Who is affected

The proposal generally applies to the entities already regulated under electronic communications law, mainly providers of electronic communications networks and services, the latter covering internet access services, interpersonal communications services and signal transmission services.

The proposal also covers associated facilities (supporting infrastructure around a communications network) and services (supporting technical or enabling services that help the communications service work or be accessed).

Key obligations

The proposal aims to introduce a Single Passport procedure under which a provider intending to provide electronic communications networks or services in one or several Member States would submit one notification to the national regulatory authority of one Member State. The conditions for obtaining authorization shall be harmonized across Member States.

The proposal further introduces a framework for network and service resilience and preparedness, including obligations and cooperation mechanisms to support availability of networks and services in major crises. Ability to maintain operations in crises will also be a condition for obtaining authorization.

The proposal introduces a framework for the transition from legacy copper networks to fibre-to-the-home networks. In Member States where copper networks remain in service after 30 June 2029, Member States would be required to organise copper switch-off areas and prepare national transition-to-fibre plans. Before 31 December 2035, Member States would mandate copper switch-off in copper switch-off areas where at least 95% of premises are passed by a fibre network and affordable retail connectivity services of comparable quality are available to end-users relying on copper-based services.

EU-governance and control is proposed increased through the proposal, by introducing an EU single market procedure for spectrum decisions when assignments affect the internal market. Further, a single EU authorization regime may be implemented for satellite networks and services, and BEREC’s mandate may be expanded to cover resilience and preparedness reporting and enforcement cooperation.

Recommended actions

The proposal is still early-stage and subject to public consultation. Check our timeline regularly to obtain the latest news on the proposal.

If you are an operators relying on copper networks, start mapping potential impacts of the proposed transition-to-fibre and copper switch-off framework.

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