Gigabit Infrastructure Act aims to increase connectivity in the EU

The GIA not only focuses on the roll-out of fast fixed networks such as fibre optics, but strives to accelerate the roll-out of fast mobile networks such as 5G by facilitating the shared use of physical infrastructures. This proposal revises and replaces the Broadband Cost Reduction Directive (BCRD) from 2014. In its Impact Assessment report ahead of the proposal's publication, the Commission concluded that the Directive only partly met its operational objectives and that further action is needed.

Associated facilities and physical infrastructure

An important element is that the GIA not only covers access provisions for network operators of electronic communications networks but also providers of so-called associated facilities, pursuant to the definition in the European Electronic Communications Code (EECC). Associated facilities include “associated services, physical infrastructures and other facilities or elements associated with an electronic communications network or an electronic communications service which enable or support the provision of services via that network or service, or have the potential to do so, and include buildings or entries to buildings, building wiring, antennae, towers and other supporting constructions, ducts, conduits, masts, manholes, and street cabinets.” The definition of physical infrastructure is also expanded in the GIA compared to the BCRD. This now also includes infrastructure owned by public institutions, such as local authorities. It encompasses buildings or entries to buildings and any other asset, including street furniture such as light poles, street signs, traffic lights, billboards, bus and tramway stops and metro stations.

Increasing transparency requirements

The proposal introduces new measures to increase the transparency of existing physical infrastructure. For example, the proposal contains an information obligation for owners of public infrastructure to make minimum information about the physical infrastructure available through the so-called single information point (SIP). Furthermore, revised and stricter rules are introduced for the coordination of planned civil works. These measures are not new compared to the Broadband Directive, but they have been considerably expanded in terms of scope and application. For example, information about planned civil works in the proposal must be made digitally available by the network provider via the SIP at least three months prior to the first permit application. This is of particular interest with regard to parallel roll-out of very high-capacity networks (VHCNs).

Permit procedures

New measures are also being introduced with regard to permitting procedures for the roll-out of VHCNs and associated facilities. Permit procedures must be made consistent on a national level and need to be fully accessible via the SIP. The GIA introduces a so-called lex silentio: if a decision on the permit application is not taken within four months, it will be granted automatically. Another key element of the proposal is that the European Commission will designate, by implementing act, categories for the construction of parts of VHCNs and associated facilities that may be constructed without a permit. No licensing requirements may be set for these categories in the Member States, not even at local level. Network operators will be supportive of the Commission’s proposal that permits (other than rights of way), required for the deployment of elements of VHCNs or associated facilities, shall not be subject to any fees or charges going beyond administrative costs.

Additionally, a “fibre-ready label” will be introduced to provide insight into whether a building meets the requirements for easy installation of VHCNs such as fibre optics. The issuing of building permits for new buildings will be made dependent on the presence of this label. To achieve this, Member States should lay down the relevant technical specifications in national legislation.

In order to make network information more accessible, new requirements are set for the digitisation of the SIP. All information regarding (access to) existing physical infrastructure, planned civil works, and permit procedures must be accessible via the SIP. According to the proposal, there may be several SIPs, as long as there is a single national digital access point linking these information points.

Finally, next to additional dispute settlement arrangements, Member States must lay down rules on adequate financial compensation for persons suffering damage as a result of the exercise of the rights provided for in the Regulation. The Commission proposes that the Regulation applies six months after its entry into force. Member States may maintain or introduce measures which contain more detailed provisions than those set out in the Regulation.

Next steps

The Council and the European Parliament will now begin in the coming weeks to discuss and amend the proposal. In the Parliament, the Industry, Research and Energy (ITRE) Committee will take the lead on the file, but it is not yet clear which political party will have the opportunity to appoint the main draftsperson (“rapporteur”).

For more information, please contact Feyo Sickinghe

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