EU ANTITRUST: HOT TOPICS & NEXT STEPS

EU ANTITRUST: HOT TOPICS & NEXT STEPS 2022

Prague, Czechia

2021). In order to achieve these goals, in its recommendation of 18 September 2020 (European Commission 2020c) the European Commission required the Member States to develop a common set of tools primarily to: ensure timely and investment-friendly access to 5G radio spectrum; implement timely spectrum allocation procedures for pioneering 5G network bands; streamline the issuance of permits necessary for the construction of very high capacity networks; develop best practices for enabling operators to access technical infrastructure (including buildings and street infrastructure elements) controlled by public entities. In the case of 5G networks, in order to meet the IMT-2020 requirements for gigabit data rates as well as low latency, 5G network transmitters must be fully supported by networks with very high capacity (BEREC 2020a), e.g. fibre. This applies both to macrocells (range of up to several km) in rural and suburban areas and for microcells (range of up to 2 km) in urban centres (Ministry of Digital Affairs 2018). For these upgrades to take effect, new technological solutions and large investments are required. According to ETNO (European Telecommunications Network Operators’ Association 2021) estimates, the total investment required between 2020 and 2027 to unlock the full value of 5G is € 300 billion (i.e., estimated costs of € 150 billion to upgrade fixed infrastructure to gigabit speeds, and another € 150 billion to build the full infrastructure to enable 5G). These figures suggest that the deployment of 5G is a financial challenge for telecom operators due to the necessary investments in infrastructure – higher than for previous generations of mobile telephony. In this context, the sharing of infrastructure and spectrumbetween operators and the regulation of network access are key issues with an impact on the reduction of 5G deployment costs and creation of a legal environment that encourages investment. The main EU legal instrument governing these issues is the European Electronic Communications Code (EECC 2018). According to the Commission’s Communication 5G for Europe: An Action Plan (2016), this piece of legislation is intended to support the deployment and uptake of 5G networks, particularly with regard to radio spectrum allocation, as well as to create investment incentives and favourable framework conditions. 3.2 The current EU model of regulation of the electronic communications sector and the deployment of very high capacity networks One of the objectives of the EECC, in addition to those already mentioned in the regulatory framework of 2002 (Telecoms Package, 2002) – i.e., promoting competition, contributing to the development of the internal market, promoting the interests of the citizens of the Union – is the rollout of very high capacity networks to benefit end-users (Article 3(2)a of the EECC). According to Article 2(2) of the EECC the term ‘very high capacity network’ means either an electronic communications network which consists wholly of optical fibre

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