Changes from report parliamentary committee draft to plenary report

The deployment of very high capacity networks is the cornerstone of the digital economy of the Union and is fundamental for ensuring a digital society in which every citizen and business is able to benefit from the digital rights. The latest developments in AI, cloud computing, and big data could provide smarter, more flexible and more innovative services. In order to be able to harness the full potential, ubiquitous and resilient high-speed connectivity infrastructure that meet the demands for faster, more reliable and data-intense connectivity are crucial. However, the current Broadband Cost Reduction Directive has failed to achieve its network deployment ambitions and challenge the possibility to reach the targets of the Digital Decade Programme. Fragmented rules and procedures across the EU, lengthy, burdensome and costly permit-granting procedures, difficulties in accessing public infrastructure, and lack of coordination and synergies have hindered the efforts to deploy fibre and 5G, and prevented operators from achieving economies of scale.

Therefore, the rapporteur strongly welcomes the Commission's proposal for a 'Gigabit Infrastructure Act'. This proposal is a step in the right direction that will facilitate and incentivise the deployment of very high capacity networks. The report emphasises the importance of establishing harmonised minimum requirements in a Regulation since it has been established that the current Directive has not delivered as expected on its objectives. The Regulation will also allow flexibility for Member States, taking into account their specific needs, but also the possibility to exceed these requirements, particularly if they aim to be more ambitious. At the same time, the report acknowledges the existence of good practices in several countries and highlights the need to incentivise the use of and learn from these examples.

This report also proposes the following changes to the Commission's proposal:

Expanded Access to Physical Infrastructure

In an effort to bridge the digital coverage gap between rural and urban areas, the rapporteur proposes, in limited conditions, to expand the obligation to facilitate access to physical public infrastructures to privately owned commercial buildings. This expansion aims to provide coverage in rural, remote, or scarcely populated areas where no public building or infrastructure can offer a satisfactory alternative.

Shorter Timelines

Recognizing the need for efficient and timely decision-making processes, and based on current practices in different Member States, the rapporteur believes that the Regulation should establish shorter timelines for granting permits, coordinating access requests and dispute settlement proceedings.

Inclusion of towers

The rapporteur supports the inclusion of operators of associated facilities (tower companies) in this Regulation. Since they will play a pivotal role in the deployment of high-speed wireless electronic communication networks especially in rural and sparsely populated areas or transport corridors, tower companies should be able to benefit from fast permit-granting procedures, similar to those for fibre. To ensure continuity of services and minimise disruptions, the report recommends protecting tower companies against potential speculative behaviour by ensuring that owners of land, where a tower is already installed or for which a permit has already been granted, will negotiate on fair and reasonable terms with the tower company. Regarding the obligation to provide fair and reasonable access to operators, the report suggests that price guidelines should consider the specific business model and circumstances of the tower industry.

Joint Coordination and Single Information Point

To streamline administrative procedures and prevent unnecessary delays, the report calls for enhanced coordination between competent authorities responsible for coordinating access requests. A designated body is introduced for the permit-granting procedure, when more competent authorities are involved in the granting of a permit request. The rapporteur strongly believes that this joint coordination will improve efficiency, transparency and reduce administrative burden for the operators. Additionally, the report welcomes the digitalization of procedures and emphasises the importance of establishing a Single Information Point that capitalises on best practices from Member States. This centralised and easily accessible source of information would further enhance efficiency.

Enhanced role of the stakeholders, BEREC and relevant Union agencies and bodies

The rapporteur acknowledges the inevitable role of the industry in the development of standards, technical specifications and guidelines. In this regard, the rapporteur advocates for the active inclusion of the stakeholders' community in the development process. Taking into consideration the specificity of the telecommunications sector, the report also highlights the need to take into account the input of BEREC.

Intra-EU Calls

To protect citizens from excessive prices, retail charges for intra-EU calls are currently capped by the EU Regulation (2015/2120). Despite the fact that these caps are set to expire in May 2024, the European Commission did not yet provide a clear way forward. In the assessment report, the European Commission has recognized that at this point in time, it is hard to reassure that the retail prices for intra-EU communications would not increase if the measures that expire on 14 May 2024 were not to be extended. In this context of uncertainty, the rapporteur believes that action should be taken and fees on intra-EU calls should be abolished entirely. This is a significant step that would not only foster intra-EU communications and exchanges, but would also allow us to create a true single market for digital and telecommunication services in the EU. A first step was taken back in 2017, with the abolishment of roaming fees and the rapporteur aims to work further towards eliminating barriers for the intra-EU calls. Since the Gigabit Infrastructure Act may serve as the appropriate legislative vehicle to regulate intra-EU calls before the current provisions expire, the rapporteur suggests including a specific amendment in this regard that reiterate the Parliament’s position as adopted in the report A9-0286/2021 on 15 March 2021.