ICP - Autoridade Nacional de Comunicações (ICP - National Communications Authority)
Regulation
(This is not an official translation of the law)
Provision to authorities responsible for providing emergency services of information on the location of callers to the single European 112 emergency number
The access to emergency services through the single European 112 emergency number is a right acknowledged by law to all users of publicly available telephone services, including users of public pay-phones.
The development of a safe and effective emergency service through the 112 number is a priority of the European Union, which has adopted a set of measures to achieve a harmonized solution in all Member States.
In this scope, Directive 2002/22/EC of the European Parliament and of the Council of 7 March 2002 must be highlighted, as its article 26, paragraph 3, requires that Member States ensure that operators of public telephone networks make caller location information available to authorities responsible for emergencies, for all calls made to the single European emergency call number 112. Likewise, Commission Recommendation 2003/558/EC of 25 July 2003 requires that Member States draw up detailed rules for public network operators for the provision of caller location information.
These obligations have been transposed to Portuguese Law through article 51 of Law no. 5/2004 of 10 February (ECL), paragraph 2 of which requires that companies providing publicly available telephone networks and services make available, to authorities handling emergency services, the necessary information on the location of callers to the single European 112 emergency number.
However, the provision of information on caller location, as provided for above, implies that a technical solution is adopted at national level, in articulation with providers of publicly available telephone networks and services and bodies responsible for handling emergency calls.
Acknowledging the importance of such an articulation, the Ministry for Internal Administration, by Order no. 20791/2006, of 20 September, required Security Forces to adopt the necessary procedures to receive from electronic communications operators the relevant information to determine immediately the geographical location of callers to the emergency number. Security Forces were required also, together with ICP-ANACOM and operators, to promote the necessary measures to ensure interoperability, compatibility and interaction between their emergency call centres and the communication and information systems of providers of publicly available telephone networks and services.
By the end of 2006, consequently, a work group was established involving the bodies referred in the above-mentioned Order that, further to the work developed by ICP-ANACOM and operators of publicly available telephone services and networks, successfully concluded in 6 months the task of implementing in Portugal the location of the caller to the 112 emergency number.
This work included not only the specification of technical documents supporting the fixed and mobile solutions but also the definition of some principles and rules which were necessary to the successful implementation of those solutions.
This is a dynamic process, the evolution of which is justified by the permanent need to ensure better and more effective solutions.
In fact, the relevance and specificity hereof must be stressed, as its subject-matter concerns issues which meet the basic needs of citizens, such as health care, protection and safety of persons and property, in emergency situations.
In the light of the above, aiming to protect citizens' interests, ICP-ANACOM, having heard interested parties, shall promote, within a reasonable period of time and according to a proper planning, the implementation of improved technological location solutions, to be provided by providers of publicly available telephone networks and services.
This fact does not preclude the need, in the scope of electronic communications and of the current regulatory framework, for the establishment of obligations to be complied with by electronic communications companies, thus meeting the provision in paragraph 2, article 51, of Law no. 5/2004, the regulatory power bestowed on ICP-ANACOM being the most appropriate instrument for this purpose.
Therefore, exercising powers conferred by point a) of article 9 of the Statutes of ICP-ANACOM, in annex to Decree-Law no. 309/2001, of 7 December, and by paragraph 1 of article 125 of Law no. 5/2004 of 10 February, aiming to ensure a prompt and effective compliance of obligations arising under paragraph 2 of article 51 of that Law, the Board of Directors of ICP-ANACOM, having heard interested parties, in the scope of the regulatory procedure provided for in article 11 of the referred Statutes and the general consultation procedure provided for in article 8 of Law no. 5/2004, hereby approves the following regulation:
CHAPTER I
General Provisions
Article 1
Subject-matter and scope
1. This statutory instrument establishes the principles and rules to be complied with by providers of publicly available telephone networks and services, as regards the provision, to authorities responsible for emergency services, of the necessary information on the location of callers to the single European 112 emergency number.
2. As long as the national emergency number 115 remains operational, according to article 7 of Decree-Law no. 73/97 of 3 April, calls made to the number 115 shall be handled similarly to those made to the number 112.
Article 2
Definitions and abbreviations
1. For the purposes hereof, the following definitions shall apply:
a) E112 - means an emergency communications service using the single European emergency call number, 112, which is enhanced with location information of the calling user;
b) E112 - DB - means a support database with location information of the caller to the single European 112 emergency number from a publicly available telephone service, including public pay-phones, which is managed and maintained by a body appointed by authorities responsible for emergency services;
c) Location information - means, in a public mobile network, the data processed indicating the geographic position of a user's mobile terminal and, in a public fixed network, the data about the physical address of the termination point;
d) Public safety answering point (PSAP) - means a physical location where emergency calls are received under the responsibility of a public authority;
e) Emergency service - means a service, recognised as such by the Member State, which provides immediate and rapid assistance in situations where there is a direct risk to life or limb, individual or public health or safety, to private or public property, or the environment but not necessarily limited to these situations.
2. For the purposes hereof, the following abbreviations shall apply:
a) CLI - Calling Line Identification;
b) SLRO - Subscriber Line Resale Offer (wholesale offer provided by the Portugal Telecom Group).
