The European Commission will soon present a proposal for a regulation on the deployment of ‘gigabit’ electronic communications networks (‘Gigabit Infrastructure Act’). With this future legislative proposal, the Commission specifically intends to increase the deployment of high-capacity networks, such as 5G, and to revise the 2014 Broadband Cost Reduction Directive (2014/61).
In concrete terms, the European Commission intends to focus primarily on cost reduction and access to infrastructure. The previous 2014 directive obliged telecoms providers to allow access to their physical infrastructure for new telecoms operators.
The forthcoming European Commission proposal should go further and extend the scope to providers of physical wireless infrastructure. Infrastructure that is owned by public sector actors should also be accessible as long as this does not involve major security or health risks.
A one-stop shop would be created for operators to find out about the physical infrastructure that is already in operation. Member States could set up authorities responsible for managing requests for access to infrastructure. These access requests should all be treated according to fixed criteria and in a fair manner.
Operators would also have obligations. For example, in the case of renovation or works, operators should make the relevant information available upstream through the one-stop shop.
Where the works project is the result of funding from public money, they should also – at least in part – obtain the approval of all operators involved in the operation. This approval should be obtained as long as the work does not involve additional costs or delays. Such requests for approval made by the other parties should be requested at least 2 months before the submission of the final works project to the competent national authorities.
Finally, the Commission’s future proposal also provides, among other things, for the fact that buildings being constructed or renovated should have access points to networks or fibre optics. (Original version in French by Thomas Mangin)