Activities of Niklas NIENASS related to 2023/0046(COD)
Shadow reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council on measures to reduce the cost of deploying gigabit electronic communications networks and repealing Directive 2014/61/EU (Gigabit Infrastructure Act)
Amendments (34)
Amendment 76 #
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3a) blending space and terrestrial is important for the connectivity roll-out to better prepare for the next wave of digital infrastructure enabling Europe to take the lead;
Amendment 77 #
Proposal for a regulation
Recital 3 b (new)
Recital 3 b (new)
(3b) need to take into consideration the satellite backhauling enabling to reduce costs on deploying electronic communication network in digital high- speed connectivity, which requires 5G roll-out in all urban areas by 2030, as well as ultra-fast broadband networks
Amendment 78 #
Proposal for a regulation
Recital 3 c (new)
Recital 3 c (new)
Amendment 94 #
Proposal for a regulation
Recital 13
Recital 13
(13) It can be significantly more efficient for operators, in particular new entrants, to reuse existing physical infrastructure, including that of other utilities, to roll out very high capacity networks or associated facilities. This is the case, in particular, in areas where no suitable electronic communications network is available or where it may not be economically feasible to build new physical infrastructure. Moreover, synergies across sectors may significantly reduce the need for civil works relating to the deployment of very high capacity networks. This reuse can also reduce the social and environmental costs linked to these works, such as pollution, noise and traffic congestion. Therefore, this Regulation should apply not only to operators but also to owners or holders of rights to use extensive and ubiquitous physical infrastructure suitable to host electronic communications network elements, such as physical networks for the provision of electricity, gas, water and sewage and drainage systems, and heating and transport services. In the case of holders of rights, this does not change any property rights of third parties or limit their exercise.
Amendment 106 #
Proposal for a regulation
Recital 18
Recital 18
(18) This Regulation should be without prejudice to any specific safeguard needed to ensure safety and public health, the security and integrity of the networks, in particular critical infrastructure, as defined by national law, and to ensure that the main service provided by the network operator is not affected, in particular in networks used for the provision of water intended for human consumption. However, general rules in national legislation prohibiting network operators from negotiating access to physical infrastructures by undertakings providing or authorised to provide electronic communications networks or associated facilities could prevent creating a market for access to physical infrastructure. Such general rules should therefore be abolished. At the same time, the measures set out in this Regulation should not prevent Member States from incentivising utility operators to give access to infrastructure by excluding revenue generated from the access to their physical infrastructure when calculating end-user tariffs for their main activity or activities, in accordance with applicable Union law.
Amendment 107 #
Proposal for a regulation
Recital 18
Recital 18
(18) This Regulation should be without prejudice to any specific national, regional or local safeguard needed to ensure safety and public health, the security and integrity of the networks, in particular critical infrastructure, as defined by national law, and to ensure that the main service provided by the network operator is not affected, in particular in networks used for the provision of water intended for human consumption. However, general rules in national legislation prohibiting network operators from negotiating access to physical infrastructures by undertakings providing or authorised to provide electronic communications networks or associated facilities could prevent creating a market for access to physical infrastructure. Such general rules should therefore be abolished. At the same time, the measures set out in this Regulation should not prevent Member States from incentivising utility operators to give access to infrastructure by excluding revenue generated from the access to their physical infrastructure when calculating end-user tariffs for their main activity or activities, in accordance with applicable Union law.
