisis or war (designation).

Supervision, daily fines and injunctions

§ 8. The national it and Telecom Agency oversees the providers of electronic communications networks and services, compliance with the rules in this Ordinance and the rules thereunder. The national it and Telecom Agency can communicate to providers of electronic communications networks and services orders relating to compliance with the rules in this Ordinance and the rules thereunder, as well as apply a penalty payment, with a view to enforcement of this regulation. section 87, paragraph 3 of the Act on competition and consumers ' relationships on the telecommunications market. There are udpantningsret for the amounts.

Criminal provisions

§ 9. With fine punished





1) the who refuses to supply information under section 6, or

2) Whoever violates the rules, as provided for under section 3.





(2). That can be imposed on companies, etc. (legal persons) criminal liability in accordance with the provisions of the criminal code 5. Chapter.

Entry into force, etc.

§ 10. The notice shall enter into force on the 1. June 2008.

(2). At the same time repealed Executive Order No. 1045 of 13. December 2001 on telecommunications preparedness.
Ministry of science, Technology and Development, the twenty-first century. May 2008 Helge Sander/Flemming Faber