BEREC Provides Early Assessment of the Digital Networks Act, Welcoming Ambition While Highlighting Areas for Improvement
The Body of European Regulators for Electronic Communications (BEREC) today published its early assessment of the European Commission’s proposal for a Digital Networks Act (DNA). BEREC welcomes the overarching ambition to modernise the regulatory framework for Europe’s connectivity sector and to support resilient, sustainable and high quality digital networks. At the same time, BEREC identifies important areas where further refinement is needed to ensure that the DNA strengthens, rather than complicates, Europe’s internal market for electronic communications.
BEREC stands ready to provide its regulatory expertise in order to avoid undue complexity or uncertainty and to ensure that the final framework delivers a competitive, connected and resilient digital Europe.
BEREC welcomes the updated objectives introduced by the DNA, including resilience, sustainability, in addition to the existing objectives addressed by the European Electronic Communications Code. While BEREC supports the ambition to strengthen the competitiveness of the EU digital sector, it highlights that this can only be achieved through an effective and robust competition framework. It further notes that the proposal introduces elements of greater centralisation that require further clarification to ensure they contribute effectively to a well functioning internal market.
While BEREC recognises the Commission’s intention to streamline the General Authorisation procedures, the proposed Single Passport mechanism raises concerns from several perspectives. In particular, by concentrating significant enforcement responsibilities in the Member State of first notification, the system risks forum shopping, uneven supervisory burdens and slower enforcement. Overall, BEREC considers that the proposal could introduce greater operational complexity, administrative burden and legal uncertainty, without offering clear benefits over the current straightforward authorisation regime.
BEREC also notes that the DNA proposes major changes to spectrum management, including treating spectrum as an EU‑level resource and introducing common rules for fees, long‑duration rights and satellite authorisation. While these measures aim at harmonisation, BEREC warns that the proposed single market procedure, which includes a Commission veto, signifies a notable trend towards centralisation and raises certain concerns.
BEREC also cautions that some proposals in particular the introduction of unlimited license duration and automatic renewals, risk favouring existing rights holders and reducing market contestability. On the other hand, it welcomes it proposed role in the market shaping aspects of spectrum assignment. On satellite authorisation, BEREC supports EU coordination but stresses the need for alignment with ITU‑R rules.
The DNA’s move to treat numbering resources as a common Union asset introduces a more centralised approach, and while BEREC sees potential benefits in greater harmonisation, it notes that key concepts—such as an EU wide numbering plan and pan European numbering ranges—require further clarification. BEREC also considers that additional analysis of demand, use cases and operational impacts would help ensure that any new framework is aligned with the needs of end users, operators and regulators.
BEREC welcomes the preservation of the Significant Market Power regime, a cornerstone of the EU regulatory model, alongside the continued availability of symmetric access tools. Nonetheless, several DNA proposals, including new sequencing rules for remedies, the potential removal of the Recommendation on Relevant Markets, and expanded Commission veto powers could reduce the ability of NRAs to address national market needs.
BEREC supports the goal of enabling a smooth transition from copper to fibre networks and recognises improvements made to reflect national progress. Nonetheless, competition neutral implementation, clarity on compensation rules, and the treatment of in building wiring the final switch off phase without sustainability conditions remain key issues requiring further development.
BEREC welcomes the continued commitment to net neutrality and transparency obligations. At the same time, the narrowing of the end user protection scope and limitations on Member States’ ability to maintain or introduce stricter measures pose risks to consumer rights, accessibility and affordability. BEREC also notes significant changes to the Universal Service framework that merit deeper examination to avoid unintended gaps in coverage.
BEREC welcomes the DNA’s proposal to clarify and harmonise the core tasks of national regulatory authorities, noting that a more coherent set of responsibilities can strengthen cooperation and consistency across the EU. The draft legislation also assigns BEREC new roles, including contributing to EU level merger assessments, to the new objective of preparedness and resilience, issuing guidance on ecosystem cooperation between connectivity and adjacent digital sectors, and working more closely with the new Radio Spectrum Policy Body.
At the same time, BEREC highlights the importance of safeguarding the independence of both NRAs and BEREC itself, stressing that proposed institutional changes must not dilute the existing technical expertise and autonomy that underpin the current two tier structure. BEREC emphasises that any reinforcement of the Office of Digital Network’s support function should enhance, rather than limit, NRAs’ collective autonomy in shaping, based on expertise gained on the ground, regulatory positions and ensuring balanced, effective decision making.