Amendment 113 #
Proposal for a regulation
Recital 20
Recital 20
(20) To ensure proportionality and preserve investment incentives, a network operator or public sector body should have the right to refuse access to specific physical infrastructure for objective and justified reasons. In particular, a physical infrastructure for which access has been requested could be technically unsuitable due to specific circumstances, or because of lack of currently available space or future needs for space that are sufficiently demonstrated, for instance, in publicly available investment plans. To ensure proportionality and preserve investment incentives, a network operator or public sector body may refuse access to specific physical infrastructure. To avoid any potential distortion of competition or any possible abuse of the conditions to refuse access, any such refusal should be duly justified and based on objective and detailed reasons. For example such reasons would not be considered objective where an undertaking providing or authorised to provide electronic communications networks has deployed physical infrastructure thanks to civil works coordination with a network operator other than an electronic communications network operator and refuses to grant access based on an alleged lack of availability of space to host the elements of very high capacity networks which results from decisions made by the undertaking under its control. In such case, a competition distortion could arise if there is no other VHCN in the area concerned by the access request. Similarly, in specific circumstances, sharing the infrastructure could jeopardise safety or public health, network integrity and security, including that of critical infrastructure, or could endanger the provision of services that are primarily provided over the same infrastructure. Moreover, where the network operator already provides a viable alternative means of wholesale physical access to electronic communications networks that would meet the needs of the access seeker, such as dark fibre or fibre unbundling, access to the underlying physical infrastructure could have an adverse economic impact on its business model, in particular that of wholesale-only operators, and incentives to invest. It may also risk an inefficient duplication of network elements. The assessment of the fair and reasonable character of the terms and conditions for such alternative means of wholesale physical access should take into account, inter alia, the underlying business model of the undertaking providing or authorised to provide public electronic communications networks granting access and the need to avoid any reinforcement of the significant market power, if any, of either party.
Amendment 117 #
Proposal for a regulation
Recital 21
Recital 21
(21) To facilitate the reuse of existing physical infrastructure, where operators request access in a specified area, network operators and public sector bodies that own or control physical infrastructure should make an offer for the shared use of their facilities under fair and reasonable terms and conditions, including price, unless access is refused for objective and justified reasons. Public sector bodies should also be requirincentivised to offer access under non- discriminatory terms and conditions. Depending on the circumstances, several factors could influence the conditions under which such access is granted. These include: (i) any additional maintenance and adaptation costs; (ii) any preventive safeguards to be adopted to limit adverse effects on network safety, security and integrity; (iii) any specific liability arrangements in the event of damages; (iv) 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; (v) the ability to deliver or provide infrastructure capacity to meet public service obligations; and (vi) any constraints stemming from national provisions aiming to protect the environment, public health, public security or to meet town and country planning objectives.
Amendment 141 #
Proposal for a regulation
Recital 39
Recital 39
(39) Permit-granting procedures should not be unjustified barriers to investment or harm the internal market. Member States should therefore ensure that a decision on whether or not to grant permits on the deployment of elements of very high capacity networks or associated facilities is made available within 4 months from the receipt of a complete permit request. This is 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. Competent authorities should not restrict, or hinder or make the deployment of very high capacity networks or associated facilities economically less attractive. Specifically, they should not prevent procedures for granting permits and rights of way from proceeding in parallel, where possible, or require operators to obtain one type of authorisation before they can apply for other types of authorisations. Competent authorities should justify any refusal to grant permits or rights of way under their competence, based on objective, transparent, non- discriminatory and proportionate conditions.
Amendment 157 #
Proposal for a regulation
Recital 43
Recital 43
(43) To facilitate the deployment of elements of very high capacity networks, any fee related to a permit, other than rights of way, should be limited to and take into account the administrative costs related to processing the permit request according to the principles established in Article 16 of Directive (EU) 2018/1972. In the case of rights of way, the provisions established in Articles 42 and 43 of Directive (EU) 2018/1972 apply.
Amendment 161 #
Proposal for a regulation
Recital 47
Recital 47
(47) Undertakings providing or authorised to provide public electronic communications networks deploying gigabit networks in a specific area could achieve significant economies of scale if they could terminate their network to the building’s access point by using existing physical infrastructure and restoring the affected area. This should be possible irrespective of whether a subscriber has expressed explicit interest for the service at that moment in time and provided that the impact on private property is minimised, and property right is fully respected. Once the network is terminated at the access point, the connection of an additional customer is possible at a significantly lower cost, in particular by means of access to a fibre-ready vertical segment inside the building, where it already exists. That objective is also fulfilled when the building itself is already equipped with a gigabit network to which access is provided to any public communications network provider, which has an active subscriber in the building, under transparent, proportionate and non- discriminatory terms and conditions. That could in particular be the case in Member States that have taken measures under Article 44 of Directive (EU) 2018/1972.
Amendment 164 #
(50) In view of the social benefits stemming from digital inclusion and taking into account the economics of deploying very high capacity networks, where there is neither existing passive or active fibre- ready infrastructure serving end users’ premises nor alternatives to providing very high capacity networks to a subscriber, any public communications network provider should have the right to terminate its network to a private premise at its own cost, provided that the impact on private property is minimised and property right is fully respected, for example, if possible, by reusing the existing physical infrastructure available in the building or ensuring full restoration of the affected areas.
