Directive 2014/61/EU on measures to reduce the cost of deploying high-speed electronic communications : a critical analysis of the directive and of its transposition and implementation in Malta

Abstract

The foundation of this study bases itself on the Digital Agenda for Europe presented by the European Commission in 2010, which sets broadband targets of 100% broadband coverage by 2013 for all Europeans and speeds of 30MBps for all with at least 50% of the European households subscribing to internet connections above 100MBps by 2020. Although successful results have been achieved these are a far cry from the established target goals notwithstanding all the initiatives taken, including EU regulation, as presented in this study. One of these initiatives was the publication of Directive 2014/61/EU of the European Parliament and of the Council of 15 May 2014 on measures to reduce the cost of deploying high-speed electronic communications networks (CoBB). The study carried out a critical analysis of its prescribed measures: • Access to existing physical infrastructure of all utilities. • The efficient coordination of civil works. • Faster, simpler and more transparent permit-granting procedure. • Equipment of new buildings and major renovations equipped with high-speed physical infrastructures and access to them, the so-called in-building infrastructure. These measures were to be transposed in all the Member States by 1 January 2016 and implemented at national level by 1July2016. Malta transposed the bulk of these measures in the Utilities and Services (Regulation of Certain Works) Act, a small part in the Electronic Communications (Regulation) Act and also issued a set of new regulations - the In-Building Physical Infrastructure Access to Electronic Communications Services Regulations. The study analysed the transposition and implementation of CoBB in Malta. It cannot be ignored that currently a very ambitious overhaul of EU telecoms rules is taking place in the form of the proposed European Electronic Communications Code (EECC) and the study also analysed if these p10posals will affect the CoBB. The study presents recommendations to complement the CoBB Directive and its implementation, how to increase investments and deployment of high-speed networks, and future research which should be carried out to verify if results are being achieved.