Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on measures to reduce the cost of deploying high-speed electronic communications networks
Date: 2013-03-26
Institutions: European Commission
Subjects: engineering structure, industrial cooperation, investment cost, trans-European network, transmission network

EUROPEAN 
COMMISSION 

Brussels, 26.3.2013  
COM(2013) 147 final 

2013/0080 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on measures to reduce the cost of deploying high-speed electronic communications 
networks  

(Text with EEA relevance) 

{SWD(2013) 73 final} 
{SWD(2013) 74 final} 

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EXPLANATORY MEMORANDUM 

This  explanatory  memorandum  presents  the  proposal  for  a  Regulation  of  the  European 
Parliament  and  of  the  Council  on  measures  to  reduce  the  cost  of  deploying  high-speed 
electronic communications networks. 

1. 

CONTEXT OF THE PROPOSAL 

1.1. 

Objectives of the Proposal 

The objectives of the proposed Regulation are to reduce the cost and enhance the efficiency of 
deploying  high-speed  electronic  communications  infrastructure  by  scaling  up  existing  best 
practices across the EU, thus improving the conditions for the establishment and functioning 
of  the  internal  market  in  an  area  supporting  the  development  of  virtually  all  sectors  of  the 
economy. 

In fact it is widely agreed that civil engineering works constitute the dominant part in overall 
network deployment costs1, regardless of the technology used, with estimates as high as 80% 
for certain technologies. 

Providing a number of directly applicable rights and obligations applicable across the various 
steps  of  infrastructure  deployment  can  lead  to  significant  cost  reductions.  Barriers  to 
investment and market entry can be lowered by allowing for more intensive usage of existing 
physical  infrastructures,  enhanced  cooperation  on  planned  civil  works,  streamlining  permit 
granting procedures and by removing obstacles to high-speed-ready in-building infrastructure. 

This initiative therefore addresses four main problem areas: (1) inefficiencies or bottlenecks 
concerning the use of existing physical infrastructure (such as, for example, ducts, conduits, 
manholes,  cabinets,  poles,  masts,  antennae,  towers  and  other  supporting  constructions),  (2) 
bottlenecks  related  to  co-deployment,  (3)  inefficiencies  regarding  administrative  permit 
granting, and, finally (4) bottlenecks concerning in-building deployment. 

As  each  problem  area  is  linked  to  a  specific  step  in  the  rollout  process,  tackling  these 
problems  areas  together  will  result  in  a  set  of  coherent  and  mutually  reinforcing  actions.  A 
study estimates that if measures were taken to address the identified set of problem areas, the 
potential Capex savings to operators are in the range of 20–30% of total investment costs2, i.e. 
up to 63 billion € by 2020 3. 

In  order  to  maximise  synergies  across  networks,  the  regulation  is  addressed  not  only  to 
electronic  communications  network  providers  but  to  any  owner  of  physical  infrastructures, 
such  as  electricity,  gas,  water  and  sewage,  heating  and  transport  services,  suitable  to  host 
electronic communications network elements,  

1 
2 

3 

Analysys Mason, 2008, Analysys Mason 2012, WIK, 2008 
Analysys Mason, 2012, The estimation is based on the following assumptions: 25% of the deployment 
is in existing ducts, saving 75% in Capex for this part, 10% of the deployment connects the network to 
new housing developments, and co-deployment with other operators/utility companies is used, saving 
15–60%, and 5% of the deployment connects the network to pre-wired multi-dwelling units, saving 20–
60%. In addition, there will also be social, environmental, and economic benefits. 
The estimate is based on an investment scenario calculated as part of an extensive study by Analysys 
Mason and Tech4i2 ("The socio-economic impact of bandwidth", 2013). This study forecasts that the 
broadband DAE targets would be reached only under a major intervention scenario, namely 211 billion 
euro of NGA investment. In order to obtain potential savings, the indicated percentages were applied to 
his amount.  

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General context 

1.2. 
According  to  the  2010  report  on  the  Single  Market,4  telecommunications  services  and 
infrastructures  in  the  EU  are  still  highly  fragmented  along  national  borders.  A  more  recent 
report on the cost of non-Europe in the electronic communications sector 5 has shown that the 
untapped potential of the Single Market corresponds to a yearly amount of 0.9% GDP, or 110 
billion euros.  

High-speed  broadband  infrastructure  is  the  backbone  of  the  Digital  Single  Market  and  a 
precondition  for  worldwide  competitiveness,  i.a.  in  the  field  of  e-Commerce.  As  recalled  in 
the Single Market Act II Communication,6 a 10% increase in broadband penetration can result 
in  a  1-1,5  %  increase  in  the  GDP  annually  and  1,5%  labour  productivity  gains,7  and 
broadband-induced  innovation  in  companies  creates  employment  and  has  the  potential  to 
generate 2 million extra jobs by 2020.8 

A  significant  fraction  of  this  untapped  potential  can  be  found  at  the  level  of  network 
infrastructures: different regulatory approaches to network roll-out increase the cost of access 
to national markets, prevent the exploitation of economies of scale at services and equipment 
level  and  hinder  the  development  of  innovative  services  which  could  emerge  on  very  high-
speed networks running in a seamless fashion across borders. While the deployment of access 
networks often involves provisions and procedures administered at local level, such measures, 
including  local  secondary  legislation  may  indirectly  affect  the  freedom  to  provide  services 
and justify Union intervention9. Furthermore, based on Article 114 of the TFEU, the Union 
has previously legislated, in order to foster local network infrastructure deployment, through 
unbundling of the local loop10  

The  Union  cannot  afford  to  leave  citizens  and  businesses  outside  the  footprint  of  such 
infrastructures and has  subscribed  to  ambitious broadband targets of the Digital  Agenda  for 
Europe:  by  2013,  basic  broadband  for  all  Europeans,  and  by  2020,  (i)  access  to  speeds  of 
above  30  Mbps  for  all  Europeans,  and  (ii)  subscription  of  internet  connection  above  100 
Mbps  for  50%  or  more  of  European  households.  These  goals  will  only  be  achieved  if  the 
infrastructure deployment costs are lowered across the EU.  

4 

5 

6 
7 
8 

9 

10 

A  new  Strategy  for  the  Single  Market,  report  by  Mario  Monti  to  the  President  of  the  European 
Commission, 9 May 2010 
Steps  towards  a  truly  Internal  Market  for  e-communications  in  the  run-up  to  2020,  Ecorys,  TU  Delft 
and TNO, released on February 2012 
(COM (2012) 573) 
Booz and Company, Maximising the impact of Digitalisation, 2012 
Commission estimate based on national studies (Liebenau, J., Atkinson, R., Karrberg, P., Castro, D. and 
Ezell, S., 2009, The UK Digital Road to Recovery; Katz R.L. et al , 2009, The Impact of Broadband on 
Jobs and the German Economy). 
The  Court  of  Justice  reminded  in  De  Coster  (C-17/00,  [2001]  Rec.  p.  I-9445,  n°  37)  that  any  local 
secondary  legislation  affecting  the  freedom  to  provide  services  must  comply  with  the  principle  of 
proportionality.  On  the  same  instance  of  satellite  dishes,  the  Commission  underlined  in  its 
Communication on the general application of the principles of free movement of goods and services – 
Articles 28 and 49 – concerning the use of satellite dishes (COM(2001) 351 final), that although each 
Member  State  is  responsible  for  setting  the  conditions  which  must  be  met  within  its  internal  legal 
system for installing and using satellite dishes, some national regulations may nonetheless affect what 
can be received. Thus, indirectly, they affect distribution of the wide range of services transmitted by 
satellite – which, by their very nature, cross borders – such as television and radio broadcasts, together 
with  interactive  services  (“information  society  services”).  Such  national  measures  must  therefore 
comply  with  the  fundamental  principles  of  the  Treaty,  such  as  the  free  movement  of  goods  and  the 
freedom to provide services within the Single Market. 
Regulation (EC) n° 2887/2000 of the European Parliament and of the Council of 18 December 2000 on 
unbundled access to the local loop, OJ, 30.12.2000, L336/4. 

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1.3. 

Political background  

The Digital Agenda for Europe is a flagship initiative under the Europe 2020 Strategy aimed 
at delivering sustainable economic and social benefits from a digital single market based on 
fast and ultra-fast Internet and interoperable applications.  

It identified  in particular the need  to lower  the  costs  of  broadband  deployment  in  the  entire 
Union  territory,  including  by  achieving  proper  planning  and  coordination  and  by  reducing 
administrative burdens.11 

The European Council of 1 and 2 March 2012 called for action at the Union level to provide 
better  broadband  coverage,  including  by  reducing  the  cost  of  high-speed  broadband 
infrastructure.12  

The Communication "Single Market Act II: Together for new growth" identified the initiative 
as  one  of  12  key  actions  that  will  boost  growth,  employment  and  confidence  in  the  Single 
Market and generate real effects on the ground13. In the Single Market Act II, adoption of the 
Commission  proposal  is foreseen  for the first quarter of 2013. The  European  Council of 13 
and 14 December 2012 called on the Commission to present all key proposals by the spring of 
2013.14 

2. 

RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES AND 
IMPACT ASSESSMENT 

2.1. 

Public consultation of interested parties 

The Commission services held a public consultation from 27 April to 20 July 2012, inviting 
interested  parties  to  give  their  views  on  five  sets  of  questions,  covering  the  entire  chain  of 
network deployment, from the planning phase to the connection of end-users.15  

Over  a  hundred  written  replies  were  submitted  by  different  types  of  stakeholders  from  26 
countries  across  the  EU  and  EFTA.  The  largest  categories  of  respondents  were  electronic 
communications  providers  (27)  and  their  trade  associations  (14)  as  well  as  public  bodies, 
including  central  (22,  including  6  National  Regulatory  Authorities  (NRAs))  and  local 
authorities  (9).  Other  utilities  (7)  provided  their  input  mainly  via  trade  associations. 
Equipment manufacturers (5) and engineering and ICT trade associations (6) also replied.  

In  general  terms,  the  respondents  favourably  received  the  Commission's  intention  for  an 
initiative to address civil engineering costs for broadband roll-out across the single market. A 
majority  of  the  respondents  confirmed  existing  inefficiencies and  bottlenecks  as  well  as  the 
potential for cost reduction. The existence of problems and the need for action were clearly 
admitted  by  stakeholders.  Several  solutions  were  proposed,  some  very  ambitious  and  some 
more moderate. 