Amendment 173 #
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. If any provisin the implementation of this Regulation interpretation conflicts with a provision of Directive (EU) 2018/1972 or Directive 2002/77/EC occur, the relevant provision of those Directives shall prevail.
Amendment 209 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Upon written request of an operator, public sector bodies owning or controlling physical infrastructure or network operators shall meet all reasonable requests for access to that physical infrastructure under fair and reasonable terms and conditions, including price, with a view to deploying elements of very high capacity networks or associated facilities. Public sector bodies owning or controlling physical infrastructure shall meet all reasonable requests for access also under non-discriminatory terms and conditions. Such written requests shall specify the elements of the physical infrastructure for which the access is requested, including a specific time frame, along with a justification showing why the selected location has been chosen to the detriment of another or to the use of a commercial agreement giving access to a similar location or infrastructure sharing.
Amendment 233 #
Proposal for a regulation
Article 3 – paragraph 2 – point b
Article 3 – paragraph 2 – point b
(b) the impact of the requestedlocal needs of access onand the access provider’s business plan, including investments in the physical infrastructure to which the access has been requestedexisting services, with due regard to encouraging competition and infrastructure sharing;
Amendment 248 #
Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 1 – point f
Article 3 – paragraph 3 – subparagraph 1 – point f
(f) the availability of viable alternative means of wholesale physical access to electronic communications networks provided by the samea network operator and suitable for the provision of very high capacity networks, provided that such access is offered under fair and reasonable terms and conditions.
Amendment 262 #
Proposal for a regulation
Article 3 – paragraph 6
Article 3 – paragraph 6
6. Public sector bodies owning or controlling buildings or certain categories of buildings may not apply paragraphs 1, 2 and 3 to those buildings or categories of buildings for reasons of architectural, historical, religious, or natural value, or for reasons of public security, safety and health. Member States, regional and local authorities shall identify such buildings or categories of buildings in their territories based on duly justified and proportionate reasons. Information on such buildings or categories of buildings shall be published via a single information point and notified to the Commissionby the competent authority.
Amendment 264 #
Proposal for a regulation
Article 3 – paragraph 8
Article 3 – paragraph 8
8. This ArticleRegulation shall be without prejudice to the right to property of the owner of the physical infrastructure where the network operator or the public sector body is not the owner and to the right to property of any other third party, such as landowners and private property owners.
Amendment 272 #
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Network operators, including operators of electronic communication network, and public sector bodies shall make available at least the minimum information referred to in paragraph 1, via the single information point and in electronic format, by [DATE OF ENTRY INTO FORCE + 12 MONTHS]. Under the same conditions, network operators and public sector bodies shall make available promptly any update to that information and any new minimum information referred to in paragraph 1. Member states can specify additional categories of information to be provided by the network operators.
Amendment 285 #
Proposal for a regulation
Article 4 – paragraph 4 – subparagraph 3
Article 4 – paragraph 4 – subparagraph 3
Any such exceptional categories shall be published via a single information point and notified to the Commission.
Amendment 292 #
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 1
Article 5 – paragraph 2 – subparagraph 1
Any network operator when performing or planning to perform directly or indirectly civil works, in urban areas, which are fully or partially financed by public means, shall meet any reasonable written request to coordinate those civil works under transparent and non-discriminatory terms made by operators with a view to deploying elements of very high capacity networks or associated facilities.
Amendment 313 #
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 3
Article 6 – paragraph 1 – subparagraph 3
Operators shall have the right to access the minimum information referred to in the first subparagraph in electronic format, upon unjustified request, via the single information point. The request for access to information shall specify the area in which the requesting operator envisages deploying elements of very high capacity networks or associated facilities. Within 1 week from the date of the receipt of the request for information, the requested information shall be made available under proportionate, non-discriminatory and transparent terms. Access to the minimum information may be limited only to the extent necessary to ensure the security of the networks and their integrity, national security, public health or safety, confidentiality or operating and business secrets.
Amendment 315 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Competent authorities shall not unduly restrict, hinder or make economically less attractive the deployment of any element of very high capacity networks or associated facilities. Member States shall ensure that any rules governing the conditions and procedures applicable for granting permits, including rights of way, required for the deployment of elements of very high capacity networks or associated facilities are consistent across the national territory, encourage competition and contribute to achieving climate goals by avoiding unjustified duplication of infrastructures.