CHAPTER II
Principles and rules to be complied with
Article 3
General principles and rules
1. Providers of publicly available telephone networks and services must work together and with authorities responsible for emergency services to locate the caller to the single European 112 emergency number, in compliance with the regulatory framework in force.
2. For every emergency call made to the European emergency call number 112, providers of publicly available telephone networks and services must, initiated by the network, forward (push) to public safety answering points the best information available as to the location of the caller, to the extent technically feasible.
3. For the purposes of the preceding paragraph, to the extent technically feasible and useful to authorities responsible for emergency services, ICP-ANACOM, having heard interested parties, shall require providers of publicly available telephone networks and services to adopt more appropriate solutions for a better location of callers to the single European 112 emergency number.
4. Providers of publicly available telephone networks and services shall provide location information in a non-discriminatory way, avoiding in particular discrimination between the quality of information provided concerning their own subscribers and other users. For this purpose:
a) In the case of the fixed networks, ''other users'' include users of public pay phones;
b) In the case of mobile networks or mobility applications, ''other users'' include roamers or visiting users, or, where appropriate, users of mobile terminals which can not be identified by the subscriber or user number.
5. All location information provided should be accompanied by an identification of the network on which the call originates.
6. Providers of publicly available telephone networks and services shall keep sources of location information, including address information, accurate and up-to-date.
7. For each emergency call for which the subscriber or user number has been identified, providers of publicly available telephone networks and services shall provide to public safety answering points and emergency services the ability of renewing the location information through a call back functionality (pulling) for the purpose of handling the emergency.
8. Providers of publicly available telephone networks and services shall be prepared to comply herewith on the date on which their activity starts.
9. Providers of publicly available telephone networks and service on whose networks or services calls to the 112 number are originated shall send the CLI, to the extent technically feasible.
10. Providers of publicly available telephone networks and service shall correct the mistakes for which they are responsible, which have been detected and reported by authorities responsible for emergency services.
Article 4
E112 call location solution
1. Calls originating in publicly available mobile telephone networks or services:
a) Providers of publicly available mobile telephone networks or services, for the purpose of the provision of location information, shall ensure that the geographic coordinates of the cell and the extent and format of uncertainty are delivered, during a call and for all calls;
b) In order to fulfil the obligation set out in the preceding paragraph, providers of publicly available mobile telephone networks or services shall comply with the ''Specification of the E112 call location solution for publicly available telephone networks or services'', laid down in Annex I hereto, which is an integral part hereof;
c) All providers of publicly available telephone networks or services that route calls originated in mobile telephone networks or services to the PSAP must also comply with the Specification in Annex I.
2. Calls originating in publicly available fixed telephone networks or services:
a) Providers of publicly available fixed telephone networks or services shall ensure, for the purpose of the provision of location information for calls made to the single European emergency call number 112, and in compliance with paragraph 4 of article 6, that the physical addresses and respective CLI associated to their subscribers are submitted to the E112-DB, for consultation by authorities responsible for emergency services when an emergency call is made;
b) In order to fulfil the obligation set out in the preceding paragraph, providers of publicly available fixed telephone networks or services shall comply with:
i. The ''Specification of the E112-DB file layout'', laid down in Annex II hereto, which is an integral part hereof;
ii. The ''Specification of file transfer'', provided by authorities responsible for emergency services.
Article 5
Principles and rules to be complied with by providers of publicly available mobile telephone networks or services
1. Providers of publicly available mobile telephone networks or services must provide location information to authorities responsible for emergency services according to the solution specified in Annex I hereto, and also when:
a) Providing access to their network to other providers of publicly available telephone services;
b) Providing publicly available fixed telephone services.
2. Providers of publicly available mobile telephone networks or services shall also provide to authorities responsible for emergency services, in addition to provisions herein, location information as accurate as that provided commercially to their subscribers, unless there is an incompatibility with the PSAP.
Article 6
Principles and rules to be complied with by providers of publicly available fixed telephone networks or services
1. Providers of publicly available fixed telephone networks or services shall provide the facility address of the line that originated the emergency call.
2. It is incumbent upon holders of the local loop, that allow companies interconnected therewith to provide publicly available fixed telephone services in call selection or pre-selection, the latter modality including SLRO, to provide location information to authorities responsible for emergency services.
3. It is incumbent upon providers on whose networks or services are supported the publicly available telephone services provided by companies that resell those services, to provide to authorities responsible for emergency services location data on calls made to the 112 number.
4. Providers of publicly available fixed telephone networks or services shall update the information provided to authorities responsible for emergency services, namely by introducing data on new subscribers, removing data on ex-subscribers or changing data on current subscribers, by the end of the working day that follows that on which the reason for the update occurred.
CHAPTER III
Enforcement and penalty system
Article 7
Enforcement
The enforcement hereof is incumbent upon ICP-ANACOM.
Article 8
Penalty system
Infringements to provisions hereof shall be punishable pursuant to article 113, paragraph 1 hh) of Law no. 5/2004 of 10 February.
12 February 2009. - The Vice-Chairman of the Board of Directors, Alberto Souto de Miranda.
Consult:
Annex II - Specification of the E112-DB file layout(PDF 467 Kb)