11 

12 

13 

14 

15 

of 

the 

European  Council 

A Digital Agenda for Europe, Communication from the  Commission to the European Parliament, the 
Council,  the  European  Economic  and  Social  Committee  and  the  Committee  of  the  Regions, 
COM(2010)245 of 19.5.2010, in particular section 2.4.1. 
Conclusions 
2012, 
of 
http://register.consilium.europa.eu/pdf/en/12/st00/st00004-re02.en12.pdf, item 15. 
Communication  from  the  Commission  to  the  European  Parliament,  the  Council,  the  Economic  and 
Social Committee and the Committee of the Regions, COM(2012)573 of 3.10.2012, Key Action 9. 
Conclusions 
the  European  Council  of  13/14  December 
http://www.consilium.europa.eu/uedocs/cms_Data/docs/pressdata/en/ec/134353.pdf, item 17.  
A  report  on  the  outcome  of  the  public  consultation  can  be  found  as  part  of  the  Impact  Assessment 
Report that is attached to this proposal (Annex I to the Report). 

2012,  EUCO  205/12, 

1/2  March 

4/2/12, 

EUCO 

of 

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In  addition  to  the  public  consultation,  the  Commission  services  established  an  Internet 
discussion platform for crowdsourcing ideas of interested parties.16 

The  Commission  services  have  maintained  regular  contacts  with  major  stakeholders,  both 
public and private, across the sectors concerned. 

2.2 

Studies and other sources of information 

The  Commission  services  commissioned  two  studies,  respectively,  by  Deloitte  on  cost 
reduction  practices  with  regard  to  broadband  passive  infrastructure  roll-out,17  and  by 
Analysys Mason to support an impact assessment to accompany the present proposal.18 

Furthermore, the Commission services drew upon additional information sources, studies and 
national  best  practices  (including  of  Germany,  Spain,  France,  Italy,  Lithuania,  The 
Netherlands,  Poland,  Portugal,  Slovenia,  Sweden  and  United  Kingdom)19.  Detailed 
information  was  also  collected  by  the  responsible  Commission  services  via  the  National 
Regulatory Authorities. 

Assessment of the impact of the proposed Regulation 

2.3 
The Commission services have carried out an impact assessment.20 Four policy options were 
chosen for further analysis:  

Option  1:  Business  as  usual:  maintaining  the  current  approach  of  monitoring,  enforcement 
and guidance. 

Option  2:  Promote  efficiency  gains  within  the  telecom  sector:  recommending  measures 
towards  a  more  coherent  and  harmonised  application  by  National  Regulatory  Authorities  of 
the regulatory framework for electronic communications. 

Option  3:  Enable  efficiency  gains  across  sectors:  proposal  for  a  Regulation  aiming  at 
unlocking  the  potential  of  cross-sector  cooperation  (two  sub-options,  3a  and  3b,  foresee, 
respectively, a Regulation only and a combination of a Regulation and a Recommendation). 

Option  4:  Mandate  efficiency  gains:  proposal  for  legislation  complementing  the  current 
regulatory  framework  to  mandate  measures  going  beyond  option  3,  such  as  infrastructure 
atlases, cost-oriented infrastructure access, mandated cooperation in civil engineering works 
even when not financed by public means, and installation of high-speed-ready infrastructure 
also in old buildings.  

The analysis of the options focuses in particular on the costs and benefits incurred by direct 
stakeholders, the expected effects on network investment and broadband rollout, and broader 
macro-economic  analysis  of  effects  on  consumer  welfare,  growth,  competitiveness,  and  the 
Single Market. 

The Impact Assessment Report concludes that option 3a is the best option available, given its 
effectiveness towards the identified objects, costs-benefits analysis, efficiency and coherence 

16 
17 

18 

19 
20 

See http://daa.ec.europa.eu/content/special/crowdsourcing. 
A Report that builds on the study prepared by Deloitte, as further cross-checked with other sources, can 
be  found  as  part  of  the  Impact  Assessment  Report  that  is  attached  to  this  proposal  (Annex  II  to  the 
Report). 
This  Report  can  be  found  as  part  of  the  Impact  Assessment  Report  that  is  attached  to  this  proposal 
(Annex III to the Report). 
A complete list of these sources can be found in the bibliography of the Impact Assessment Report. 
The Impact Assessment Report is attached to this proposal. 

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of  exploiting  the  cost  reduction  potential  with  general  EU  policy  objectives,  in  accordance 
with proportionality and subsidiarity principles.  

For the choice of the proposed instrument, see section 3.4, below. 

3. 

LEGAL ELEMENTS OF THE PROPOSAL 

3.1. 

Legal basis 

The proposal is based on Article 114 of the Treaty on the Functioning of the European Union. 
This is justified by the objectives of the proposal, which seek to improve the conditions for 
the establishment and functioning of the internal market. 

Furthermore, as confirmed by case law, this article confers on the legislature of the Union the 
discretion, depending on the general context and the specific circumstances of the matter to be 
harmonised,  as  regards  the  harmonisation  technique  most  appropriate  for  achieving  the 
desired result, in particular in fields that are characterised by complex technical features.21 

3.2. 

Subsidiarity  

The  proposed  European  intervention  to  reduce  the  cost  of  deploying  high-speed  electronic 
communications infrastructure is justified by the subsidiarity principle.  

The subsidiarity principle pursues two aims. On the one hand, it allows the Union to act if a 
problem cannot be adequately settled by the Member States acting on their own. On the other 
hand, it seeks to uphold the authority of the Member States in those areas that cannot be dealt 
with  more  effectively  by  Union  action.  The  purpose  is  to  bring  decision-making  within  the 
Union as close to the citizen as possible. 

The  proposed  Regulation  focuses  on  the  definition  of  specific directly  applicable rights and 
obligations in order to facilitate the planning and execution of physical infrastructure rollout 
and civil works, including ancillary provisions to ensure transparency of relevant information 
and coordination of administrative procedures. In addition to this, it provides requirements for 
in-building physical infrastructure for new buildings and major renovations. 

The  envisaged  measures  build  on  existing  best  practice  in  several  Member  States,  such  as 
those  concerning  the  re-use  of  existing  physical  infrastructures  in  Lithuania  and  Portugal, 
transparency  of  existing  infrastructure  in  Belgium  and  Germany,  co-deployment  in  Finland 
and  Sweden,  the  streamlining  of  rights  of  way  and  administrative  procedures  in  the 
Netherlands and Poland, and high-speed broadband infrastructure in new buildings in Spain 
and  France22.  Some  Member  States  have  introduced  measures  that  to  some  extent  go  even 
beyond the ones proposed, such as the one-stop-shop in Greece. The proposed Regulation is 
without prejudice to such more detailed provisions set out by national law.  

The  proposed  Regulation  is  also  without  prejudice  to  any  specific  regulatory  measure, 
including the imposition of remedies on undertakings having significant market power, taken 
by  the  national  regulatory  authorities  under  the  Union  regulatory  framework  for  electronic 
communications.  

21 
22 

See Case C-66/04, paragraph 45, and Case C-217/04, paragraph 43. 
See Analysys Mason, Final report for the DG Information Society and Media, European Commission 
Support  for  the  preparation  of  an  impact  assessment  to  accompany  an  EU  initiative  on  reducing  the 
costs of high-speed broadband infrastructure deployment (SMART 2012/0013) 

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The proposed measures are necessary at the level of the Union to improve the conditions for 
the establishment and functioning of the internal market, in order to: 

– 

– 

– 

– 

– 

remove barriers to the functioning of the Single Market caused by the patchwork of 
rules and administrative practices at national and sub-national levels, which impedes 
the  development  and  growth  of  European  companies,  has  a  negative  impact  on 
European  competitiveness,  and  creates  barriers  to  invest  and  operate  cross-border, 
and  thus  obstructs  the  freedom  to  provide  electronic  communications  services  and 
networks as guaranteed under existing Union legislation. As an illustration, scattered 
and  non-transparent  regulatory  approaches  to  network  rollout  increase  the  cost  of 
access  to  each  national  market.  Such  fragmentation  constitutes  an  obstacle  for 
multinational companies as well as national companies, willing to reach economies 
of  scale  at  European  level  in  the  face  of  increasingly  global  competition.  It  also 
hinders  the  development  of  innovative  services  which  could  emerge  on  very  high-
speed networks running in a seamless fashion across borders.  

stimulate  ubiquitous  broadband  coverage,  which  is  a  pre-condition  for  the 
development  of  the  Digital  Single  Market,  thus  contributing  to  the  removal  of  an 
important  obstacle  to  the  completion  of  the  Single  Market  while  at  the  same  time 
contributing  to  territorial  cohesion.  These  goals  will  only  be  achieved  if  the 
infrastructure deployment costs are lowered across the EU; 

turn  into  reality  the  significant  untapped  potential  of  cost-reduction  and  facilitation 
of  broadband  rollout,  including  by  scaling  up  existing  best  practices  across  the  EU 
whenever available. 

streamline  the  efficient  planning  and  investment  processes  on  a  large  scale,  thus 
facilitating the development of pan-European operators.  

ensure  equal  treatment  and  non-discrimination  of  undertakings  as  well  as  of 
investors,  in  line  with  "those  objectives  and  tasks  closely  linked  to  the  subject-
matter"23  of  several  instruments  already  provided  for  in  the  EU  law,  in  particular 
concerning the electronic communications sector24 but also concerning other sectors 
(e.g.  utility  companies  seeking  to  make  profit  from  their  physical  infrastructure, 
synergies in setting up smart grids). 

Several  arrangements  have  been  made  for  this  proposal  to  comply  with  the  principle  of 
subsidiarity.  

– 

– 

23 
24 

25 

Firstly,  Member  States  may  maintain  or  adopt  more  detailed  provisions  further 
specifying  or  complementing  the  obligations  provided  for  in  the  proposed 
Regulation, e.g. with regard to access to existing infrastructures, coordination of civil 
works and co-deployment.  

