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”.
Response to the Consultation on Proposed Changes to Regulation 51 of the Electronic Communications Networks and Services Regulations (S.L. 399.28 of the Laws of Malta