Draft BEREC Report on Member States’ best practices to support the defining of adequate broadband internet access service

The availability of an adequate and reliable broadband internet access service is today a crucial enabler for participation in the digital economy and society. With the adoption of the Directive 2018/1972 establishing the European Electronic Communications Code (EECC), it became part of the universal service as a measure to ensure digital and social inclusion.

The EECC includes the provision of an adequate broadband internet access service, including the underlying connection at a fixed location, within the scope of the universal service. In accordance with Article 84 of the EECC, each Member State is required to define what constitutes an adequate broadband internet access service for its jurisdiction, in light of national conditions and the minimum bandwidth enjoyed by the majority of consumers, with a view to ensuring the bandwidth necessary for social and economic participation in society.

In 2020, BEREC published the first report on Member States’ best practices to support the defining of adequate broadband internet access service (document reference BoR (20) 99). Article 84(3) of the EECC states that the report shall be updated regularly to reflect technological advances and changes in consumer usage patterns. The minimum set of services which the adequate broadband internet access service must be at least capable of supporting are outlined in Annex V of the EECC.

The report covers the following:

• The policy principle - Article 84 of the Directive (EU) 2018/1972;
• Relevant experience that BEREC can focus on;
• State of play of the definition of adequate broadband in the context of universal service (definition, methodology used in defining the adequate broadband internet access service, obligations, funding, monitoring, and compliance);
• Challenges indicated by MSs;
• Conclusions.

The report has been drafted in close cooperation with the European Commission, in particular, with regard to the data sources referenced in the report. While the previous report (BoR (20) 99) offered insight into the practices of nine MS that had introduced broadband under a USO prior to the transposition of the EECC, this report now provides the observations on the adequate broadband internet access service (as part of universal service) among 29 MS, which responded to a questionnaire issued in May 2023.

This draft report is a subject to public consultation.