“Look, if you had one shot or one opportunity to seize everything you ever wanted in one moment, would you capture it or just let it slip?” asks Eminem in his song “Lose Yourself”. This year might provide just one of those once-in-a-life time opportunities for EU telecom law.

Many stakeholders have been calling for a reform of EU telecom law for some time, venting their frustration at the EU legislature. Earlier this month, finally, the European Commission launched a public call for input on the review of the EU Electronic Communications Code (EECC) and the adoption of a new Digital Networks Act (DNA), which could replace the EECC (and other regulatory instruments) entirely.

The European Commission (and specifically the Directorate‑General for Communications Networks, Content and Technology, Unit B1) believes that: “as laid out in the Letta, Draghi and Niinistö reports, and in the Commission’s Communication A Competitiveness Compass for the EU, a cutting-edge digital network infrastructure is critical for the future competitiveness of Europe’s economy, security and social welfare” and “a modern and simplified legal framework … is key”. Such a regulatory change was first explored in the Commission’s 2024 White Paper “How to master Europe’s digital infrastructure needs?” (see our thoughts on the white paper here: The European Commission Publishes a New Master Plan for Europe’s Digital Infrastructure)

The new public call for input now gives more colour to the Commission’s plans on the proposed DNA, which is likely to focus on the following potential areas for reform:

1. Simplification – The DNA could aim to:
   • Reduce existing reporting obligations (up to 50%) and to remove unnecessary regulatory burdens (e.g. requirements for providers of business-to-business services and IoT services) and re-focusing Universal Service obligations on affordability aspects;
   • Repeal and recast various related legislative instruments (e.g. EECC, BEREC Regulation, Open Internet Regulation, Radio Spectrum Policy Programme);
   • Introduce a simplified authorisation regime and a reduced and more harmonised set of common authorisation conditions, so that operators can more easily operate cross-border, and further coordination and common implementation of other applicable requirements for providers (e.g. security and law enforcement);
   • Harmonise end-user protection rules;
   • Create a more fertile ground for pan-European / cross-border telecom consolidation.
2. Spectrum – The DNA could propose:
   • To strengthen the peer review procedure, ensure timely authorisation of spectrum on the basis of an evolving roadmap and set common procedures and conditions for the national authorisation of spectrum;
   • Longer license duration and easier renewals, and to gear spectrum auction designs towards spectrum efficiency and network deployment as basis for the early introduction of 6G;
   • Flexible authorisation including spectrum sharing (in line with EU competition law principles) and facilitate requests for spectrum harmonisation;
   • To reinforce EU sovereignty and solidarity regarding harmonisation of spectrum, and when addressing cross-border interferences from third countries; and
   • To establish a level playing field for satellite constellations used for accessing the EU market. Separately, the European Commission is also running a parallel call for input on the review of the EU regulatory framework for licensing mobile satellite services (MSS) spectrum.
3. Level Playing Field – the DNA could include:
   • Creating effective cooperation among the actors of the broader connectivity ecosystem (e.g. cloud services and infrastructure providers) giving the empowerment of NRAs/BEREC to facilitate cooperation (e.g. through a dispute resolution mechanism) under certain conditions and in duly justified cases; and
   • A clarification of the Open Internet rules concerning innovative services (such as e.g. network slicing and in-flight connectivity), e.g. by way of interpretative guidance, while fully preserving the Open Internet principles.
4. Access Regulation – the DNA could propose:
   • To apply ex-ante regulation (i.e. access conditions at national level) after the assessment of the application of symmetric measures (e.g. Gigabit Infrastructure Act or other forms of already existing symmetric access) only as a safeguard, following a market review based on the existing three criteria test and a geographic market definition, and subject to the review of the Commission, BEREC and other NRAs, with the Commission retaining veto powers;
   • To simplify and increase predictability in the access conditions by introducing a pan-EU harmonised access product(s) with pre-defined technical characteristics, which would be a default remedy imposed on operators with significant market power if competition problems were identified; and
   • To accelerate copper switch-off by providing a toolbox for fibre coverage and national copper switch-off plans, and by setting an EU-wide copper switch-off date as default, along with a derogation mechanism to protect end-users with no adequate alternatives.
5. Governance: in order to reinforce the Single Market dimension, the DNA could consider an enhanced EU governance with sufficient administrative and regulatory capacity (consultative or decision-making competences), through enhancing respective roles of BEREC, BEREC Office and RSPG to address various pan-European tasks and further the digital single market.

The Commission is consulting widely to gather information and ensure that the public interest is well reflected in the design of the DNA. In addition, multiple consultation activities have been already carried out in Brussels and at national level, including through three studies commissioned to external consultants, covering the following areas:

• Regulatory enablers for cross border networks/ completing the single market;
• Access Policy including review of the Relevant Markets Recommendation, and review of access provisions of the EECC; and
• Financing issues, including the future of the Universal Service.

As integral part of the studies, further interaction with stakeholders is envisaged through e.g. interviews, questionnaires and workshops in Brussels. The final report of the studies is planned to be published once finalised in Q4 2025 together to the impact assessment of the detailed proposals for the DNA.

However, EU member states remain skeptical about the Commission’s more ambitious plans to overhaul telecom rules, especially when it comes to simplification, governance and management of national resources (such as spectrum and numbering). Therefore, the Commission is keen to engage, as appropriate, also with BEREC and the RSPG, and through ad hoc workshops with national authorities at member state level.

The deadline for responding to the call for input is 11 July. This provides the last official opportunity to try to influence the Commission’s thinking before the publication of the detailed proposals for a new EU telecom law because the EU Commission is not planning another official public consultation before publishing the DNA proposal… would you capture it or just let it slip?