Moreover,  while  the  tasks  created  by  the  proposed  Regulation  are  assigned  by 
default  to  the  independent  NRA  under  the  electronic  communications  regulatory 
framework, in view of its expertise and independence, Member States may appoint 
different competent bodies in accordance with the domestic constitutional system of 
attribution  of  competences  and  powers25,  at  an  optimal  level  of  aggregation,  where 
valuable efficiencies may be ensured in view of the tasks assigned. This applies to all 

See Case C-217/04 paragraph 47. 
See  for  example  Recital  8  of  the  Better  Regulation  Directive  2009/140/EC,  Recital  22  of  the 
Framework Directive, Recital 1 and 4 of Regulation 2887/2000/EC. 
See Case 272/83 paragraphs 25 and 27. 

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– 

– 

– 

of the tasks foreseen under the regulation: the information point on permit granting, 
transparency and dispute resolution.  

Secondly,  with  regard  to  transparency  of  existing  physical  infrastructure,  while  a 
number of Member States have put in place different mapping initiatives, in the form 
of  GIS  (Geographic  Information  Systems)  applications  covering  in  some  Member 
States  not  only  the  electronic  communications  infrastructure,  but  also  physical 
infrastructure  of  other  utilities,  this  proposal  does  not  require  Member  States  to 
undertake such a mapping exercise. Neither does it require that data is aggregated or 
stored at a point of single contact. The obligation imposed upon Member States is to 
'make  available'  such  data  at  a  single  information  point,  which  could  be  made  by 
providing hyperlinks to other locations. Similarly, the proposal does not impose any 
general  obligation  of  pre-notification  of  planned  civil  works.  It  rather  enables 
electronic  communications  providers  to  require  this  information  from  network 
providers, in view of deploying high-speed electronic communications networks. 

Thirdly, with regard to permit granting, this proposal does not affect the procedural 
autonomy  of  the  Member  States  to  allocate  competences  internally.  While 
information  on  different  permit  granting  procedures  must  be  available  and 
applications  submitted  via  the  contact  point,  its  role  is  limited  to  dispatching  the 
different  permits  and  coordinating  the  permit  granting  process.  Furthermore,  the 
different deadlines are only harmonised by default, while Member States are allowed 
to  keep  or  introduce  their  specific  deadlines,  without  prejudice  to  other  specific 
deadlines or obligations laid down for the proper conduct of the procedure which are 
applicable in accordance with national or EU law.  

Lastly, with regard to in-building equipment, the proposed regulation allows Member 
States to adjust the obligations provided by the Regulation to the national and local 
particularities,  by  exempting  categories  of  buildings,  such  as  single-dwelling 
buildings  or  renovations  from  its  scope  of  application,  in  full  compliance  with  the 
principles of subsidiarity and proportionality.  

3.3. 

Proportionality  

The proposed measures are also justified on grounds of proportionality.  

The proposed cost reduction measures focus on increasing coordination and transparency, and 
on  harmonising  minimum  tools,  enabling  the  relevant  stakeholders  to  exploit  synergies  and 
reduce  inefficiencies  in  the  rollout.  Also,  while  the  proposed  measures  aim  at  reducing 
barriers to access to physical infrastructures, they do not unduly impair ownership rights and 
preserve commercial negotiation in the first place.  

The  proposed  measures  do  not  impose  specific  business  models.  They  also  leave  open  the 
possibility  for  Member  States  to  adopt  more  detailed  provisions,  and  thus  will  rather 
complement  than  affect  on-going  national  initiatives.  In  contrast,  they  will  allow  Member 
States  to  build  on  their  current  measures  and  select  the  organisation  of  any  existing  or  new 
measure which best suits their particularities, without necessarily imposing further costs.  

While the proposed regulation affects ownership rights to some extent, this is done in respect 
of the principle of proportionality.  

The  proposal  enables  commercial  negotiations  for  access  to  the  physical  infrastructure, 
without mandating access at pre-defined or cost-oriented terms and conditions. It provides for 
indicative reasons where the refusal to grant access may be deemed reasonable, such as the 
technical suitability of the physical infrastructure to which access has been requested to host 

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any of the elements of electronic communications networks, the lack of availability of space 
to host the elements, or network integrity and security.  

While it provides for dispute resolution in case of unreasonable denial of access, it takes into 
consideration  several  parameters  in  setting  the  price  for  access,  such  as  the  impact  of  the 
requested  access  on  the  business  plan  underpinning  the  investments  made  by  the  network 
operator, in particular in case of recently built physical infrastructures used for the provision 
of high-speed electronic communications services. 

With  regard  to  transparency  of  existing  physical  infrastructure,  the  proposal  concerns 
infrastructure  which  is  suitable  for  high-speed  network  deployment  and  not  any  physical 
infrastructure in general. It also allows Member States to provide for general exemptions for 
infrastructures  which  are  technically  unsuitable.  Furthermore,  the  proposal  seeks  to  make 
available  information  at  the  lowest  cost.  For  this  reason,  it  includes  gradual  obligations, 
allowing  organising  access  to  already  available  information  and  resorting  to  surveys  only 
when  this  information  is  not  readily  available  with  public  authorities  or  the  electronic 
communications providers. 

Concerning  co-ordination  of  civil  engineering  works,  the  proposal  does  not  limit  the 
economic  freedom  of  undertakings  –  in  particular,  it  does  not  mandate  co-deployment  by 
parties that have not chosen this commercial model, unless publicly financed. On the contrary, 
to  enable  commercial  co-deployment  arrangements,  by  enabling  a  better 
it  seeks 
dissemination of information on future civil engineering works.  

With regard to in-building physical infrastructure, the obligation to equip buildings with high-
speed-ready physical infrastructure is limited to new and majorly renovated buildings. This is 
because  in  these  cases  the  cost  is  incremental,  compared  to  the  high  cost  of  retrofitting 
existing,  unequipped  buildings  with  passive  infrastructure  and  likely  to  be  compensated  by 
the higher value of the asset. Moreover, the proposal further reduces the scope of application 
of this obligation to major renovations necessitating a building permit. General exemptions by 
the Member States for proportionality reason are also foreseen.  

3.4 Fundamental Rights  

The impact on fundamental rights of the proposed measures has been analysed.  

While the obligation of network operators to meet all reasonable requests for access to their 
physical infrastructure could restrict their right to conduct a business as well as their property 
right, the adverse effect in this respect is however mitigated by the provision that such access 
should be granted on fair terms and conditions, including price. Furthermore, this limitation 
must  be  considered  justified  and  proportionate to  the  aim  of  reducing  the  cost  of  deploying 
high-speed  electronic  communications  networks  since  it  would  reduce  the  need  to  perform 
civil  engineering  works,  which  account  for  almost  80%  of  the  cost  of  network  deployment. 
With  regard  to  the  obligation  on  network  operators  to  provide  minimum  information  on 
existing  infrastructures,  safeguards  as  concerns  the  right  to  privacy  and  the  protection  of 
business  secrets  are  provided  through  the  provision  of  exemptions  for  the  purpose  of 
operating and business secrets. 

The  obligation  on  undertakings  performing  civil  works  fully  or  partially  financed  by  public 
means, to meet any reasonable request for access in view of deploying elements of high-speed 
electronic communications networks, could restrict their right to conduct a business as well as 
their property right. However, any such obligation would only apply if it would not entail any 
additional costs for the initially envisaged civil works and if the request to coordinate is filed 
as  soon  as  possible  and  in  any  case  at  least  one  month  before  the  submission  of  the  final 
project to the competent authorities for permit granting. Furthermore, this limitation must be 

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considered justified and proportionate to the aim of reducing the cost of deploying high-speed 
electronic communications networks since it would allow electronic communications network 
operators to cover only part of the cost of the civil engineering works. 

The obligation to equip all newly constructed buildings, with a high-speed-ready in-building 
physical  infrastructure  could  have  an  impact  on  the  property  rights  of  the  owners  of  the 
property concerned. This limitation must be considered justified and proportionate to the aim 
of  reducing  the  cost  of  deploying  high-speed  electronic  communications  networks  since  it 
would exclude any need for retrofitting buildings with physical infrastructure.  

The  right  of  a  provider  of  public  communications  networks  to  terminate  its  network  at  the 
concentration  point  in  view  of  accessing  the  high-speed-ready  in-building  physical 
infrastructure, could have an impact on the right of property of the owners of private property 
concerned.  Such  restrictions  are  however  limited  by  the  obligation  on  the  public 
communications  network  providers  to  minimise  the  impact  on  the  private  property  and  to 
cover  any  costs  incurred.  Furthermore,  this  limitation  must  be  considered  justified  and 
proportionate  to  the  aim  of  reducing  the  cost  of  deploying  high-speed  electronic 
communications  networks  since  it  would  allow  electronic  communications  operators  to 
achieve economies of scale, when they deploy their networks. 

The  right  of  public  communications  network  providers  to  access  any  existing  high-speed-
ready in-building physical infrastructure could affect the property rights of the holder of the 
right  to  use  the  in-building  physical  infrastructure.  This  restriction  is  however  limited  since 
such access would have to be granted on reasonable terms and as it would only apply in cases 
where duplication is technically impossible or economically inefficient. 

The right to an effective remedy for the parties concerned by the limitations outlined above 
are guaranteed by the possibility of referral to a competent national dispute settlement body, 
which should be without prejudice to the right of any of the parties to refer the case to a court.  

3.5. 

Choice of instrument  

The  Commission  proposes  a  Regulation  as  it  presents  the  guarantee  of  a  comprehensive, 
directly applicable solution, including for all permits necessary to rollout networks. It ensures 
the rapid availability of cost reduction tools, in keeping with the momentum of the targets in 
the Digital Agenda for Europe due to be achieved by 2020.  

Contrary  to  a  Directive,  which  would  imply  granting  additional  time  for  transposition  by 
Member States, the regulation will rapidly install the basic rights and obligations for network 
deployment throughout the single market. Moreover, a directive would by its nature allow a 
significant  degree  of  differentiation  in  the  implementation  of  those  rights  and  obligations 
hence perpetuating the emerging patchwork. In contrast a directly applicable legal instrument 
will  reduce  existing  and  prevent  further  fragmentation,  by  focusing  on  removing  a  selected 
number  of  barriers  to  the  development  of  a  single  market  for  electronic  communications 
networks,  building  on  best  practices  but  leaving  organisational  issues  very  much  to  the 
discretion of Member States. Providers need to be granted a set of directly applicable rights in 
relation to all phases of planning and rolling out a network, which they can invoke before the 
national courts, not only against Member States, but also against other private parties, such as 
owners of infrastructure.  

