Article 110, European Electronic Communications Code
110(1) "By 42 months after entry into force (June 2022), Member States shall ensure that, when public warning systems regarding imminent or developing major emergencies and disasters are in place, public warnings are transmitted by providers of mobile number-based interpersonal communication services to the end-users concerned."
110(2) "Notwithstanding paragraph 1, Member States may determine that public warnings be transmitted through publicly available electronic communications services other than those referred to in paragraph 1, and other than broadcasting services, or through a mobile application relying on an internet access service, provided that the effectiveness of the public warning system is equivalent in terms of coverage and capacity to reach end-users including those only temporarily present in the area concerned, taking utmost account of BEREC guidelines. Public warnings shall be receivable by end-users in an easy manner."
BEREC (Body of European Regulators of Electronic Communications) will publish its guidelines, within 18 months (by June 2020) on how to assess that the effectiveness of public warning systems under paragraph 2 is equivalent to those under paragraph 1.
Recital 260aa "End-users concerned should be deemed to be those end-users who are located in the geographic areas potentially being affected by imminent or developing major emergencies and disasters during the warning period, as determined by the competent authorities."
Recital 293 makes a critical point that affects national requirements. This is that public warnings should be transmitted to "all end-users concerned". That should be interpreted to mean everyone with a mobile phone within coverage of the warning area regardless of his/her choice of device and network service provider. That could exclude any PWS technology platform that is not compatible with every mobile phone available worldwide today.
Recital 293. "Diverging national law has developed in relation to the transmission by electronic communications services of public warnings regarding imminent or developing major emergencies and disasters. In order to approximate law in that area, this Directive should therefore provide that, when public warning systems are in place, public warnings should be transmitted by providers of mobile number-based interpersonal communication services to all end-users concerned. The end-users concerned should be considered to be those who are located in the geographic areas potentially being affected by imminent or developing major emergencies and disasters during the warning period, as determined by the competent authorities."
Paragraphs 1 and 2:
(i) Mandatory implementation of a public warning system by June 2022, which
(ii) Shall alert all citizens and visitors alike, regardless of whether he/she is a resident or only temporarily within the area affected.
Paragraph 1 only:
(i) Transmission of the alerts shall be done via the public telephone networks, and
(ii) Received on the mobile telephone of choice carried by each citizen and visitor.
Paragraph 2 only:
(i) The alternative technology shall be as effective as that used in 1 in terms of coverage, capacity, public access and reach to every citizen and visitor alike, and
(ii) utilise a publicly available electronic communications technology, which does not include TV and radio broadcasts or a smartphone application.
(i) Location-based SMS (fully compliant with Article 110(1) today), and/or
(ii) Cell Broadcast (not yet fully compliant today, due to some handset and network limitations that can reduce public access and reach to less than 40% of mobile phones manufactured worldwide).
A viable alternative to (i) and (ii) above that is accessible to and reaches everyone within the area affected.
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We will also coordinate post-implementation user and community reviews to identify lessons for continuous improvement and the trajectory for technical evolution. We will help you ensure the system is sustainable to meet both the enduring and emerging needs for public safety and future telecommunications capabilities.
We'll help you apply a global, lessons learned approach to optimise national capacity and capability to accelerate design through to implementation at reduced cost:
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We'll help you decide which technology best serves your national requirements using evidence-based analysis that's independent from ICT suppliers: