(1) Operators of public mobile networks must 1. maintain technical facilities for warnings of impending or spreading major emergencies and disasters, which can a) be triggered via the Federation's central warning system by the hazard prevention authorities and the civil protection and disaster control authorities, and b) be transmitted to receiving mobile terminal equipment located in the geographic area determined by the triggering authority, and 2. ensure, through organisational precautions, the possibility of transmitting warnings under point 1 at any time without delay.
(2) Operators of public mobile networks must transmit warnings under subsection (1) to all mobile terminal equipment in the geographic area determined by the triggering authority.
(3) Providers of publicly available mobile number-based interpersonal telecommunications services 1. contribute, to the necessary extent, to ensuring that warnings under subsection (1) can be transmitted to end users in the determined geographic area at any time and without delay, and 2. inform their end users of the conditions for receiving warnings under subsection (1).
(4) The Federal Ministry for Digital Affairs and State Modernisation is empowered, in agreement with the Federal Ministry of the Interior, to lay down rules by statutory instrument, with the consent of the Bundesrat, 1. on the fundamental technical requirements for transmitting warnings in the public mobile network, including the security requirements to be observed, 2. on the organisational framework conditions for transmitting warnings, including reachability and response times, 3. on the scope of the service features to be provided in transmitting warnings, including the data processed in doing so, 4. on specifying the obligations for providers under subsection (3), and 5. on the functions of the Federal Network Agency with regard to the areas listed in points 1 to 4.
(5) The Federal Network Agency lays down the technical details on the regulatory subject matters listed in subsection (4), points 1 to 4, in a Technical Guideline; in doing so, it has regard to the provisions of the statutory instrument under subsection (4). The Federal Network Agency draws up the Technical Guideline with the participation of 1. the associations of a) operators of public mobile networks obligated under subsections (1) and (2), b) providers of publicly available mobile number-based interpersonal telecommunications services obligated under subsection (3), c) manufacturers of the technical facilities used in mobile networks, and d) manufacturers of mobile terminal equipment, 2. the Federal Office of Civil Protection and Disaster Assistance, 3. the representatives of the authorities referred to in subsection (1), point 1(a), named by the Federal Office of Civil Protection and Disaster Assistance, and 4. the Federal Office for Information Security, with regard to the technical requirements under subsection (4), point 1. 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 (3) must satisfy the requirements of the Technical Guideline no later than one year after its publication, unless a different transitional period is set in the Technical Guideline for specific obligations.
(6) Necessary expenditure incurred by operators of public mobile networks in implementing the requirements under subsection (1) is to be reimbursed on application. The actual costs incurred by the obligated parties are decisive for assessing the reimbursement of expenditure. The Federal Network Agency decides on applications for reimbursement of expenditure. Each operator bears the costs arising from transmitting the warnings under subsection (2) itself. Each provider bears the costs arising for sending information under subsection (3) itself.
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Part 10 · Public Safety and Emergency Preparedness › Division 1 · Public Safety › Section 164a
Public warnings
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