Having in mind that the core of the proposal is the definition of rights and obligation directly 
applicable  across  the  Single  Market,  a  Regulation  rather  than  a  Directive  appears  to  be  the 
preferable  legal  instrument  since  it  has  clear  advantages  in  terms  of  efficiency  and 

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effectiveness and creates a level playing field for citizens and business, with greater potential 
for  private  enforcement26.  Accordingly,  a  directly  applicable  Regulation,  unlike  a  Directive 
that requires national transposition, better guarantees the immediate impact needed in order to 
contribute to the Digital Agenda objectives on broadband availability by 2020. 

The  considerable  advantages  of  the  cost  reduction  measures,  both  in  terms  of  economic 
benefit as in societal advantages, far outweigh any administrative burden.  

3.6. 

Structure of the proposal and main rights and obligations 

Article 1 – Objective and scope 

– 

Article 1 specifies the objective and scope of the Regulation. 

Article 2 – Definitions 

– 

This Article contains definitions in addition to those contained in the EU regulatory 
framework for electronic communications. 

Article 3 – Access to existing physical infrastructure 

– 

– 

Article  3  establishes  a  general  right  of  network  operators  to  offer  access  to  their 
physical  infrastructure  and  an  obligation  for  network  operators  to  meet  reasonable 
requests for access to their physical infrastructure in view of deploying elements of 
electronic communications networks under fair terms and conditions. 

A dispute settlement body is foreseen to review any refusal or dispute on terms and 
conditions – this function would be entrusted, by default, to the National Regulatory 
Authority (NRA). 

Article 4 – Transparency of physical infrastructure 

– 

– 

– 

Article  4  provides  for  a  right  to  access  a  set  of  minimum  information  concerning 
existing physical infrastructure(s) as well as planned civil works. 

This  is  accompanied  by  an  obligation  for  network  operators  to  meet  reasonable 
requests for in-site surveys of specific elements of their physical infrastructure. 

Dispute  resolution  regarding  in-site  surveys  or  access  to  information  would  be 
entrusted to a dispute settlement body, by default the NRA.  

Article 5 – Coordination of civil works 

– 

– 

This Article contains a right to negotiate coordination of civil works. 

In  addition,  it  imposes  an  obligation  for  undertakings  performing  civil  works 
financed  by  public  means  to  meet  reasonable  requests  for  civil  works  coordination 
agreements on transparent and non-discriminatory terms. 

Article 6 – Permit granting 

– 

26 

This  Article  contains  a  right  to  access,  by  electronic  means  and  via  a  single 
information  point,  any  information  concerning  the  conditions  and  procedures 
applicable to specific civil works as well as a right to submit applications for permits 

European  Parliament  resolution  of  14  June  2012  on  "Single  Market  Act:  The  Next  Steps  to  Growth" 
(2012/2663(RSP)), point 10.  

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11 

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by electronic means via that point. The information point facilitates and coordinates 
the permit granting process and monitors compliance with deadlines. 

– 

In  addition  it  sets  a  general  maximum  deadline  if  a  deadline  is  not  provided  in 
national or EU legislation as well as a right to receive a timely decision in relation to 
applications for permits. 

Articles 7-8 – In-building equipment 

– 

– 

Article 7 establishes an obligation to equip new buildings, as well as buildings that 
in-building  physical 
renovation,  with  high-speed-ready 
undergo  extensive 
infrastructure, and an obligation to provide new multi-dwelling buildings, as well as 
old ones that undergo extensive renovation, with a concentration point located in or 
outside the building. 

Article  8  constitutes  a  right  for  electronic  communications  network  providers  to 
terminate their network equipment at the concentration point of buildings, a right for 
electronic  communication  operators  to  negotiate  access  to  any  existing  high-speed-
ready in-building physical infrastructure and, in the absence of high-speed-ready in-
house  infrastructure,  a  right  to  terminate  their  network  equipment  in  the  private 
premise  of  the  subscriber  provided  that  it  minimises  the  impact  on  the  private 
property and at its own costs. 

Articles 9 – 11 

– 

These  Articles  contain  final  provisions,  including  the  designation  of  competent 
bodies and an obligation for review of the regulation within three years after its entry 
into force. 

4. 

BUDGETARY IMPLICATION 

The proposed Regulation has no implications for the budget of the Union. 

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2013/0080 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on measures to reduce the cost of deploying high-speed electronic communications 
networks  

(Text with EEA relevance) 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 114 thereof, 

Having regard to the proposal from the European Commission, 

After transmission of the draft legislative act to the national Parliaments, 

Having regard to the opinion of the European Economic and Social Committee27, 
Having regard to the opinion of the Committee of the Regions28, 

Acting in accordance with the ordinary legislative procedure,  

Whereas: 

(1) 

(2) 

(3) 

27 
28 
29 

The  digital  economy  is  changing  the  Single  Market  profoundly.  With  its  innovation, 
speed and reach across borders it has the potential to take Single Market integration to 
a  new  level.  The  Union's  vision  is  a  digital  economy  that  delivers  sustainable 
economic  and  social  benefits  based  on  modern  online  services  and  fast  Internet 
connections.  A  high  quality  digital  infrastructure  underpins  virtually  all  sectors  of  a 
modern and innovative economy and is of strategic importance to social and territorial 
cohesion. Therefore, all citizens and businesses must have the opportunity to be part of 
the digital economy.  

Acknowledging the importance of high-speed broadband rollout, Member States have 
endorsed  the  ambitious  broadband  targets  set  out  in  Communication  from  the 
Commission  to  the  European  Parliament,  the  Council,  the  European  Economic  and 
Social Committee and the Committee of the Regions "The Digital Agenda for Europe- 
Driving  European  growth  digitally"29  ("the  Digital  Agenda"):  100%  broadband 
coverage  by  2013  and  increased  speeds  of  30MBps  for  all  households,  with  at  least 
50% of the households subscribing to Internet connections above 100MBps by 2020. 

The  Digital  Agenda  has  also  identified  the  need  for  policies  to  lower  the  costs  of 
broadband deployment in the entire territory of the Union, including proper planning 
and coordination and reducing administrative burdens. 

OJ C , , p. . 
OJ C , , p. . 
COM (2010)245; see also see also the Digital Agenda review, COM (2012) 784 final. 

EN 

13 

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(4) 

(5) 

(6) 

Taking  into  account  the  need  for  action  at  the  EU  level  to  provide  better  broadband 
coverage, including by reducing the cost of high-speed broadband infrastructure30, the 
Single  Market  Act  II31  stresses  the  need  for  additional  efforts  in  order  to  achieve 
quickly the objectives set in the Digital Agenda for Europe by inter alia addressing the 
high-speed network investment challenge.  

The rolling out of high-speed fixed and wireless electronic communications networks 
across  the  Union  requires  substantial  investments  a  significant  portion  of  which  is 
represented by the cost of civil engineering works.  

A  major  part  of  these  costs  can  be  attributed  to  inefficiencies  in  the  rollout  process 
related to the use of existing passive infrastructure (such as ducts, conduits, manholes, 
cabinets,  poles,  masts,  antenna 
towers  and  other  supporting 
constructions),  bottlenecks  related  to  co-ordination  of  civil  works,  burdensome 
administrative  permit  granting  procedures,  and  bottlenecks  concerning  in-building 
deployment of networks. 

installations, 

(7)  Measures aiming at increasing efficiency in the use of existing infrastructures and at 
reducing  costs  and  obstacles  in  carrying  out  new  civil  engineering  works  should 
provide a substantial contribution to ensure a fast and extensive deployment of high-
speed electronic communications networks while maintaining effective competition.  

(8) 

(9) 

(10) 

Some  Member  States  have  adopted  measures  intended  to  reduce  the  costs  of 
broadband rollout. Scaling up these best practices across the Union could significantly 
contribute  to  the  establishment  of  a  digital  single  market.  However  those  practices 
remain  scarce  and  scattered.  Moreover  differences  in  regulatory  requirements 
sometimes prevent cooperation across utilities and may raise barriers to entry for new 
network  operators  and  new  business  opportunities,  hindering  the  development  of  a 
single  market  for  use  and  deployment  of  physical  infrastructures  for  high-speed 
electronic communications networks. Finally, the initiatives at Member State level do 
not always seem to be holistic, whereas it is essential to take action across the whole 
rollout  process,  and  across  sectors,  in  order  to  achieve  a  coherent  and  significant 
impact.  

This  Regulation  aims  at  providing  some  minimum  rights  and  obligations  applicable 
across  the  Union  in  order  to  facilitate  the  rollout  of  high-speed  electronic 
communications  networks and  cross-sector coordination.  While  ensuring  a minimum 
level  playing  field,  this  should  be  without  prejudice  to  existing  best  practices  and 
measures  adopted  at  national  and  local  level  entailing  more  detailed  provisions  and 
conditions as well as additional measures complementing those rights and obligations, 
in accordance with the subsidiarity principle.  

In  light  of  the  lex  specialis  principle,  when  more  specific  regulatory  measures  in 
conformity  with  EU  law  apply,  these  should  prevail  over  the  minimum  rights  and 
obligations  provided  for  in  this  Regulation.  Therefore  this  Regulation  should  be 
without  prejudice  to  EU  law  and  in  particular  to  any  specific  regulatory  measure, 
including  the  imposition  of  remedies  on  undertakings  having  significant  market 
power,  applied  in  accordance  with  the  Union  regulatory  framework  for  electronic 
communications  (Directive  2002/21/EC  of  the  European  Parliament  and  of  the 
Council  of  7  March  2002  on  a  common  regulatory  framework  for  electronic 

30 
31 

Conclusions of the European Council of 13/14 December 2012, EUCO 205/12, item 17. 
COM(2012) 573 final. 

