Negotiators from the Parliament, Council and Commission are currently completing discussions on the spectrum part of the future electronic communications code. According to our different sources, the inter-institutional meeting on 1 February was “constructive". Nonetheless, there are four questions still pending: the allocation timetable, introduction of specific frequencies for 5G, the peer review system and licensing period.
It should be recalled that the draft directive presented in September 2016 recasts the 2002 framework directive, the "implementing" directive, the "access" directive and the "universal service" directive. This 283-page document seeks to provide very high-speed broadband access by 2025 for companies; at least 100 Mbit/second broadband speeds for European households and uninterrupted 5G cover in all urban areas and main road conurbations (see EUROPE 11624).
Upstream technical undertaking
So far, three trialogues have already taken place. A fourth one is planned for 28 February with representatives from the internal market and consumer protection committee (IMCO) at the European Parliament and a fifth with representatives from the industry committee (ITRE) on 1 March.
The trialogue on 1 February attended to a large extent by Commissioner Mariya Gabriel, helped to approve a range of compromises negotiated in the technical meeting. These concern the section on spectrum, articles 28, 37, 42, 51, 53, 54, 56, 56(a), 59(3) and, for the part on access, articles 64 and 78. Articles 37(1) and 64(2) still have to be fine-tuned, however. Article 56, for example, explains that member states can no longer request permission for the introduction, connection and limited use of non-disruptive wi-Fi access points (except for protected buildings), as is currently the case (and applied by the Brussels city region for 4G).
Spectrum: questions still pending
During this trialogue, however, the co-legislators were particularly successful in tackling a range of more political questions on the allocation timetable, introduction of specific 5G frequencies, the peer review system and licensing periods. Overall, the different parties concluded that these questions required more thorough discussions. On the question of the peer review system, they appeared to be gravitating towards a voluntary mechanism with certain exceptions. On the licensing period, the Council finally appears to agree on tackling this issue. On this basis, the European Commission would be committed to submitting a draft compromise to the different parties that could be based for a minimum duration and/or provide "flexibility" to the member states to enable them to reach this minimum period (for example, by way of a renewal mechanism).
These questions are expected to be discussed again by the Presidency and the representatives of the Parliamentary Committee during their meeting on 1 March. The aim is to complete the section on spectrum during this meeting, as well as the less controversial questions in the access section. The co-legislators also tackled certain more political questions in the "access" part, for example, the question of co-investment and oligopolies.
28 February Trialogue with IMCO
The trialogue on 28 February will take place this time with representatives from the IMCO Committee. The two parties are expected to tackle the following questions: whether to include or not within the scope of application, the circumvention operators' code, machine to machine communications and whether to include companies in the definition of the concept of “final users’ rights", possible compensation in the event of problems, in addition to the 112-reverse system sought by the European Parliament (a warning system in the event of an emergency. (Original version in French by Sophie Petitjean)