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Proposed change to Regulation 51 of the Electronic Communications Networks and Services (General) Regulations (ECNSR) (SL 399.28 of the Laws of Malta)


Office of the​ Prime Minister 
(Malta Communications Authority)
​Published on: ​5 December 2019
Running till: ​9 January 2020
​Last Updated: ​8 June 2020
Consultation Outcome: Final Report


1.        Background

In an increasingly joined-up, high speed digital environment where take-up of Cloud-based services, among others, is ramping up steeply, reliance on always-on, electronic communications networks can no longer be dependent on best-effort provision.  Thus, networks increasingly require a reasonable level of ongoing redundancy. It is therefore necessary to place additional emphasis on the provision of adequate fail-safe back-up when connectivity problems arise.

Within the context outlined above, this consultation document proposes an amendment to regulation 51 of the ECNSR.  The intention of the proposed amendment is to clarify further the provisions of the mentioned regulation 51.

This clarification is being proposed in relation to geographical areas of the Maltese Territory where inadequate redundancy in electronic communications networks might raise problems with regard to ongoing connectivity and therefore service provision. 

This is in line with the requirement in regulation 51(1) on undertakings providing publicly available electronic communications services over public communications networks, to “take all necessary measures to ensure the fullest possible availability of such service in the event of catastrophic network breakdown or in cases of force majeure”.​

2.        Documents


Please be informed that submissions will be published on the webpage of this consultation at the end of the scoping phase. The lead Ministry has sole discretion upon the publication of comments.
Received contributions, together with the identity of the contributor, will be published on the Internet, unless the contributor objects to the publication of his/her personal data on the grounds that such publication would harm his/her legitimate interests. In this case the contribution may be published in anonymous form. Otherwise the contribution will not be published nor will, in principle, its content be taken into account.  Any objections concerning the publication of personal data should be sent to the service responsible for the consultation on the following email address:
Data Protection Statement the General Data Protection Regulation and the Data Protection Act (Chapter 586)

The General Data Protection Regulation and the Data Protection Act Chapter 586 regulate the processing of personal data whether held electronically or in manual form. The Ministry for European Affairs and Equality collects only information which is necessary for it to perform its intended functions and is set to fully comply with the Data Protection Principles as set out in the Data Protection Legislation.  Verification of the ID number provided will take place as deemed necessary. All personal data provided will be processed according to the General Data Protection Regulation and the Data Protection Act (Cap 586).​

In addition, please be aware of:
·         Disclosure under the Freedom of Information Act (Chapter 496)
As we are a public authority all documents we hold, including documents related to this public consultation process, may be released following a request to us under the Freedom of Information Act (Chap. 496), unless such request may be subject of an exemption arising from the same Act.

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