Regulations, 2009

L.N. 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

The title of these regulations is the International

Connectivity (Continuity of Operation) Regulations, 2009.

(1) Unless otherwise stated in these regulations, the

definitions in the Electronic Communications (Regulation) Act shall

apply.

(2) In these regulations, unless the context otherwise

requires

“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.

(1) An international gateway operator shall at all times

(a) adopt appropriate measures to safeguard the integrity

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.

(1) The Authority may, from time to time issue guidelines

to accompany these regulations as it may consider necessary for the

carrying into effect of these regulations.

(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.

(1) In the event of failure or serious degradation of

international connectivity, an international gateway operator shall

notify the Authority instantaneously upon confirmation of the

incident.

(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.

The Authority may, in accordance with the provisions of

Part VII of the Malta Communications Authority Act, impose such

sanctions as it may consider appropriate in accordance with the

Malta Communications Authority Act upon any person who acts in

breach of any provision of these regulations.

€0.28