1. Reasons for Proposal

As the Framework Act on Broadcasting Communications Development was revised (Act No. 19152, promulgated on January 3, 2023, enforced on July 4) in the wake of the Pangyo data center fire and service failure accident (October 15, 2022), major value-added communication business operators and major data center operators of a certain size or larger are included in the operators subject to the establishment and operation of the communication disaster management system; therefore, this amendment aims to determine matters delegated by the Act, such as setting standards for the designation of major value-added communication business operators and major data center operators, etc., and matters necessary for their implementation.

2. Major Provisions

A. Set standards for the designation of major value-added communication business operators (Article 23 (2) newly inserted)

Designate value-added telecommunications business operators of a certain size or larger as major broadcasting communications business entities based on the average number of users per day and the proportion of traffic volume.

B. Set standards for the designation of major data center operators, etc. (Article 23 (3) newly inserted)

Designate data center operators of a certain size or larger as major broadcasting communications business entities based on the sales of the previous year, floor area of computer rooms in data centers, and capacity of power supply facilities.

C. Add criteria for classifying grades of communications facilities for data centers (Article 23-3 (1) 4 revised)

Newly add criteria for classifying grades of communications facilities suitable for data centers, such as the floor area of computer rooms and capacity of power supply facilities.

D. Provide a ground for the delegation of guidance and inspection of plans for the management of disasters in broadcasting communications and the designation of specialized institutions (Article 27-3 newly inserted and Article 30 (2) 3 revised)

Provide a ground for the delegation of affairs related to guidance and inspection of plans for the management of disasters in broadcasting communications for major value-added communication business operators, major data center operators, etc., and for the designation of specialized institutions.

E. Provide grounds for penalty surcharges calculation criteria for major value-added communication business operators, major data center operators, etc. (Attached Table 1 revised)

Provide criteria to calculate penalty surcharges in consideration of service failure rates for value-added communication business operators and facility failure rates for data center operators, etc.