EN 

14 

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(11) 

(12) 

services 

(Framework  Directive)32,  Directive 
communications  networks  and 
2002/20/EC  of  the  European  Parliament  and  of  the  Council  of  7  March  2002  on  the 
authorisation  of  electronic  communications  networks  and  services  (Authorisation 
Directive)33, Directive 2002/19/EC of the European Parliament and of the Council of 7 
March 2002 on access to, and interconnection of, electronic communications networks 
and  associated  facilities  (Access  Directive)34,  Directive  2002/22/EC  of  the  European 
Parliament and of the Council of 7 March 2002 on universal service and users' rights 
relating  to  electronic  communications  networks  and  services  (Universal  Service 
Directive)35  and  Commission  Directive  2002/77/EC  of  16  September  2002  on 
competition in the markets for electronic communications networks and services36).  

It can be significantly more efficient for electronic communications network operators, 
in particular new entrants, to re-use existing physical infrastructures, including those 
of other utilities, in order to roll-out electronic communications networks, in particular 
in areas where no suitable electronic communications network is available or where it 
may not be economically feasible to build-up a new physical infrastructure. Moreover, 
synergies across sectors may significantly reduce the need for civil works due to the 
deployment of electronic communications networks and therefore also the social and 
environmental  costs  linked  to  them,  such  as  pollution,  nuisances  and  traffic 
congestion.  Therefore  this  Regulation  should  be  applicable  not  only  to  electronic 
communications  network  providers  but  to  any  owner  or  holder  of  rights  to  use 
extensive  and  ubiquitous  physical 
to  host  electronic 
communications  network  elements,  such  as  physical  networks  for  the  provision  of 
electricity, gas, water and sewage, heating and transport services.  

infrastructures  suitable 

In view of their low degree of differentiation, physical facilities of such networks can 
often  host  at  the  same  time  a  wide  range  of  electronic  communications  network 
elements, including those capable of delivering broadband access services at speeds of 
at least 30 Mbps in line with the technological neutrality principle, without affecting 
the main service conveyed and with minimum adaptation costs. Therefore a physical 
infrastructure  that  is  intended  to  only  host  other  elements  of  a  network  without 
becoming itself an active network element, can be in principle used to accommodate 
electronic  communications  cables,  equipment  or  any  other  element  of  electronic 
communications  networks,  regardless  of  its  actual  use  or  its  ownership.  Without 
prejudice  to  the  pursuit  of  the  specific  general  interest  linked  to  the  provision  of  the 
main  service,  synergies  across  network  operators  should  be  encouraged  in  order  to 
contribute at the same time to achieving the targets of the Digital Agenda. 

(13)  While  this  Regulation  should  be  also  without  prejudice  to  any  specific  safeguard 
needed to ensure the security and integrity of the networks as well as to ensure that the 
main service provided by the network operator is not affected, general rules in national 
legislation prohibiting network operators to negotiate access to physical infrastructures 
by electronic communications network providers could prevent the establishment of a 
market for access to physical infrastructures and should therefore be abolished. At the 
same  time,  the  measures  provided  in  this  Regulation  are  without  prejudice  to  the 
possibility  of  the  Member  States  to  render  the  provision  of  infrastructure  access  by 

32 
33 
34 
35 
36 

OJ L 108, 24.4.2002, p. 33. 
OJ L 108, 24.4.2002, p. 21. 
OJ L 108, 24.4.2002, p. 7. 
OJ L 108, 24.4.2002, p. 51. 
OJ L 249, 17.9.2002, p. 21. 

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15 

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utilities  operators  more  attractive  by  excluding  revenues  stemming  from  this  service 
from  the  basis  for  the  calculation  of  end-users  tariffs  for  their  main  activity  or 
activities, in accordance with applicable EU law.  

(14)  A  network  operator  may  refuse  access  to  specific  physical  infrastructures  due  to 
objective  reasons.  In  particular,  a  physical  infrastructure  may  not  be  technically 
suitable in view of specific circumstances concerning infrastructures for which access 
has  been  requested,  including  lack  of  available  space.  Similarly,  in  specific 
circumstances,  sharing  the  infrastructure  may  jeopardise  network  integrity  and 
security or may endanger the provision of services that are primarily provided over the 
same infrastructure. Moreover, when the network operator already provides wholesale 
physical network infrastructure access that would meet the needs of the access seeker, 
access to the underlying physical infrastructure may have an adverse economic impact 
on its business model and incentives to invest while possibly entailing an inefficient 
duplication  of  network  elements.  At  the  same  time  in  the  case  of  physical 
infrastructure access obligations imposed pursuant to the Union regulatory framework 
for  electronic  communications,  such  as  those  on  undertakings  having  significant 
market  power,  this  would  be  already  covered  by  specific  regulatory  obligations  that 
should not be affected by this Regulation.  

(15)  When  electronic  communications  networks  providers  request  access  in  a  specified 
area,  network  operators  should  make  available  an  offer  for  the  shared  use  of  their 
facilities  under  fair  terms  and  conditions,  including  price,  unless  access  is  refused 
based  on  objective  reasons.  Depending  on  circumstances,  several  elements  could 
influence  the  conditions  under  which  such  access  is  granted,  such  as:  any  additional 
maintenance  and  adaptation  costs;  any  preventive  safeguards  to  be  adopted  to  limit 
adverse impacts on network security and integrity; any specific liability arrangements 
in the event of damages; the use of any public subsidy granted for the construction of 
the  infrastructure,  including  specific  terms  and  conditions  attached  to  the  subsidy  or 
provided under national law in compliance with Union law; any constraints stemming 
from  national  provisions  aiming  at  protecting  the  environment,  public  health,  public 
security or to meet town and country planning objectives.  

(16) 

In the event of disagreement in commercial negotiation on technical and commercial 
terms and conditions each party should be able to call on a dispute resolution body at 
national level to impose a solution to the parties, in order to avoid unjustified refusals 
to  deal  or  the  imposition  of  unreasonable  conditions.  When  determining  prices  for 
granting access, the dispute resolution body should take into account the investments 
made  on  the  physical  infrastructure.  In  the  specific  case  of  access  to  physical 
infrastructures of electronic communications network operators, the investments made 
in  this  infrastructure  may  directly  contribute  to  the  objectives  of  the  Digital  Agenda 
for Europe and downstream competition may be influenced by free-riding. Hence, any 
access obligation should take into account the economic viability of these investments 
based  on  any  time  schedule  for  the  return  on  investment,  any  impact  of  access  on 
downstream  competition,  any  depreciation  of  the  network  assets  at  the  time  of  the 
access  request,  any  business  case  underpinning  the  investment  done,  in  particular  in 
recently built physical infrastructures  used  for the provision of high-speed electronic 
communications  services,  and  any  possibility  offered  to  the  access  seeker  to  co-
deploy. 

(17) 

In order to effectively plan the deployment of high-speed electronic communications 
networks  and  to  ensure  the  most  effective  use  of  existing  infrastructures  suitable  for 
rolling  out  electronic  communications  networks,  undertakings  authorised  to  provide 

EN 

16 

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electronic  communications  networks  should  be  able  to  have  access  to  minimum 
information  concerning  physical  infrastructures  available  in  the  area  of  deployment. 
Such minimum information should allow for the assessment of the potential for using 
existing infrastructure in a specific area as well as to reduce damages to any existing 
physical infrastructures. In view of the number of stakeholders involved and in order 
to facilitate access to that information, also across sectors and borders, such minimum 
information should be made available via a single information point. That information 
point  should  allow  access  to  minimum  information  already  available  in  electronic 
form  subject  to  limitations  to  ensure  network  security  and  integrity  or  to  safeguard 
legitimate operating and business secrets.  

(18)  While  not imposing any new  mapping  obligation  on  Member States, this Regulation 
provides  that  minimum  information  already  collected  by  public  sector  bodies  and 
available in electronic form pursuant to national initiatives as well as under Union law 
(such  as  Directive  2007/2/EC  of  the  European  Parliament  and  of  the  Council  of  14 
March  2007  establishing  an  Infrastructure  for  Spatial  Information  in  the  European 
Community  (INSPIRE)37)  should  be  made  available  ,  e.g.  via  hyperlink,  to  a  single 
information point with a view to allow a coordinated access to information on physical 
infrastructures  for  electronic  communications  network  providers  while  at  the  same 
time  ensuring  the  security  and  integrity  of  any  such  information.  Such  provision  of 
information  should  be  without  prejudice  to  the  transparency  requirements  already 
applicable to the re-use of public sector information pursuant to Directive 2003/98/EC 
of the European Parliament and of the Council of 17 November 2003 on the re-use of 
public sector information38. Where information available to the public sector does not 
ensure adequate knowledge of the existing physical infrastructures in a specific area or 
of  a  certain  type,  network  operators  should  make  the  information  available  to  the 
single information point upon request.  

(19)  Where  minimum  information  is  not  available  via  a  single  information  point,  the 
possibility  of  electronic  communications  network  operators  to  directly  request  such 
specific  information  from  any  network  operator  in  the  area  concerned  should  be 
nevertheless  ensured.  In  addition  to  that,  if  the  request  is  reasonable,  in  particular  if 
needed  in  view  of  the  possibility  to  share  existing  physical  infrastructures  or  to 
coordinate  civil  works,  electronic  communications  network  operators  should  be 
granted the possibility to make in-site surveys and to request information concerning 
transparent,  proportionate  and  non-discriminatory 
planned  civil  works  under 
conditions and without prejudice to the safeguards adopted to ensure network security 
and  integrity  as  well  as  protecting  operating  and  business  secrets.  Advanced 
transparency of planned civil works by network operators themselves, or by proactive 
single  information  points  empowered  to  request  such  information,  should  be 
incentivised,  in  particular  for  areas  of  greatest  utility,  by  redirecting  authorised 
operators to such information whenever available. 

(20)  Where disputes concerning access to the information on the physical infrastructures in 
view  of  deploying  high-speed  electronic  communications  networks  arise,  the  single 
information  point  should  be  able  to  solve  such  disputes  by  means  of  a  binding 
decision, without prejudice to the possibility of any party to refer the case to a court.  

37 
38 

OJ L 108, 25.4.2007, p. 1. 
OJ L 345, 31.12.2003, p. 90. 

