MEPs test dividing lines in upcoming telecom law

The main contention points in the European Parliament’s debate about an EU broadband law are how to deal with tower companies and the rules for permits, while divisions over the senders-pay principle loom in the background.

The Gigabit Infrastructure Act is a legislative proposal to speed up the rollout of broadband networks across the EU. Last week, EU lawmakers tabled their amendments, setting the main dividing lines in the legislative discussions.

In the more than 400 amendments tabled, the European Parliament’s rapporteur Alin Mituţa received broad support for his proposal to abolish intra-EU calls. But more controversial issues have emerged that the leading MEP will have to deal with, including keeping the controversial senders-pay debate at bay.

Leading MEP wants to abolish intra-EU call fees in broadband law

The European Parliament’s rapporteur of a key telecom file proposed abolishing fees for intra-EU calls, and further harmonising provisions on broadband rollout.

Senders-pay

An amendment tabled by conservative lawmakers François-Xavier Bellamy and Othmar Karas, with the support of progressive MEP Adriana Maldonado López, stressed the “need to establish a policy framework where large traffic generators contribute fairly to the adequate funding of telecom networks without prejudice to net neutrality”.

Another amendment by centrist Bart Groothuis, alongside Maldonado López, points to “policies that stimulate demand for connectivity”.

“Such policies should consider impacts to consumers, and not create any market distortions,” the amendment states.

The reference here is to the senders-pay debate, a controversial proposal to make large traffic generators contribute to the cost of digital infrastructure, which seems to have cross-party support in the European Parliament.

However, leading MEP Mituţa has been adamant in keeping the senders-pay debate out of the scope of the Gigabit Infrastructure Act, with an implicit agreement among the representatives of the main political groups to vote any amendment on this down.

EU Parliament asks large traffic operators to chip in on networks costs

A majority of lawmakers in the European Parliament voted in favour of a resolution backing up the senders-pay principles during a plenary vote.

Tower companies

One point where EU lawmakers seem farther apart concerns how to regulate tower companies.

As previously reported by EURACTIV, centre-right shadow rapporteur Angelika Winzig suggested reinforcing control over tower companies. In contrast, fellow party member Angelika Niebler suggested exempting “tower companies which offer only passive access” from provisions regarding their pricing model.

At the same time, Mituţa received support from a centre-right amendment from Massimiliano Salini which suggests obliging “owners land” on which facilities should be built to “negotiate access” under “fair and reasonable terms”.

Amendments also relate to the capacity of the European Commission to take delegated acts on reporting about the tower company market.

Tacit approval

Winzig and centre-left shadow rapporteur Beatrice Covassi suggested deleting the provision for “tacit approval”, the principle that approval is to be assumed should the authority not respond to a permit request within the required deadline.

The required deadline and its renewability are also up for debate, with the rapporteur Mituţa suggesting a three-month deadline with the possibility of renewing only once.

Some right-to-centre MEPs supported the three-month deadline, whilst social democrat Covassi is seeking to shorten it to two months.

However, several amendments push in the opposite direction and aim to make the provision less prescriptive, notably by deleting such provisions or suggesting that EU countries set their own deadlines.

Single Information Point

The telecom draft law introduces the figure of a digital Single Information Point to provide a one-stop shop for information and procedures at the national level. EU lawmakers are divided concerning what data they want it to include and who should be responsible.

Mituţa introduced more elements for these information points to publish, such as the dispute settlement decisions.

MEP Winzig went in the opposite direction, suggesting that in rural areas, operators might not have the capacity to provide all data necessary and should provide it upon request.

An amendment from leftists Elena Kountoura asks EU countries to “make a preliminary inventory of existing information” to prevent duplicates.

Terminology

Debate has also emerged around the right legal term for the qualification of “fibre-ready” public buildings. Several amendment questions this term, suggesting “gigabit-ready”, “gigabit-ready VHCN”, “gigabit-capable”, or “fibre-ready and provided with a functional 5G mobile broadband internet”.

Telecom draft law gains consensus in EU Parliament, with potential political twists ahead

Political consensus has emerged in the European Parliament around a draft telecom law and debates are now confined mainly to technical points about state sovereignty in issuing permits.

Satellite communication

The Green Niklas Nienaß amendment to include satellite constellation was co-signed by one centre-right and one centre-left MEP. However, it is still unsure whether his amendment will find enough support to make it into the text.