Emergency call

(1) A person providing publicly available number-based interpersonal telecommunications services for making outgoing calls to one or more numbers of the national or international numbering plan must take precautions so that end users can make free-of-charge connections initiated either by dialling the European-wide emergency number 112 or the additional national emergency number 110, or by sending corresponding signalling (emergency call connections). A person who provides such publicly available number-based interpersonal telecommunications services, enables access to such services, or operates telecommunications networks used for these services, including the conveyance of calls, must ensure, or contribute to the necessary extent to ensuring, that emergency call connections are established at all times without delay to the locally competent emergency call answering point. The parties obligated under the first and second sentences must ensure that the following is also transmitted to the emergency call answering point together with the emergency call connection: 1. the telephone number of the connection from which the emergency call connection originates, and 2. the data necessary to determine the location from which the emergency call connection originates. Emergency call connections are to be established with priority over other connections; they are treated as equivalent to priority connections under section 186(2), first sentence. Data required, in accordance with the statutory instrument under subsection (5), for pursuing abuse of the emergency call may also be transmitted to the emergency call answering point with a delay. Transmission of the data under the third and fifth sentences is free of charge. Each provider of a telecommunications service bears the costs arising from emergency call connections itself; the chargeability of wholesale services remains unaffected.
(2) Subsection (1) applies correspondingly to emergency call connections initiated using a fax machine.
(3) To ensure equivalent emergency call communication for persons with disabilities, it is to be ensured that free-of-charge emergency call connections are possible when using a relay service under section 51(4). Insofar as technically possible, the requirements of subsection (1), third and sixth sentences, apply correspondingly.
(4) Providers of number-independent interpersonal telecommunications services that enable direct communication to the locally competent emergency call answering point must ensure that the data necessary to determine the location are transmitted. Each provider of a telecommunications service bears the costs arising from these emergency call connections itself; the chargeability of wholesale services remains unaffected.
(5) The Federal Ministry for Digital Affairs and State Modernisation is empowered, in agreement with the Federal Ministry of the Interior and the Federal Ministry of Labour and Social Affairs, to lay down rules by statutory instrument, with the consent of the Bundesrat, 1. on the principles for determining the catchment areas of emergency call answering points and their subdivisions by the Land and municipal authorities responsible for emergency calls, and on the principles of the coordination procedure between these authorities and the network operators concerned, insofar as these principles are necessary for establishing emergency call connections; 2. on establishing emergency call connections to the respective locally competent emergency call answering point or alternative emergency call answering point; 3. on the scope of the service features to be provided for emergency call connections, including a) transmission of the data under subsection (1), third sentence, and b) permissible deviations as regards the data to be transmitted under subsection (1), third sentence, point 1, in unavoidable technically caused special cases; 4. on the provision and transmission of data suitable for enabling the emergency call answering point to pursue abuse of the emergency call; 5. on establishing emergency call connections by automatic procedures; 6. on ensuring the equivalence of emergency call communication for persons with disabilities; and 7. on the functions of the Federal Network Agency in the areas listed in points 1 to 6, in particular with regard to determining criteria for the accuracy and reliability of the data necessary to determine the location from which the emergency call connection originates. Provisions of Land law on emergency call answering points that do not concern obligations within the meaning of subsections (1) to (4) remain unaffected by the provisions of this subsection.
(6) The Federal Network Agency lays down the technical details on the regulatory subject matters listed in subsection (5), first sentence, points 1 to 6, in particular the criteria for the accuracy and reliability of the particulars on the location from which the emergency call connection originates, in a Technical Guideline; in doing so, it has regard to the provisions of the statutory instrument under subsection (5). The Federal Network Agency draws up the Technical Guideline with the participation of 1. the associations of the providers of telecommunications services and operators of telecommunications networks affected by subsections (1) to (4), 2. the representatives of the operators of emergency call answering points named by the Federal Ministry of the Interior, and 3. the manufacturers of the technical facilities used in the telecommunications networks and emergency call answering points. International standards are to be taken into account in the determinations in the Technical Guideline; deviations from the standards are to be given reasons. The parties obligated under subsections (1) to (4) must satisfy the requirements of the Technical Guideline no later than one year after its publication, unless a longer transitional period is set in the Technical Guideline for specific obligations. Technical facilities designed in accordance with this Technical Guideline and free of defects must, in the event of an amendment of the Technical Guideline, satisfy the amended requirements no later than three years after its entry into force.