A cutting-edge digital network infrastructure is the fundamental basis of the European economy and society, and integral to our prosperity and competitiveness. The DNA, which will replace the Electronic Communications Code, offers a modern, simplified and more harmonised legal framework, boosting innovation and investments in resilient and advanced fibre, 5G and future 6G networks.
Connectivity will underpin the future of our economy, including the adoption of AI, development of quantum computing, the digitalisation of services and more - to the benefit of all consumers, citizens, and businesses.
The DNA aims to prepare the EU for the transition to high-quality, reliable and resilient future digital networks, in line with the competitiveness, Single Market and preparedness priorities of the Union.
The objectives of the DNA are:
- To strengthen the competitiveness of the connectivity sector and industry at-large facilitating investments in advanced digital infrastructures, including cloud - and AI-based solutions and enabling innovative services
- To consolidate the single market for electronic communications removing barriers and facilitating the cross border provision of networks and services
- To contribute to the resilience and preparedness of the digital infrastructures by fostering cooperation in building the necessary resilience capacities.
The key measures of the DNA are the following:
- Creating the conditions for the Single Market for connectivity authorisation by providing maximum legal harmonisation and the option of a Single Passport authorisation system;
- Establishing an EU-level satellite spectrum authorisation to facilitate pan-European operations and services;
- Strengthening resilience and preparedness by introducing measures to reduce or avoid dependencies, tackle the risks of crisis including natural disasters and foreign interference in networks and radio signals;
- Accelerating the transition from copper networks to full fibre with a modern, more agile and predictable access regime;
- Simplifying rules and removing unnecessary administrative burden across all DNA provisions.
The electronic communications market in the EU remains fragmented with operators not being able to reap the full potential of the single market. European operators continue to face barriers to operate cross-border and scale-up, in turn limiting their ability to invest, innovate, and compete with their global counterparts. We acted on the continuous plea for a modern and more simplified legal framework.
The security and resilience of the Union’s digital infrastructure will be reinforced by the DNA, with the Act specifically contributing to the EU’s objectives on preparedness.
The DNA proposes to adopt an EU Preparedness Plan for the digital infrastructure and measures to avoid or reduce dependencies in the connectivity ecosystem (e.g. in satellite communications) and to ensure enhanced network and service capabilities for reliable transmission of communications in case of incidents and attacks. In particular, it will support capabilities, including measures ensuring the continuity and uninterrupted availability of emergency communications and the effective functioning of public warning services.
Furthermore, the DNA contains a link to the Cybersecurity Act conditions which need to be respected also for authorisation under the DNA.
All end-users (i.e. consumers and businesses) in all regions, including rural and remote areas should benefit from the best-in-class networks The DNA will accelerate the transition to fibre moving away from copper networks that no longer serve the connectivity needs of end-users, speeding up the roll-out of high-quality 5G and future 6G networks, and enabling the growth of other wireless and cloud-based infrastructures.
The DNA establishes a framework for a Single Market for connectivity, removing barriers, creating investment incentives encouraging providers to innovate, grow and scale up, while opening the doors for new innovation and operations across borders. At the same time, the DNA will reduce regulatory and administrative burden reducing obligations for business-to-business, and updated ex ante regulation regime. The proposed longer licencing for spectrum will increase predictability, while spectrum sharing will allow easier entrance of new providers.
The DNA introduces more simplified and harmonised measures that offer small(er) operators and new entrants greater legal certainty and regulatory predictability. For instance, a simplified general authorisation procedure will reduce administrative and compliance costs allowing smaller operators to redirect resources towards innovation and growth rather than regulatory compliance. Companies that would like to enter new markets within the Union will also benefit from the option of a Single Passport authorisation system, which will allow providers to operate more easily in various Member States.
Small(er) operators and new entrants will also benefit from harmonised and more flexible access regimes, including simplified access to spectrum and spectrum sharing, which will lower entry barriers and support the development and scaling-up of innovative services relying on connectivity, notably in sectors such as manufacturing, health, agriculture and transport.
The DNA will maintain the high level of consumer rights that European citizens currently enjoy, with special protection for vulnerable consumers. Universal service rules in the DNA will continue to be a safety net to ensure all Europeans have at least an adequate internet and voice communications services, at an affordable price, especially in the Framework of fibre transition.
The current governance setup will be enhanced building on the current set up.
The DNA will transform the Radio Spectrum Policy Group (RSPG) into an EU body, the Radio Spectrum Policy Body (RSPB) to strengthen its advisory role in the area of spectrum.
The Body of European Regulators for Electronic Communications (BEREC) will remain an important actor, and will gain new tasks, such as to prepare guidelines on the general authorisation conditions under the single passport procedure, guidelines on technical and legal measures that could effectively protect end-users against fraudulent activities and adopt a Union Preparedness Plan for Digital Infrastructures.
The support office will continue to assist and contribute to the work of the BEREC, but also to the RSPB. To reflect this expanded mandate, it will be renamed "Office for Digital Networks" (ODN).