Amendment 335 #
Proposal for a regulation
Article 7 – paragraph 5 – subparagraph 1
Article 7 – paragraph 5 – subparagraph 1
The competent authorities shall grant or refuse permits, other than rights of way, within 4 months from the date of the receiptapproval of a complete permitness of the application.
Amendment 341 #
Proposal for a regulation
Article 7 – paragraph 5 – subparagraph 2
Article 7 – paragraph 5 – subparagraph 2
The completeness of the application for permits or rights of way shall be determined by the competent authorities within 15 days from the receipt of the application. Unless tThe competent authorities should invited the applicant to provide any missing information within that period, the application shall be deemed complete.
Amendment 343 #
Proposal for a regulation
Article 7 – paragraph 5 – subparagraph 2 a (new)
Article 7 – paragraph 5 – subparagraph 2 a (new)
By way of exception and based on a justified reason set out by a Member State, the 15 days deadline may be extended by the competent authority on its own motion. Any extension shall be the shortest possible. Member States shall set out the reasons justifying such an extension, inform the applicant in advance and notify the Commission.
Amendment 346 #
Proposal for a regulation
Article 7 – paragraph 5 – subparagraph 4
Article 7 – paragraph 5 – subparagraph 4
By way of exception and based on a justified reason set out by a Member State, the 4 month deadline referred to in the first subparagraph and in paragraph 6 may be extended by the competent authority on its own motion. Any extension shall be the shortest possible. Member States shall set out the reasons justifying such an extension, publish them in advance via single information points and notify them to the Commission and no longer than another 3 months.
Amendment 371 #
Proposal for a regulation
Article 7 – paragraph 8
Article 7 – paragraph 8
8. The Commission shall, by means of an implementing delegated act, specify categories of deployment of elements of very high capacity networks or associated facilities that shall not be subject to any permit- granting procedure within the meaning of this Article. This implementing act shall be adopted in accordance with the examination procedure referred to in Article 13.
Amendment 373 #
Proposal for a regulation
Article 7 – paragraph 9
Article 7 – paragraph 9
9. Competent authorities shall not subject the deployment of elements referred to in paragraph 8 to anymake use as possible of single permitting track, including in it individual town planning permit or other individual prior permits. By way of derogation, cpermits necessary in prealable. Competent authorities may also require permits for the deployment of elements of very high capacity networks or associated facilities on buildings or sites of architectural, historical, religious or natural value, of a special status protected in accordance with national law, regional or local regulations or where necessary for public safety and health reasons.
Amendment 375 #
Proposal for a regulation
Article 7 – paragraph 10
Article 7 – paragraph 10
10. PermitAdministrative charges, other than rights of way, required for the deployment of elements of very high capacity networks or associated facilities shall not be subject to any fees or charges going beyond administrative costs as provided for, mutatis mutandis, in Article 16 of Directive (EU) 2018/1972. Member States, regional or local authorities may still set justified fees for authorisation procedures such as construction permits
Amendment 413 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Subject to paragraph 3, first subparagraph, and without prejudice to property rights, any public electronic communications network provider shall have the right to roll out its network at its own costs up to the access point.
Amendment 425 #
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
4. In the absence of available fibre- ready in-building physical infrastructure, every public electronic communications network provider shall have the right to terminate its network at the premises of the subscriber, subject to the agreement of the subscriber, provided that it minimises the impact onrespects the private property rights of third parties.
Amendment 446 #
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. By [DATE OF ENTRY INTO FORCE + 5 YEARS], the Commission shall present a report to the European Parliament and the Council on the implementation of this Regulation. The report shall include a summary of the impact of the measures set out in this Regulation and an assessment of the progress towards achieving its objectives, including whether and how the Regulation could further contribute to achieving the connectivity targets set out in the Decision establishing the Digital Decade Policy Programme 2030. The report needs to take into consideration the use of satellite backhauling in digital high-speed connectivity and the use of the European Infrastructure for Resilience, Interconnectivity and Security by Satellite.
Amendment 455 #
Proposal for a regulation
Article 16 – paragraph 1 a (new)
Article 16 – paragraph 1 a (new)