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Electronic Communications (Regulation) Act (Cap. 399) International Connectivity (Continuity Of Operation) Regulations, 2009 (Ln 31 Of 2009 )

ELECTRONIC COMMUNICATIONS (REGULATION) ACT (CAP. 399)International Connectivity (Continuity of Operation) Regulations, 2009

IN exercise of the powers conferred by article 34 of the Electronic Communications (Regulation) Act the Minister for Infrastructure, Transport and Communications, after consultation with the Malta Communications Authority, has made the following regulations:

Citation.

Definitions.

Connectivity (Continuity of Operation) Regulations, 2009.

requires:
(2) In these regulations, unless the context otherwise

Cap. 399.

Cap. 418.

Continuity of operation.

“the Act” means the Electronic Communications (Regulation) Act and includes any regulations made thereunder;
“the Authority” means the Malta Communications Authority established under the Malta Communications Authority Act;
“international gateway operator” means an undertaking providing or authorised to provide a public electronic communications network which includes an international connection.

and resiliency of the network elements utilised to provide
international connectivity;
(b) secure the availability of capacity, or have in place alternative measures, sufficient to ensure an adequate level of uninterrupted international connectivity.

(2) An international gateway operator shall not unreasonably refuse the provision of capacity to another international gateway operator for the purposes of meeting the obligations established by sub-regulation (1):
Provided that the Authority shall have the discretion to determine whether an international gateway operator acted unreasonably or otherwise by taking into account the specific circumstances relating to the request for the provision of capacity.

(2) The Authority may, where it considers that its intervention is required for the implementation of the provisions of these regulations, specify the conditions to be met by undertakings in order to give effect to these regulations.
(3) Without prejudice to the generality of sub- regulations (1) and (2) hereof, the Authority may, in pursuance of its powers under the said sub-regulations:
(a) oblige an international gateway operator to establish the necessary contingency plans for the purpose of complying with the provisions of these regulations;
(b) oblige an international gateway operator to periodically submit such contingency plans to the Authority;
(c) commission an independent audit in order to assess:
(i) the level of integrity and resiliency of the network elements operated by the international gateway operator; and
(ii) compliance with any guidelines or conditions that the Authority may establish in terms of these regulations.

B 393

Powers of the

Authority.

Provision of information.

B 394 VERŻJONI ELETTRONIKA
(2) An international gateway operator shall provide the Authority with any information that the Authority may reasonably require in order to ensure that the international gateway operator has taken the necessary steps to restore normal international connectivity and in order to carry out any subsequent analysis or investigation of the incident.
(3) The Authority may require any international gateway operator and any undertaking providing international electronic communications services to submit, and where appropriate to publish, information regarding the plans and measures that it has put in place in order to meet the obligations in regulation 3 hereof and to comply with any guidelines and, or conditions issued or specified in accordance with regulation 4 hereof. The Authority shall also have the power to publish any information in any manner it deems appropriate in accordance with sub-article 4 (14) of the Malta Communications Authority Act.
(4) The Authority shall at all times take appropriate measures to protect information of a confidential nature to which it has access or which is communicated to it by the international gateway operator.

Enforcement and penalties.

Ippubblikat mid-Dipartiment tal-Informazzjoni (doi.gov.mt) — Valletta — Published by the Department of Information (doi.gov.mt) — Valletta

Mitbugħ fl-Istamperija tal-Gvern fuq karta riċiklata — Printed at the Government Printing Press on recycled paper <.. image removed ..>

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