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(21)  Coordination of civil works concerning physical infrastructures may ensure significant 
savings  and  minimise  inconvenience  to  the  area  affected  by  the  deployment  of  new 
electronic  communications  networks.  For 
this  reason,  regulatory  constraints 
preventing as a general rule the negotiation among network operators with a view to 
coordinate such works in order to deploy also high-speed electronic communications 
networks  should  be  prohibited.  In  the  event  of  civil  works  not  financed  by  public 
means,  however,  this  should  be  without  prejudice  for  the  stakeholders  to  conclude 
civil works coordination agreements according  to their own investment  and business 
plans and their preferred timing. 

(22)  Civil works fully or partially financed by public means should aim at maximising the 
positive  collective  outcome,  by  exploiting  the  positive  externalities  of  these  works 
across  sectors  and  ensuring  equal  opportunities  to  share  the  available  and  planned 
physical  infrastructure  in  view  of  deploying  electronic  communications  networks. 
While this should not negatively affect the main purpose of the civil works financed 
by public means, timely and reasonable requests to coordinate deployment of elements 
of high-speed electronic communications networks, ensuring for example the coverage 
of any additional costs and the minimisation of changes to the original plans, should 
be met by the undertaking carrying out the civil works concerned under proportionate, 
non-discriminatory  and  transparent  terms,  without  prejudice  to  applicable  State  aid 
rules. Specific settlement procedures should be available to ensure the rapid resolution 
of  disputes  concerning  the  negotiation  of  these  coordination  agreements  under 
reasonable,  proportionate,  non-discriminatory  and  transparent  terms.  Such  provisions 
should be without prejudice to the right of the Member States to reserve capacity for 
electronic communications networks even in the absence of specific requests, in view 
of  meeting  future  demand  for  physical  infrastructures  to  maximise  the  value  of  civil 
works,  or  to  adopt  measures  entailing  similar  rights  to  coordinate  civil  works  for 
operators of other types of networks, such as gas or electricity.  

(23)  A  number  of  different  permits  concerning 

the  deployment  of  electronic 
communications  networks  or  new  network  elements  may  be  necessary,  including 
building, town planning, environmental and other permits, in order to protect national 
and  Union  general  interests.  The  number  of  permits  required  for  the  deployment  of 
different  types  of  electronic  communications  networks  and  the  local  character  of  the 
deployment  may  entail  the  application  of  a  variety  of  procedures  and  conditions. 
While preserving the right of each competent authority to be involved and maintain its 
decision  making  prerogatives  in  accordance  with  the  subsidiarity  principle,  the 
establishment of a single point providing information about all procedures and general 
conditions applicable to civil works could reduce complexity and increase efficiency 
and transparency, in particular for new entrants or smaller operators not active in that 
area.  Moreover  undertakings  deploying  electronic  communications  networks  should 
have the right to submit their permit request through a single contact point, entrusted 
with  the  responsibility  of  coordinating  the  different  procedures  and  monitoring 
whether  the  decisions  are  adopted  within  the  legal  deadlines.  Such  a  contact  point 
should act as a one-stop-shop, without necessarily exercising decision-making powers 
unless so entrusted by national law  

(24)  To ensure that permit granting procedures do not act as barriers to investment, and that 
they do not have an adverse effect on the single market, a decision on whether or not 
to grant permit requests should be in any case available at the latest within six months, 
without  prejudice  to  other  specific  deadlines  or  obligations  laid  down  for  the  proper 
conduct  of  the  procedure  which  are  applicable  to  the  permit  granting  procedure  in 

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(25) 

accordance  with  national  or  Union  law.  Such  decision  may  be  tacit  or  explicit  in 
character  according  to  the  applicable  legal  provisions.  Moreover,  any  delay  in 
deciding on permits granting should trigger the right of compensation to undertakings 
that  have  requested  such  permits  if  they  can  prove  that  they  have  suffered  damages 
due  to  such  a  delay.  Such  a  right  should  be  exercised  in  accordance  with  the 
procedural and substantive safeguards provided in national laws.  

In  order  to  ensure  that  such  permits  granting  procedures  are  completed  within 
reasonable  deadlines,  Member  States  may  establish  several  safeguards,  such  as  tacit 
approval, or take measures to simplify granting procedures by inter alia reducing the 
number  of  permits  needed  to  deploy  electronic  communications  networks  or  by 
exempting  certain  categories  of  small  or  standardised  civil  works  from  permit 
granting. Authorities, at national, regional or local level, should justify any refusal to 
grant  such  permits  in  their  competence,  on  basis  of  transparent,  non-discriminatory, 
objective and proportionate criteria and conditions. This should be without prejudice 
to any measure adopted by the Member States, in view of exempting certain elements 
of  electronic  communications  networks,  whether  passive  or  active,  from  permit 
granting.  

(26)  Achieving the targets of the Digital Agenda requires that the infrastructure rollout is 
brought  close  to  the  end-users  location,  while  fully  respecting  the  principle  of 
proportionality as regards any limitation brought to the right of property in view of the 
general interest pursued. Existence of high-speed electronic communications networks 
up to the end-user should be facilitated while ensuring at the same time technological 
neutrality,  in  particular  by  high-speed-ready  in-building  physical  infrastructure.  In 
view of the fact that providing for mini-ducts during the construction of the building 
has  only  a  limited  incremental  cost  while  retrofitting  buildings  with  high-speed 
infrastructure  may  represent  a  significant  part  of  the  cost  of  high-speed  network 
deployment, all new or majorly renovated buildings should be equipped with physical 
infrastructure,  allowing  the  connection  of  end-users  with  high-speed  networks.  In 
order to roll-out high-speed electronic communications network, moreover, new multi-
dwelling  buildings,  as  well  as  majorly  renovated  multi-dwelling  buildings  should  be 
equipped with an access or concentration point, by which the provider may access the 
in-building  network.  In  practice,  this  would  mean  that  building  developers  should 
foresee  that  empty  ducts  are  provided  from  every  dwelling  to  a  concentration  point, 
located in or outside the building. There may be cases such as new single dwellings or 
categories  of  major  renovation  works  in  isolated  areas  where  the  prospect  of  high-
speed  connection  is  considered,  on  objective  grounds,  too  remote  to  justify  the 
additional  costs  of  deploying  in-house  high-speed-ready  physical  infrastructures 
and/or a concentration point. 

(27)  When providers of public communications networks deploy high-speed networks in a 
specific  area,  there  are  significant  economies  of  scale  if  they  can  terminate  their 
network  to  the  building  concentration  point,  irrespective  of  whether  the  owners, 
condominium  or  residents  have  expressed  explicit  interest  for  the  service  at  that 
moment in time, but provided that impact on private property is minimised, by using 
existing  physical  infrastructure  and  restoring  the  affected  area.  Once  the  network  is 
terminated  at  the  concentration  point,  the  connection  of  an  additional  customer  is 
possible at a significantly lower cost, in particular by means of access to a high-speed-
ready vertical segment inside the building, where it already exists. 

(28) 

In view of the social benefits stemming from digital inclusion and taking into account 
the  economics  of  deployment  of  high-speed  electronic  communications  networks, 

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where  there  is  neither  existing  passive  or  active  high-speed-ready  infrastructure 
serving  end-users  premises  nor  alternatives  to  provide  high-speed  electronic 
communications  networks  to  end-users,  any  provider  of  public  communications 
networks provider should have a right to terminate its network to a private premise at 
its own costs, when it has obtained the agreement of the subscriber, and provided that 
it  minimises  the  impact  on  private  property,  for  example,  when  possible,  by  reusing 
existing physical infrastructure available in the building or ensuring full restoration of 
the affected areas.  

(29)  Without  prejudice  to  the  tasks  entrusted  to  national  regulatory  authorities  provided 
under the Union regulatory framework for electronic communications, in the absence 
of  specific  designations  by  Member  States,  in  order  to  ensure  consistent  dispute 
settlement decisions, such functions provided for in this Regulation should be assigned 
to the authorities fulfilling the tasks provided in Article 20 of Directive 2002/21/EC, 
taking  into  account  the  expertise  available  and  the  guarantees  of  independence  and 
impartiality. However, in line with the principle of subsidiarity, this Regulation should 
be  without  prejudice  to  the  possibility  of  Member  States  to  allocate  the  regulatory 
tasks  provided  herewith  to  authorities  better  suited  to  fulfil  them  in  accordance  with 
the domestic constitutional system of attribution of competences and powers and with 
the requirements set forth in this Regulation.  

(30)  Whatever  body  be  designated  by  the  Member  State  for  dispute  settlement,  it  should 
ensure  impartiality  and  independence  vis-à-vis  the  parties  involved.  Also,  the 
designated  authorities  should  have  appropriate  resources  and  sanctioning  powers  in 
the event of lack of compliance with the decisions adopted.  

(31) 

In  order  to  ensure  effectiveness  of  the  information  points  provided  for  in  this 
Regulation,  Member  States  deciding  to  appoint  different  bodies  from  the  national 
regulatory authority fulfilling the tasks provided in Article 20 of Directive 2002/21/EC 
should ensure adequate resources as well as that the relevant information concerning a 
specific  area  is  made  available  at  such  information  points  at  an  optimal  level  of 
aggregation where valuable efficiencies may be ensured in view of the tasks assigned 
(such  as  the  cadastre).  In  this  regard,  Member  States  may  consider  the  possible 
synergies  and  economies  of  scope  with  the  Points  of  Single  Contact  within  the 
meaning of Article 6 of Directive 2006/123/EC of 12 December 2006 on services in 
the internal market (the Services Directive), with a view to build on existing structures 
and maximising the benefits for end-users.  

(32)  Since  the  objectives  of  the  proposed  action  aiming  at  facilitating  the  deployment  of 
physical  infrastructures  suitable  for  high-speed  electronic  communications  networks 
across  the  Union  cannot  be  sufficiently  achieved  by  the  Member  States  and  can 
therefore, by reason of the scale or effects of the action, be better achieved at Union 
level, the Union may adopt measures, in accordance with the principle of subsidiarity 
as  set  out  in  Article  5  of  the  Treaty.  In  accordance  with  the  principle  of 
proportionality, as set out in that Article, this Regulation does not go beyond what is 
necessary in order to achieve those objectives. 

(33)  This  Regulation  respects  the  fundamental  rights  and  observes  the  principles 
recognised in particular by the Charter of Fundamental Rights of the European Union 
and notably the right to privacy and the protection of business secrets, the freedom to 
conduct  business,  the  right  to  property  and  the  right  to  an  effective  remedy.  This 
Regulation has to be applied by the Member States in accordance with those rights and 
principles. 

