Executive Order on access to emergency services via emergency communications, section 3(2), free emergency calls through the text telephone service

Executive Order 567 of 24 May 2023 on access to emergency services via emergency communications implements parts of Directive (EU) 2018/1972, the European Electronic Communications Code. The Order is made under sections 3, 4(1), item 7, 61(1) and 81(2) of the Telecommunications Act.

Section 1 applies the Order to owners of electronic communications networks and to every provision of electronic communications networks and number-based electronic communications services used for emergency communications. Section 2, item 1, of the Order defines a universal service provider as an undertaking that, after designation under the Executive Order on universal service services, provides one or more services covered by the universal service.

Section 3(2) requires the universal service provider of the text telephone service to ensure that entitled users of the service can place free calls to the public alarm service (112) through the text telephone service’s emergency call service. Section 10(1) punishes with a fine anyone who breaches section 3(1) and (2), among other sections. Section 10(2) allows companies and other legal persons to be held criminally liable under chapter 5 of the Penal Code.

Section 25 of the Penal Code lets a legal person be punished with a fine where a law or rules made under a law so provide. The Order states no amount. Section 11(1) brought the Order into force on 1 July 2023. Section 11(2) repealed Executive Order 1865 of 8 December 2020 on the same subject. Section 4(1), item 7, of the Telecommunications Act lets the Minister make rules obliging providers to ensure accessibility requirements for emergency communications for persons with disabilities.

Article 109(5) of the Directive requires Member States to ensure that access for end-users with disabilities to emergency services is available through emergency communications and is equivalent to that enjoyed by other end-users, in accordance with Union law harmonising accessibility requirements for products and services. Section 20(1) of the Act has Digitaliseringsstyrelsen supervise compliance with sections 3 to 6 and 14 to 19 of the Act and the rules and conditions issued under them.

Section 73(1) of the Act lets Digitaliseringsstyrelsen require all information and material it considers relevant to supervising compliance with the Act and the rules made under it from providers of electronic communications networks or services and of number-independent interpersonal communications services.

Section 79(1) of the Act lets Digitaliseringsstyrelsen and the Teleklagenævnet impose coercive fines on a party that fails to supply information they may require or to comply with their decisions.