The digital vision of the EU is ambitious. Acknowledging the importance of high-speed internet, the targets set out by the European Commission and endorsed by the EU member states aim to ensure access to high internet speeds for all European households, and access to speeds of more than 100Mpbs for over half of the European population by 2020.
The EU’s digital agenda in this regard seeks to achieve a digital single market based on fast and ultra fast internet, which has been identified as a key enabler of economic growth.
New measures have been introduced at European level designed to reduce the costs of broadband deployment in the EU territory. In particular, the new rules require member states to take steps through the implementation of an EU directive to facilitate the roll-out of high speed broadband.
The directive sets out new obligations on the building industry. Accessible in-building physical infrastructure suitable to receive high-speed broadband by all broadband network providers must be in place. Ducts and other equipment that can host high-speed networks are to be incorporated into the building design and construction. Multi-dwelling buildings, such as apartment complexes, shall be equipped with an access point, through which all communication network operators may access the in-building infrastructure, and empty ducts are to be provided from every dwelling to the access point, located in or outside the multi-dwelling building. These measures seek to ensure that network providers can install cabling or other active equipment quicker and at significantly lower costs, allowing them to offer their services faster and to more households.
The directive’s rules need to be factored into the planning and design processes for new and renovated buildings as from next year. All new buildings and those undergoing major renovation – for which applications for building permission will have been submitted after the end of 2016 – must be equipped with infrastructure intended to host broadband internet with speeds in excess of 30Mbps. In addition, every public communications network provider has the right to access in-building physical infrastructure in order to roll-out its network at its cost up to the access point.
Buildings... must be equipped with infrastructure intended to host broadband internet with speeds in excess of 30Mbps
Member states are entitled to provide exemptions for categories of buildings where this would lead to disproportionate costs, such as buildings in isolated areas where the prospect of high-speed connection is considered objectively too remote to justify equipping a building with high-speed ready infrastructure or an access point. There may also be specific types of buildings that can be exempted, such as historic buildings, monuments, military buildings, or vacation homes. Such exemptions must be notified to the European Commission and stakeholders must be given the opportunity to comment on any draft exemption that the member state concerned seeks to implement.
In order to help prospective buyers and tenants identify buildings equipped with next generation broadband infrastructure, the directive envisages a voluntary ‘broadband-ready’ label for buildings.
The directive requires that national planning authorities streamline the planning process by ensuring that decisions on whether or not to grant permit requests concerning broadband-related civil works are taken within a four month timeframe and all relevant information concerning the conditions and procedures for granting permission is to made available through a single information point. Where appropriate, member states must provide for the right of providers that suffer damage due to the delay of a competent authority to grant permits within the applicable deadlines to receive compensation.
The directive implements other significant broadband-related measures. One such rule relates to access to existing utilities and communications physical infrastructure such as electricity, water or telecoms, under fair and reasonable terms consistent with the normal exercise of property rights.
This obligation requires such networks to meet all reasonable requests for access to certain parts of their networks, such as pipes, ducts, inspection chambers, manholes, poles or towers. The right of access to existing infrastructures seeks to ensure more efficiency for electronic communications network operators, in particular new entrants, through the reuse of existing physical infrastructures, in order to roll out electronic communications networks. This will also have the positive effect of reducing the need for civil works, thus reducing pollution, nuisances and traffic congestion.
The directive must be implemented by member states by January 1, 2016.
jgrech@demarcoassociates.com
Josette Grech is an adviser on EU law at Guido de Marco & Associates.