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DRAFT REPORT (COM(2023)0094 – C90028/2023 – 2023/0046(COD))

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)

ITRE-PR-749242

Committee on Industry, Research and Energy · Rapporteur: Alin Mituța

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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.

This is the rapporteur's draft report on the proposed Gigabit Infrastructure Act, which would replace Directive 2014/61/EU with rules to cut the cost of deploying gigabit networks. The draft proposes amendments to the Commission proposal: shorter permit and dispute deadlines, access to private commercial buildings in limited cases, and inclusion of tower companies. It also proposes a new Article 16a amending Regulation (EU) 2015/2120 to abolish retail surcharges for regulated intra-EU communications.

Committee position. The rapporteur proposes to amend the Commission proposal by expanding access to private commercial buildings, shortening permit and dispute deadlines, including tower companies, and adding a ban on retail surcharges for intra-EU calls.

Key points

  1. Member States may not diverge from rules on access, coordination, transparency and permits, but may extend civil works coordination to privately funded projects.
  2. Network operators and public sector bodies must meet reasonable written requests for access to physical infrastructure under fair and reasonable terms, including price.
  3. Land owners where associated facilities are or will be installed must negotiate access with tower companies on fair and reasonable terms, including price.
  4. Owners of buildings used exclusively for private commercial purposes must meet access requests in areas with no very high capacity network, no suitable existing infrastructure, or where the operator failed to obtain State aid or a co-investor.
  5. Member States shall establish a body to coordinate access requests to public sector physical infrastructure and provide legal and technical advice.
  6. Network operators and public sector bodies must publish minimum information via a single information point in electronic format by 12 months after entry into force.
  7. Competent authorities must grant or refuse permits within three months, extendable by up to three months in exceptional, duly substantiated cases.
  8. Rights of way required alongside permits must be granted within three months; silence means the permit is deemed granted, and operators may request confirmation.
  9. Permits may be renewed without additional procedures for operators unable to start or finish work, and repair, maintenance or minor upgrades need no permit.
  10. The Commission must adopt an implementing act listing deployment categories exempt from permits by 12 months after entry into force.
  11. National dispute settlement bodies must decide access disputes within three months and other disputes within one month, extendable by up to one month.
  12. Regulation (EU) 2015/2120 would be amended to ban retail surcharges for regulated intra-EU communications above domestic tariffs, with BEREC guidelines by 6 months after entry into force.

Who is affected

  • Operators deploying very high capacity networks: benefit from shorter permit deadlines and access rights.
  • Tower companies and providers of associated facilities: included in the rules and protected in land access negotiations.
  • Public sector bodies owning infrastructure: must meet access requests and coordinate through a designated body.
  • Owners of private commercial buildings: may have to grant access in limited areas.
  • Consumers making intra-EU calls: would no longer pay surcharges above domestic tariffs.

Figures and deadlines

  • 12 months after entry into force: deadline for publishing minimum information via single information points.
  • Three months: deadline for granting or refusing permits, extendable by up to three months.
  • Three months: deadline for granting rights of way required alongside permits.
  • 12 months after entry into force: deadline for the Commission implementing act on permit-exempt categories.
  • 9 months after entry into force: deadline for Member States to adopt standards or technical specifications.
  • Three months: deadline for dispute settlement on access to physical infrastructure.
  • One month: deadline for dispute settlement on transparency, civil works coordination and land access.
  • 6 months after entry into force: deadline for BEREC guidelines on intra-EU communications.

Legal basis: Article 294(2) and Article 114 of the Treaty on the Functioning of the European Union.