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HAVE ADOPTED THIS REGULATION: 

Article 1 
Subject matter and scope 

1.  This  Regulation  aims  to  facilitate  and  incentivise  the  roll-out  of  high-speed  electronic 
communications  networks  by  promoting  joint  use  of  existing  and  enabling  more  efficient 
deployment  of  new  physical  infrastructure  so  that  such  networks  can  be  rolled  out  at  lower 
cost.  

2.  This  Regulation  shall  apply  to  all  civil  works  and  physical  infrastructure,  as  defined  in 
Article 2.  

3.  This  Regulation  is  without  prejudice  to  the  rights  of  Member  States  to  maintain  or 
introduce  measures  in  conformity  with  Union  law  which  contain  more  detailed  provisions 
than those set out in this Regulation. 

4.  This  Regulation  is  without  prejudice  to  Directive  2002/21/EC,  Directive  2002/20/EC, 
Directive 2002/19/EC, Directive 2002/22/EC and Directive 2002/77/EC. 

Article 2 
Definitions 

For  the  purposes  of  this  Regulation,  the  definitions  set  out  in  Directives  2002/21/EC, 
2002/20/EC, 2002/19/EC, 2002/22/EC and 2002/77/EC shall apply. 

The following definitions shall also apply: 

(1) "network operator" means an electronic communications network provider as well as an 
undertaking providing a physical infrastructure intended to provide: a service of production, 
transport or distribution of gas, electricity, including public lighting, heating, water, including 
disposal or treatment of waste water and sewage; transport services, including railways, roads, 
ports and airports; 

(2)  "physical  infrastructure"  means  any  element  of  a  network  which  is  not  active  such  as 
pipes, masts, ducts, inspection chambers, manholes, cabinets, buildings or entries to buildings, 
antenna installations, towers and poles and their associated facilities; 

(3)  “high-speed  electronic  communications  network”  means  an  electronic  communication 
network  which  is  capable  of  delivering  broadband  access  services  at  speeds  of  at  least  30 
Mbps. 

(4)  "civil  works"  every  outcome  of  building  or  civil  engineering  works  taken  as  a  whole 
which is sufficient of itself to fulfil an economic or technical function and entails one or more 
elements of a physical infrastructure; 

(5) "public sector body" means a State, regional or local authority, a body governed by public 
law or an association formed by one or several such authorities or one or several such bodies 
governed by public law; 

(6) "body governed by public law" means any body: 

(a) established for the specific purpose of meeting needs in the general interest, not 
having an industrial or commercial character; 

(b) having legal personality; 

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(c) financed, in full or for the most part, by the State, or regional or local authorities, 
or  other  bodies  governed  by  public  law;  or  subject  to  management  supervision  by 
such  authorities  or  bodies;  or  having  an  administrative,  managerial  or  supervisory 
board, more than half of whose members are appointed by the State, regional or local 
authorities or by other bodies governed by public law; 

(7)  "in-building  physical  infrastructure"  means  physical  infrastructure  at  the  end-user's 
location,  including  elements  under  joint  ownership,  intended  to  host  wired  and/or  wireless 
access  networks,  where  such  access  networks  are  capable  of  delivering  electronic 
communications  services  and  connecting  the  building  concentration  point  with  the  network 
termination point; 

(8)  "high-speed-ready  in-building  physical  infrastructure"  means  in-building  physical 
infrastructure intended to host elements of high-speed electronic communications networks;  

(9)  "major  renovation  works"  means  building  or  civil  engineering  works  at  the  end  user's 
location encompassing structural modifications of the in-building physical infrastructure and 
requiring a building permit; 

(10)  "permit"  means  a  formal  or  implied  decision  of  a  competent  authority  following  any 
procedure under which a person is required to take steps in order to legally execute building 
or civil engineering works  

Article 3 
Access to existing physical infrastructure 

1. Every network operator shall have the right to offer access to its physical infrastructure in 
view of deployment of elements of high-speed electronic communications networks.  

2.  Upon  specific  written  request  of  an  undertaking  authorised  to  provide  electronic 
communications  networks,  any  network  operator  shall  have  the  obligation  to  meet  all 
reasonable  requests  for  access  to  its  physical  infrastructure  under  fair  terms  and  conditions, 
including  price,  in  view  of  deploying  elements  of  high-speed  electronic  communications 
networks.  

3. Every refusal of access shall be based on objective criteria, which may relate in particular 
to: 

(a) the technical suitability of the physical infrastructure to which access has been requested 
to host any of the elements of electronic communications networks referred to in paragraph 2;  

(b) availability of space to host the elements referred to in point (a);  

(c) integrity and security of any network already deployed;  

(d)  the  risk  of  serious  interferences  of  the planned  electronic  communications  services  with 
the provision of other services over the same physical infrastructure; 

(e)  the  availability  of  alternative  means  of  wholesale  physical  network  infrastructure  access 
provided  by  the  network  operator  and  suitable  for  the  provision  of  high-speed  electronic 
communications networks.  

The network operator shall state the reasons for any refusal within one month from the written 
request for access. 

4. Where access is refused or agreement on specific terms and conditions, including price, has 
not  been  reached  within  two  months  from  the  written  request  for  access,  either  party  is 
entitled to refer the issue to the competent national dispute settlement body.  

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5. The national dispute settlement body referred to in paragraph 4 shall, taking full account of 
the  principle  of  proportionality,  issue  a  binding  decision  to  resolve  the  dispute  initiated 
pursuant  to  paragraph  4,  including  the  determination  of  fair  terms,  conditions  and  prices 
where  appropriate,  within  the  shortest  possible  time  frame  and  in  any  case  within  four 
months, without prejudice to the possibility of any party to refer the case to a court. Any price 
set by the dispute settlement body shall take into account the impact of the requested access 
on  the  business  plan  underpinning  the  investments  made  by  the  network  operator  to  whom 
access is requested, in particular in case of recently built physical infrastructures used for the 
provision of high-speed electronic communications services.  

Article 4 
Transparency concerning physical infrastructure  

1.  In  order  to  request  access  to  physical  infrastructure  in  accordance  with  Article  3,  every 
undertaking authorised to provide electronic communications networks shall have the right to 
access,  upon  request,  via  a  single  information  point,  the  following  set  of  minimum 
information concerning the existing physical infrastructure of any network operator: 

(a) location, route and geo-reference coordinates;  

(b) size, type and current use of the infrastructure; 

(c) name of the owner or of the holder of rights to use physical infrastructure and a contact 
point.  

The  undertaking  requesting  access  shall  specify  the  area  concerned  in  view  of  deploying 
elements of high-speed electronic communications networks.  

Access  to  the  minimum  information  for  the  specified  area  shall  be  granted  forthwith  in 
electronic form under proportionate, non-discriminatory and transparent terms. Access to the 
minimum information may be limited by the single information point only when considered 
necessary in view of the security of the networks and their integrity or operating and business 
secrets.  

The single information point shall ensure that access to the minimum information pursuant to 
this  paragraph  is  available  by  [Publications  Office:  please  insert  the  exact  date:  entry  into 
force of this Regulation + 12 months] at the latest. 

2. Every public sector body holding in electronic format the minimum information referred to 
in paragraph 1 concerning the physical infrastructure of a network operator by reason of its 
tasks  shall  make  it  available  to  the  single  information  point  by  electronic  means  before 
[Publications  Office:  please  insert  the  exact  date:  entry  into  force  of  this  Regulation  +  6 
months].  Any  update  to  this  information  and  any  new  minimum  information  referred  to  in 
paragraph  1  received  by  the  public  sector  body  shall  be  made  available  to  the  single 
information point within one month from the receipt.  

3.  Where  the  minimum  information  referred  to  in  paragraph  1  is  not  held  by  public  sector 
bodies  in  accordance  with  paragraph  2,  any  network  operator  shall  make  available  upon 
specific  request  of  the  single  information  point  the  minimum  information  referred  to  in 
paragraph  1  on  its  physical  infrastructure  in  electronic  format  within  one  month  from  the 
request. The network operator shall make available to the single information point any update 
of the minimum information provided within one month from the actual modification of the 
physical network which changes that minimum information.  

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4.  Where  minimum  information  referred  to  in  paragraph  1  is  not  available  via  the  single 
information point, network operators shall provide access to such information upon specific 
written request of an undertaking authorised to provide electronic communications networks. 
The  request  shall  specify  the  area  concerned  in  view  of  deploying  elements  of  high-speed 
electronic  communications  networks.  Access  to  information  shall  be  granted  within  one 
month  from  the  written  request  under  proportionate,  non-discriminatory  and  transparent 
terms, without prejudice to limitations pursuant to paragraph 1. 

5.  Upon  specific  written  request  of  an  undertaking  authorised  to  provide  electronic 
communications  networks,  network  operators  shall  meet  reasonable  requests  for  in-site 
surveys  of  specific  elements  of  their  physical  infrastructure.  The  request  shall  specify  the 
elements  of  the  network  concerned  in  view  of  deploying  elements  of  high-speed  electronic 
communications networks. In-site surveys of the specified network elements shall be granted 
under  proportionate,  non-discriminatory  and  transparent  terms  within  one  month  from  the 
written request, without prejudice to limitations pursuant to paragraph 1.  

6.  Upon  specific  written  request  of  an  undertaking  authorised  to  provide  electronic 
communications  networks,  any  network  operator  shall  make  available  the  following  set  of 
minimum  information  concerning  on-going  or  planned  civil  works  related  to  its  physical 
infrastructure for which a permit has been granted, a permit granting procedure is pending or 
first submission to the competent authorities for permit granting is envisaged in the following 
six months:  

(a) the location and the type of works;  

(b) the network elements involved; 

(c) the estimated date for starting the works and their duration; 

(d) a contact point.  

The  request  of  an  undertaking  authorised  to  provide  electronic  communications  networks 
shall  specify  the  area  concerned  in  view  of  deploying  elements  of  high-speed  electronic 
communications  networks.  Within  two  weeks  from  the  written  request,  network  operators 
shall  provide  the  requested  information  under  proportionate,  non-discriminatory  and 
transparent terms, without prejudice to limitations pursuant to paragraph 1.  

