This study was commissioned by DG Connect, European Commission to provide support for the preparation of the Impact Assessment regarding access provisions in the planned Digital Networks Act (DNA).
It deals with the Review of Access Regulation under the European Electronic Communications Code (EECC) and an analysis of future access policy in full fibre environment - including annexes relating to evaluation and detailed analysis of access-related policy measures, stakeholder and quantitative impact assessments.
In addition to desk research, the analysis was based on an extensive set of data provided by NRAs as well as responses to an online stakeholder survey, 29 interviews and written responses from stakeholders and financial investors to a targeted questionnaire.
Key findings are that, in the coming years, consumers and businesses (including SMEs) will be increasingly reliant on high quality connectivity requiring Fibre-to-the-Home (FTTH). However, there is a significant shortfall in FTTH deployment in certain countries and even where FTTH is available, Gigabit offers have not always been provided at an affordable price. Key challenges have been the persistence of legacy copper networks which limit take-up of FTTH and undermine the business case. In addition, a lack of consistent best practice wholesale offers on FTTH may have limited competition in quality, hampering the availability of affordable Gigabit services.
The study concludes that the preferred option to address these challenges would be to require Member States to ensure that copper switch-off starts by the end of 2030, if certain conditions regarding FTTH coverage and retail pricing are met. While SMP regulation will remain relevant to address competition problems in certain areas, greater emphasis should also be given to the possibility for NRAs to adopt symmetric access measures (under Article 61(3) EECC) as a complement or (in certain situations) alternative to SMP regulation. Before copper switch-off starts, NRAs should conduct a comprehensive market review covering connectivity for both consumers and businesses to support migration and ensure that access regulation is adapted to the market situation that will prevail following switch-off. The study also recommends aligning wholesale access product specifications to focus on FTTH physical and virtual unbundling, as well as supporting adequate quality guarantees for business access.
