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Part 10 · Public Safety and Emergency Preparedness  ›  Division 2 · Emergency Preparedness › Section 185

Duty to ensure telecommunications

(1) Providers of publicly available telecommunications services with more than 100,000 contractual partners must maintain the following services provided by them: 1. voice communication services, 2. internet access services, 3. data transmission services, and 4. e-mail services. Operators of public telecommunications networks must maintain operation of their network at least to the extent necessary for providing the services under the first sentence. Providers of publicly available telecommunications services under the first sentence, and operators of public telecommunications networks, that provide connections or transmission paths necessary for the services under the first sentence, must maintain these services.
(2) Without prejudice to the provisions of Regulation (EU) 2015/2120, operators of public telecommunications networks must take traffic management measures, insofar and for as long as necessary, to prevent an impending network overload or to remedy a network overload that has occurred. Equivalent categories of traffic are to be treated equally in doing so.
(3) Operators of public telecommunications networks and providers of publicly available telecommunications services under subsection (1) must take measures, insofar and for as long as necessary, to prevent an impending bottleneck situation in the interconnection of telecommunications networks and services, at handover points of telecommunications networks and services, and at system components for controlling and managing telecommunications services, or to remedy a bottleneck situation that has occurred.

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