7. The network operator may refuse the request pursuant to paragraph 6 if: 

- it has made the requested information publicly available in electronic format or  

- access to such information is ensured via a single information point. 

8.  Upon  specific  request  any  network  operator  shall  make  available  to  a  single  information 
point the set of minimum information referred to in paragraph 6. 

9. In the event of a dispute arising in connection with the rights and obligations provided for 
in paragraphs 4 to 7, either party shall be entitled to refer it to a national dispute settlement 
body. The body in charge of dispute settlement shall, taking full account of the principle of 
proportionality,  issue  a  binding  decision  to  resolve  the  dispute  within  the  shortest  possible 
time  frame  and  in  any  case  within  two  months,  without  prejudice  to  the  possibility  of  any 
party to refer the case to a court.  

10.  Member  States  may  provide  for  exemptions  from  the  obligations  provided  for  in 
paragraphs  1  to  5  in  the  case  of  existing  physical  infrastructures  considered  not  technically 
suitable  to  deploy  high-speed  electronic  communications  networks.  Such  measures  shall  be 
duly  motivated  in  this  regard.  The  interested  parties  shall  be  given  the  opportunity  to 

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comment  on  the  draft  measures  within  a  reasonable  period.  Any  such  measure  shall  be 
notified to the Commission.  

Article 5 
Coordination of civil works 

1.  Every  network  operator  shall  have  the  right  to  negotiate  agreements  concerning 
coordination  of  civil  works  with  undertakings  authorised 
to  provide  electronic 
communications  networks  in  view  of  deploying  elements  of  high-speed  electronic 
communications networks.  

2. Every undertaking performing civil works fully or partially financed by public means shall 
meet  any  reasonable  request  from  undertakings  authorised 
to  provide  electronic 
communications  networks  in  view  of  deploying  elements  of  high-speed  electronic 
communications  networks  for  civil  works  coordination  agreement  on  transparent  and  non-
discriminatory  terms,  provided  that  this  does  not  entail  any  additional  costs  for  the  initially 
envisaged civil works and that the request to coordinate is filed as soon as possible and in any 
case at least one month before the submission of the final project to the competent authorities 
for permit granting. 

3. Where agreement on coordination  of civil works pursuant  to  paragraph 2 is  not achieved 
within one month from the formal request to negotiate, any party is entitled to refer the issue 
to the competent national dispute settlement body.  

4. The national dispute settlement body referred to in paragraph 3 shall, taking full account of 
the  principle  of  proportionality,  issue  a  binding  decision  to  resolve  the  dispute  initiated 
pursuant  to  paragraph  3,  including  the  determination  of  fair  and  non-discriminatory  terms, 
conditions and charges where appropriate, within the shortest possible time frame and in any 
case within two months, without prejudice to the possibility of any party to refer the case to a 
court.  

5.  Member  States  may  provide  for  exemptions  from  the  obligations  provided  for  in  this 
Article for civil works of insignificant value. Such measures shall be duly motivated in this 
regard. The interested parties shall be given the opportunity to comment on the draft measures 
within a reasonable period. Any such measure shall be notified to the Commission.  

Article 6 
Permit granting 

1.  Every  undertaking  authorised  to  provide  electronic  communications  networks  shall  have 
the  right  to  access  by  electronic  means  via  a  single  information  point,  upon  request,  any 
information concerning the conditions and procedures applicable for granting permits for civil 
works  needed  in  view  of  deploying  elements  of  high-speed  electronic  communications 
networks,  including  any  exemptions  applicable  to  such  elements  as  regards  some  or  all 
permits required under national law. 

2.  Every  undertaking  authorised  to  provide  electronic  communications  networks  shall  have 
the  right  to  submit,  by  electronic  means  via  the  single  information  point,  applications  for 
permits  required  for  civil  works  needed  in  view  of  deploying  elements  of  high-speed 
electronic  communications  networks.  The  single  information  point  shall  facilitate  and 
coordinate  the  permit  granting  process.  In  particular  it  shall  ensure  that  the  applications  are 
forwarded to any competent authorities involved in granting the permits applicable to the civil 
works  at  stake  as  well  as  monitor  compliance  with  the  deadlines  applicable  in  accordance 
with paragraph 3.  

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3. The competent authorities shall grant or refuse permits within six months from receiving a 
request, without prejudice to other specific deadlines or obligations laid down for the proper 
conduct of the procedure which are applicable to the permit granting procedure in accordance 
with  national  or  Union  law.  Any  refusal  shall  be  duly  justified  on  the  basis  of  objective, 
transparent, non-discriminatory and proportionate criteria. 

4.  Every  undertaking  authorised  to  provide  electronic  communications  networks  which  has 
suffered  damage  as  a  result  of  non-compliance  with  the  deadlines  applicable  under 
paragraph 3 shall have the right to receive compensation from the competent authority for the 
damage suffered, in accordance with national law.  

Article 7 
In-building equipment  

1. All newly constructed buildings at the end-user's location, including elements under joint 
ownership,  for  which  applications  for  building  permits  have  been  submitted  after 
[Publications Office:  please insert the exact date of the entry into force of this Regulation], 
shall  be  equipped  with  a  high-speed-ready  in-building  physical  infrastructure,  up  to  the 
network  termination  points.  The  same  obligation  applies  in  the  event  of  major  renovation 
works  for  which  applications  for  building  permits  have  been  submitted  after  [Publications 
Office: please insert the exact date of the entry into force of this Regulation].  

2. All newly constructed multi-dwelling buildings, for which applications for building permits 
have been submitted after [Publications Office: please insert the exact date of the entry into 
force  of  this  Regulation],  shall  be  equipped  with  a  concentration  point,  located  inside  or 
outside  the  building,  and  accessible  to  electronic  communications  networks  providers, 
whereby connection to the high-speed-ready in-building infrastructure is made available. The 
same  obligation  applies  in  the  event  of  major  renovation  works  concerning  multi-dwelling 
buildings for which applications for building permits have been submitted after [Publications 
Office: please insert the exact date of the entry into force of this Regulation].  

3. Member States may provide for exemptions for categories of buildings, in particular single 
dwellings, or major renovation works, from the obligations provided for paragraph 1 and 2, 
when the cost of fulfilling those obligations is disproportionate. Such measures shall be duly 
motivated.  The  interested  parties  shall  be  given  the  opportunity  to  comment  on  the  draft 
measures within a reasonable period. Any such measure shall be notified to the Commission.  

Article 8  
Access to in-building equipment  

1.  Every  provider  of  public  communications  networks  shall  have  the  right  to  terminate  its 
network  at  the  concentration  point,  provided  that  it  minimise  the  impact  on  the  private 
property and at its own costs, in view of accessing the high-speed-ready in-building physical 
infrastructure.  

2.  Every  provider  of  public  communications  networks  shall  have  the  right  to  access  any 
existing  high-speed-ready  in-building  physical  infrastructure  on  reasonable  terms  if 
duplication is technically impossible or economically inefficient. The holder of a right to use 
the in-building physical infrastructure shall grant access under non-discriminatory terms and 
conditions.  

3. Where agreement on access pursuant to paragraph 1 or 2 is not achieved within two months 
from  the  formal  request  of  access,  each  party  shall  have  the  right  to  refer  the  issue  to  the 
competent  national  dispute  settlement  body  in  order  to  assess  the  compliance  with  the 
requirements  provided  for  in  those  paragraphs.  This  national  dispute  settlement  body  shall, 

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taking full account of the principle of proportionality, issue a binding decision to resolve the 
dispute within the shortest possible time frame  and  in  any  case  within  two  months,  without 
prejudice to the possibility of any party to refer the case to a court.  

4.  In  the  absence  of  available  high-speed-ready  in-building  infrastructure,  every  provider  of 
public  communications  networks  shall  have  the  right  to  terminate  its  network  equipment  at 
the premise of a subscriber to a high-speed electronic communications service, subject to its 
agreement, provided that it minimises the impact on the private property and at its own costs.  

Article 9 
Competent bodies 

1. The national regulatory authority which fulfils the tasks provided in Article 20 of Directive 
2002/21/EC shall perform the function of the national dispute settlement body referred to in 
Article 3 (4), Article 4 (9), Article 5 (4) and Article 8(3), unless the Member State appoints 
other competent bodies.  

2.  Any  other  national  dispute  settlement  body  appointed  by  Member  States  pursuant  to 
paragraph 1 shall be legally distinct and functionally independent of all network operators. It 
shall have the power to impose on network operators appropriate, effective, proportionate and 
dissuasive  sanctions  in  the  event  of  breach  of  the  obligations  stemming  from  the  decisions 
adopted when deciding the dispute.  

3. The national regulatory authority which fulfils the tasks provided in Article 20 of Directive 
2002/21/EC shall perform the functions of the single information point referred to in Article 4 
and Article 6, unless the Member State appoints other competent bodies.  

4.  Any  other  single  information  point  appointed  by  Member  States  pursuant  to  paragraph  3 
shall have the power to impose on network operators appropriate, effective, proportionate and 
dissuasive sanctions in the event of breach of the obligations stemming from Article 4 (3) and 
(8). 

5.  Member  States  shall  notify  to  the  Commission  the  identity  of  each  competent  body 
designated  in  accordance  with  this  Article  for  carrying  out  a  task  under  this  Regulation  by 
[Publications Office: please insert the exact date: entry into force of this Regulation] and any 
modification thereof, before such designation or modification enters into force.  

6.  Any  decisions  taken  by  any  of  the  competent  bodies  referred  to  in  this  Article  shall  be 
subject to an appeal before a court in accordance with national law.  

Article 10 
Review 

The  Commission  shall  present  a  report  to  the  European  Parliament  and  the  Council  by 
[Publications  Office:  please  insert  the  exact  date:  entry  into  force  of  this  Regulation  +  3 
years]  at  the  latest  on  the  implementation  of  this  Regulation.  The  report  shall  include  a 
summary of the impact of the measures provided by this Regulation and an assessment of the 
progress towards achieving its objectives. 

Article 11 
Entry into force 

This Regulation shall enter into force on the twentieth day following that of its publication in 
the Official Journal of the European Union. 

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This Regulation shall be binding in its entirety and directly applicable in all Member States. 

Done at Brussels,  

For the European Parliament 
The President 

For the Council 
The President 

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