Ordinance On The Protection Of Public Telecommunications Networks And Telecommunications Services

Original Language Title: Bekendtgørelse om sikring af offentlige telenet og teletjenester

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Read the untranslated law here: https://www.retsinformation.dk/Forms/R0710.aspx?id=125540

Ordinance on the protection of public telecommunications networks and telecommunications services

Under section 86 (1) and (4) and section 112, paragraph 2 and paragraph 3 of the law on competition and consumer relations in telecommunications markets, see. lovbekendtgørelse nr. 780 of 28. June 2007, as amended by Act No. 325 of 30. April 2008, be determined in accordance with the authorisation granted pursuant to § 3 (1) (8). 1, in order No. 575 by 18. June 2009 on preparedness for electronic communications networks and services:

Purpose

§ 1. The notice is intended to provide an assurance of public voice telephony services in the fixed telecommunications network that meets the needs of the authorities for the use of such emergency services during crisis or war and disasters and other exceptional situations in peacetime.

§ 2. The security referred to in paragraph 1 give subscribers, who are specially designated by emergency authorities, priority access to use the public voice telephony services in the fixed telecommunications network.

Definitions

§ 3. By ensuring public voice telephony services in the fixed telecommunications network shall mean two specific measures: secured the right of first refusal and secured access.

§ 4. By secured preferential access means a firmly established option for access to use the public voice telephony services in the fixed telecommunications networks to carry calls prior to not designated subscribers, see. § 2.

§ 5. By secured access is defined as a special measure, which implies that no designated subscribers temporarily excluded from using public voice telephony services in the fixed telecommunications network.

(2). Secured access is introduced in cases where secured first refusal do not provide sufficient safe and fast traffic flow.

§ 6. By rekvirerende authority means the emergency authority, ordering the securing of public voice telephony service.

Responsibility

§ 7. Providers of voice telephony services in the fixed telecommunications network shall establish, execute and maintain administrative as well as technical measures to implement secured preferential access and guaranteed access for subscribers, designated by emergency authorities.

(2). New entrants must have established the measures referred to in paragraph 1 not later than 1 year after the start of udbudets.

§ 8. Move a Subscriber with established security its direct access connecting to another provider of voice telephony services in the fixed telecommunications network, the losing provider inform the new provider on the Subscriber's security status, and the receiving provider must notify the rekvirerende emergency authority on the amended conditions.

(2). The rekvirerende emergency authority confirms in writing to the new provider, the date of receipt of the notification referred to in paragraph 1. Unless otherwise disclosed in connection therewith, shall be deemed to be the accountable relationship as described in section 6, paragraph 1, of the new released for provider.

(3). Providers of public fixed telecommunications network in voice telephony service shall without undue delay notify the rekvirerende emergency authority, where, in addition to the changes referred to in paragraph 1 by a subscription, which are important for the incumbent protection.

§ 9. Providers of voice telephony services in the fixed telecommunications network shall ensure that the total number of subscribers with established security associated with a central does not exceed a percentage of the Center's many subscribers. The size of this share shall be determined by the national IT and Telecom Agency after negotiation with the individual providers of voice telephony services in the fixed telecommunications network.

(2). Providers of public fixed telecommunications network in voice telephony service shall without undue delay notify the national IT and Telecom Agency and the rekvirerende emergency authorities, when the number of a central's subscribers with established security exceeds the referred to in paragraph 1, the limit laid down.

(3). If the limit referred to in paragraph 1 is exceeded, the provider of public voice telephony services in the fixed telecommunications networks without undue delay implement measures in order to bring the total number of subscribers with established protection under this limit in the individual central.

§ 10. Providers of voice telephony services in the fixed telecommunications network shall, at any time, without undue delay, inform the national IT and Telecom Agency and the rekvirerende emergency authorities, in the event of a technical or operational situation, which does not make it possible to implement secured access, see. section 6 (1).

Criminal provisions

§ 11. With fine punished anyone who violates section 7, section 8, paragraph 1, and section 10 or refuses to supply information in accordance with § 10.

(2). That can be imposed on companies, etc. (legal persons) criminal liability according to the rules laid down in the Penal Code Chapter 5.

Date of entry into force of

§ 12. The notice shall enter into force on the 1. July 2009.

(2). Executive Order No. 421 of 21. May 2008 on safeguarding of public telecommunications networks and telecommunications services is hereby repealed.
The national it and Telecom Agency, the 18. Jorgen Abild Andersen/June 2009 Flemming Faber