Proposals for change

As part of their review of European Digital Single market, in 2016 the European Commission proposed to substantially amend the current Telecoms Package by means of a new Directive, the European Electronic Communications Code. The Commission also proposed:

• a Regulation on the Body of European Regulators of Electronic Communications (BEREC), to increase BEREC’s powers
• a Regulation to support local communities provide free public WiFi
• a Communication headed, “Towards a European Gigabit Society”
• a 5G Action Plan to tackle the market and investment challenges to launching commercial 5G services everywhere in Europe by 2020
• a proposal to set up a European Broadband Fund by the end of 2016 to support network deployment projects throughout the EU

Current law

Telecoms law is harmonised within the European Union.

The current regulatory framework for electronic communications networks and services (Telecoms Package) consists of a series of Directives (each now amended):

• Directive 2002/21 on a common regulatory framework for electronic communications networks and services (Framework Directive)
• Directive 2002/20 on the authorisation of electronic communications networks and services (Authorisation Directive)
• Directive 2002/19 on access to, and interconnection of, electronic communications networks and associated facilities (Access Directive)
• Directive 2002/22 on universal service and users’ rights relating to electronic communications networks and services (Universal Service Directive)
• Directive 2002/58 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications)

Although not considered part of the Telecoms Package by the commission, also relevant are:

• Directive 2002/77 which directs member states to remove special and exclusive rights in markets for electronic communications services (Services Directive)
• Directive 2008/63 (Terminal Equipment Directive)
• Regulation 2000/2887 dealing with unbundled access to the local loop (LLU Regulation)

The original regulatory framework has been supplemented with other instruments, such as:

• Regulation 2009/1211 (BEREC Regulation)
• Directive 2009/ 136 (Citizens’ Rights Directive) – amending the original Telecoms package
• Directive 2009/140 (Better Regulation Directive) –  amending the original Telecoms package
• Regulation 2012/531(Roaming Regulation)
• Directive 2014/61 (Broadband Cost Reduction Directive)
• Regulation 2015/212 (Connected Continent Regulation)

and several Commission decisions, such as:

• Decision 676/2002 of 7 March 2002 on a regulatory framework for radio spectrum policy in the European Community (Radio Spectrum Decision)
• Decision 2002/622 of 26 July 2002 establishing a Radio Spectrum Policy Group (RSPG)
• Decision 243/2012 of 14 March 2012 establishing a multiannual radio spectrum policy programme (RSPP)

As well as these directives, regulations and decisions, the framework is further complemented by soft law instruments that include Commission Recommendations relevant for the telecoms sector:

• Recommendation 2014/710 (relevant product and service markets for ex ante regulation)
• Recommendation 2010/572 (regulated access to Next Generation Access Networks)
• Recommendation 2013/466 (non-discrimination and costing methodologies)
• Recommendation 2009/396 (termination rates)

Also relevant to the placing on the market of equipment which uses radio spectrum are:

• Directive 1999/5 (RTTE Directive)
• Directive 2014/53 (Radio Equipment Directive)

Please let us know if there are others we should include, or if any of the links no longer work.