Fixed Network Evolution

Directive (EU) 2018/1972 of the European Parliament and of the Council of 11 December 2018 establishing the European Electronic Communications Code - the EECC - has, amongst others, the general objective to promote the deployment and take-up of Very High Capacity Networks (VHCNs). These networks have enormous potential to deliver benefits to consumers and businesses across the EU. The projects BEREC Fixed Network Evolution Working Group (FNE WG) typically contribute to this objective. The area of expertise of the FNE WG is the continuous evolution of fixed electronic communications networks which include, for example, the rollout of fibre closer and closer to the consumers, the deployment of new access technologies, migration of customers to those new networks and the related switch-off of legacy networks, state aid for broadband networks and the facilitation of networks deployment under the new Gigabit Infrastructure Act (GIA).

Working Group Co-chairs

François Weber

Arcep, France

Alexander Thelen

BNetzA, Germany

Work in 2025

In 2025, the FNE WG will continue working on related topics based on the Body of European Regulators for Electronic Communications (BEREC) Work Programme 2025.

Update of criterion 3 of the BEREC Guidelines on very high capacity networks

The BEREC Guidelines on Very High Capacity Networks define four criteria, and any network that meets at least one of these criteria is considered to be a VHCN. Criteria one and two result directly from the definition of the term “Very High Capacity Network” in the EECC (Article 2(2)), while criteria three and four are also based on this definition but also on data collected from network operators. Criteria three and four provide that any network providing a fixed-line connection (Criterion three) or wireless connection (Criterion four) which is capable of delivering, under usual peak-time conditions, services to end-users with a certain quality of service (performance thresholds for criteria three or four) is considered to be a VHCN.

According to Article 82 of the EECC, “BEREC shall update the guidelines by 31 December 2025, and regularly thereafter”. Therefore, the objective of this project is to update Criterion three based on data to be collected from fixed network operators. This data collection needs to start already in 2024 to complete the project in 2025. BEREC already updated Criterion four in 2023 (BoR (23) 164), and criteria one and two do not need to be updated, as they do not depend on technological developments.

Progress Report on managing copper network switch-off

In Article 81, the EECC lays down rules for the migration from legacy infrastructure and the decommissioning of the copper-based access networks. According to these provisions, the Significant Market Power operators have to notify the National Regulatory Authority (NRA) in advance and in a timely manner when they plan to decommission parts of the network. The NRA has to ensure that the decommissioning process includes a transparent timetable and conditions, including an appropriate notice period for transition, and the NRA also has to establish the availability of alternative products of at least comparable quality if necessary to safeguard competition and the rights of end users.

The objective of this project is, therefore, to examine the progress made by the NRAs and the lessons learned so far in order to best prepare for the copper switch-off phase, when significant or most parts of the copper access network will be switched off. The project will be based on previous examinations, the BEREC internal workshop on the migration to VHCN networks and copper switch-off with a focus on the needs of the end-users in September 2023, the BEREC Report on a consistent approach to migration and copper switch-off published in 2022 and the BEREC internal workshop on migration from legacy infrastructures to fibre-based networks in 2019.

BEREC Guidelines on the coordination of civil works according to Art. 5(6) of the Gigabit Infrastructure Act

On 23 February 2023, the European Commission (EC) published its legislative proposal for a Gigabit Infrastructure Act (GIA), which will repeal the Broadband Cost Reduction Directive (BCRD). The GIA aims at facilitating and stimulating the roll-out of VHCNs so that such networks can be rolled out faster and at a lower cost, in particular, given a growing demand for faster, more reliable data-intensive connectivity and as an important tool to achieve the 2030 EU connectivity targets on gigabit connectivity. After the publication of the EC proposal of the GIA, BEREC performed an in-depth analysis and adopted its analysis of the GIA on 16 May 2023 and engaged subsequently with the European Parliament (EP), the Council, and the EC to present its analysis and to help to further improve the legislative proposal. The Co-Legislators have agreed to task BEREC with the provision of Guidelines on key provisions of the GIA, i.e. on civil works coordination set out in Article 5 (6).

The objective of this project is to prepare BEREC Guidelines on the coordination of civil works according to Article 5(6) of the GIA. These BEREC Guidelines will be prepared based on several inputs, including:

BEREC Guidelines on access to in-building physical infrastructure according to Article 11(6) of the Gigabit Infrastructure Act

In a similar manner to the preceding item, the Co-Legislators have agreed to task BEREC with the provision of Guidelines on key provisions of the GIA, i.e. on access to in-building physical infrastructure set out in Article 11(6).

The objective of this project is to prepare BEREC Guidelines on the terms and conditions for access to in-building physical infrastructure, including the application of fair and reasonable terms and conditions and criteria for the settlement of disputes by the DSB according to Article 11(6) of the GIA. These BEREC Guidelines will be prepared based on several inputs, including:

BEREC Input to European Commission’s Guidance on Article 3 of the Gigabit Infrastructure Act

Article 3 of the GIA contains rules for access to existing physical infrastructure, including the scope of access, access conditions including prices and rights to refusal of access. According to Article 3(13), the EC may, "after consulting stakeholders, the national dispute settlement bodies and other competent Union bodies or agencies in the relevant sectors as appropriate and taking into account well-established principles and the distinct situation across Member States, in close cooperation with BEREC, provide guidance on the application of Article 3”.

The EC confirmed its intention to issue such guidance, even though the timing, content, and level of involvement of BEREC are still to be defined. BEREC is prepared to work in close cooperation with the EC and provide expertise as required, depending on what topics the EC will choose to focus on.

Why is this important?

BEREC is committed to supporting the ambitious European Union (EU) connectivity targets for 2030, set out in the Digital Decade Policy Program. Achieving these targets will require the speeding up of VHCN deployment across Member States. The GIA serves as one important instrument to achieve these targets as it aims to roll out VHCNs faster and at lower cost. The EC State aid Guidelines for broadband networks, also analysed by the FNE WG, are another instrument to achieve the EU connectivity targets for 2030, as in certain areas the roll out of VHCNs may need public funds. VHCNs strengthen the international competitiveness of the EU, support innovation in content-rich internet services and have enormous potential to deliver benefits to consumers and businesses. Finally, rules related to migration and copper switch-off can at the same time facilitate the uptake of VHCN and thereby enable customers to utilize advanced services and ensure a pro-competitive market development.