On the proposal for a regulation of the European Parliament and of the Council on measures to reduce the cost of deploying gigabit electronic communications networks and repealing Directive 2014/61/EU (Gigabit Infrastructure Act)
A-9-2023-0275
Committee on Industry, Research and Energy · Rapporteur: Alin Mituța
Written by a language model from the full text only; every figure comes from the text. The paragraph links open the paragraph a statement rests on — check the text itself before relying on it.
Parliament's amended version of the Commission proposal for a Gigabit Infrastructure Act sets rules to cut the cost of deploying very high capacity networks.¶ It requires network operators and public sector bodies to meet reasonable requests for access to physical infrastructure under fair and reasonable terms, and allows refusal on listed grounds.¶¶ It sets deadlines for permits, rights of way and dispute settlement, and requires new and majorly renovated buildings to be equipped with fibre-ready infrastructure and wiring.¶¶¶ It requires single information points, coordination bodies and penalties, and repeals Directive 2014/61/EU.¶¶¶ It also amends Regulation (EU) 2015/2120 to abolish retail surcharges for regulated intra-EU communications.¶¶
Committee position. The committee adopts its position at first reading with amendments to the Commission proposal, expanding access to private commercial buildings, shortening timelines, including tower companies, and abolishing intra-EU call surcharges.¶¶¶
Key points
- Network operators and public sector bodies owning or controlling physical infrastructure must meet reasonable written requests for access under fair and reasonable terms, including price.¶
- Owners of private commercial buildings must meet reasonable requests for access where no very high capacity network is deployed, no suitable infrastructure exists, or the operator failed to obtain State aid or a co-investor.¶¶¶
- Access may be refused for lack of technical suitability, lack of space, safety or public health concerns, network integrity or security, interference risk, or viable alternative wholesale access.¶¶¶
- Member States must establish a body to coordinate access requests to public sector physical infrastructure and provide legal and technical advice.¶
- Operators have the right to minimum information on existing physical infrastructure via a single information point, provided no later than 15 days after the request.¶¶
- Network operators and public sector bodies must meet reasonable requests to coordinate civil works fully or partially financed by public means under transparent and non-discriminatory terms.¶
- Competent authorities must grant or refuse permits within two months, and rights of way within two months, with possible extension of up to three months in exceptional cases.¶¶¶
- New buildings and majorly renovated buildings must be equipped with fibre-ready in-building physical infrastructure and in-building fibre wiring; multi-dwelling buildings must also have an access point.¶¶
- Member States must adopt standards or technical specifications and set up certification schemes for the 'fibre-ready' label.¶¶¶
- National dispute settlement bodies must issue binding decisions within two months for access disputes and one month for other disputes, extendable by one month in exceptional cases.¶¶¶
- Member States must lay down penalties for infringements and financial compensation for persons suffering damage.¶¶
- Regulation (EU) 2015/2120 is amended to abolish retail surcharges for regulated intra-EU communications, with BEREC guidelines and Commission reports.¶¶¶
Who is affected
- Network operators and public sector bodies owning or controlling physical infrastructure, which must give access and information.¶¶
- Operators deploying very high capacity networks, who gain access rights and information.
- Owners of private commercial buildings, who may have to give access in limited cases.¶
- Building developers and owners, who must equip new and renovated buildings with fibre-ready infrastructure.¶¶
- Providers of electronic communications to the public, who must not apply higher tariffs for regulated intra-EU communications.¶
Figures and deadlines
- 15 days after the request for information is submitted, for access to minimum information.¶
- 1 month from receipt of the complete request, to communicate reasons for refusal of access.¶
- 3 months prior to the first submission of the request for a permit, to make available information on planned civil works.¶
- 2 months before the submission of the final project, to file a request to coordinate civil works.¶
- 15 working days of receipt, to reject applications for permits for which minimum information has not been made available.¶
- Two months, to grant or refuse permits and rights of way.¶¶
- Three months, maximum extension of the two-month permit deadline.¶
- Six months after entry into force, for the Regulation to apply.¶
Legal basis: Article 114 of the Treaty on the Functioning of the European Union.¶