March 14, 2016

The consultation was launched to help assess the current rules and to seek views on possible changes to the framework in light of market and technological developments, with the objective of contributing to the Digital Single Market Strategy.

The consultation gathered a total of 244 replies from stakeholders in all Member States as well as from stakeholders from outside the EU.

The consultation covered a general evaluation of the current framework as well as a more detailed evaluation and review of specific elements of the framework: (i) network access regulation; (ii) spectrum management and wireless connectivity; (iii) sector-specific regulation for communications services; (iv) universal service rules; and (v) institutional set up and governance.

The Commission has identified the following preliminary trends:

• connectivity was broadly recognised as the underlying driving force for the digital economy, underpinned by technological changes and evolving consumer and market demands;
• good connectivity was perceived as a necessary condition to achieve the Digital Single Market. Many respondents pointed to the need for policy measures and possible adjustments to current policy and regulatory tools to support the deployment of infrastructure in line with future needs;
• a number of responses asserted that the current regulatory framework does not advance the internal market. There was a general perception that the regulatory framework needs to be adjusted to fit current market dynamics;
• on spectrum, the importance of wireless connectivity and wireless broadband was acknowledged. In general, industry was supportive of a more co-ordinated approach and wants to see the development of new wireless and mobile communications, including 5G, throughout the EU;
• Member States generally underlined achievements in the field of technical harmonisation and the need for additional coordination to be from the bottom-up and voluntary; some called for a better balance between harmonisation and flexibility. There was general recognition of the importance of flexible access and use of spectrum in the future;
• several Member States saw the need for updating telecoms rules for reasons varying from the need to promote investment in next-generation infrastructures to the need to respond to technological and market changes. There were also calls for more flexibility in and simplification of those rules;
• whereas traditional telecom companies considered that short-term economic gains have been preferred to long-term investment and innovation, alternative operators, BEREC, and consumer organisations considered that the framework has largely delivered on its current objectives;
• telecoms users were generally in favour of the current access regulation, while some considered that the emphasis should be put on service competition rather than on the underlying infrastructure; they said that the sharing of infrastructure should be emphasized;
• the vast majority of respondents said that the review is an opportunity to reconsider the universal service regime. Member States saw the need to maintain universal service, with flexibility at Member State level on funding and application to broadband.  BEREC supported maintaining the current range of Universal Service Obligation instruments;
• while some Member States, the regulatory community and consumer organisations saw a need for a sector-specific end-user protection based on high-level minimum harmonisation, the telecoms sector called for more reliance on horizontal legislation and full harmonisation, especially for services. The telecoms sector in general, but also some Member States, argued that the same rules should apply to similar services while others, such as “Over-The-Top” players, software and equipment vendors, cable operators and some broadcasters were of the view that the concept of electronic communications services as currently defined has proven itself; and
• while the continuing role of national regulatory authorities and spectrum management authorities was widely acknowledged, a large group of respondents highlighted that the institutional set-up at EU level should be revised to ensure legal certainty and accountability.

The Commission is now analysing in depth the replies to the consultation.  A full report will be published in due course.  The results will feed into the design and the implementation of EU policy and potential new regulation.  For further information, click here.