Here is what the EU Directive 2018/1972, the new European Electronic Communications Code, provides for regarding radio spectrum, Radio LAN, State aid, and cybersecurity.

After the success of the first in-depth webinar on the new European Electronic Communications Code (click here to read a summary and review the episode), continues Assoprovider's analysis of the EU Directive 2018/1972 led by engineer Alfredo Pasini, a freelancer, consultant for Telecommunications companies, Internet Service Providers, and Broadcasting.

Opening the event was Marcello Cama, national vice president of Assoprovider, who recounted the success of the first episode, with more than 150 registered participants and three new members joining the association of independent providers. In his introduction, Cama recalled how the European Code is "the license for telecom operators and therefore “to do this job, one must know it.

Radio Spectrum: Effective and Efficient Use

After a recap of the previous session, the webinar immediately delves into the regulations concerning Radio Spectrum. The New European Code stipulates that this resource must be used in a manner effective and efficient: as it is a public good, indeed it cannot be risked that it is not used in its entirety.

To this end, the competent authorities must establish certain conditions associated with the rights of use, including the mandatory level of use: essentially, the authorities can revoke such rights if the Radio Spectrum is not used properly, according to the aforementioned criteria of effectiveness and efficiency. The principle is that of usalo o perdilo: the operator must use the radio spectrum that is granted to them, otherwise they risk losing it.

This is an important regulation because it essentially prohibits the so-called anti-competitive accumulation and avoids entry barriers in the market, thus favoring independent and local operators. To this end, the Code also promotes the leasing of Spectrum usage rights and the sharing of frequencies and infrastructures.

Regarding the radio spectrum, the European regulation also establishes another fundamental principle, unfortunately currently disregarded by Italian laws: the authorization system must be as appropriate and least burdensome as possible. Contributions should therefore not become excessive financial burdens, also to encourage investments in the sector. 

The reduction of administrative contributions is a battle that Assoprovider will continue to pursue until Italian law recognizes the principles set forth by the new European regulations.

Read also about Assoprovider's battle: [APodcast] Assoprovider and the battle of the small against the big (and the law of the strongest) 

Radio LAN, the possible alternative

The in-depth analysis then continues with the examination of the articles of the Code concerning RLAN or Radio LAN. In recent years, there has been significant growth in the radio spectrum demand and wireless broadband capacity by end users. 

Considering this aspect, it is increasingly necessary to implement alternative access solutions. The Code, in this perspective, promotes the use of low-power wireless access systems, as can indeed be the RLAN. 

Through this technology, two important results are achieved:

• Improve access for end users;
• They ensure mobile traffic offload for operators.

The Code therefore provides for the removal of any restrictions on the installation and interconnection of RLAN access points.

Cyber Security: the obligations of operators

On the cybersecurity front, the Code establishes a principle that should already be evident to everyone: providers, both of public networks and electronic communication services, should always be required to adopt the maximum level of security for their own networks and services, with adequate and proportionate technical and organizational measures. Among the measures available today, Article 40 of the Code specifically mentions encryption.

When such preventive measures are not sufficient and security incidents occur, Member States require network and service providers to promptly report the incident, depending on its severity. In some cases, the competent authority notifies other Member States and ENISA, the European Union Agency for Cybersecurity, of the security breach.

The operators concerned are then invited to provide users affected by the security breach with measures to take to limit the damage.

Mapping and State Aid: Opportunities for Operators

Among the most interesting topics of this second webinar on the European Electronic Communications Code is the one concerning the geographical mapping of networks. Essentially, the Directive provides for the creation of a mapping of existing broadband networks and another with the forecast of very high capacity networks (VHCN) coverage, in order to identify any areas where VHCN are not present or planned.

The issue of State aid will then come into play, with public funds specifically allocated for the installation of electronic communication networks, in which operators may be involved.

To explore this and other aspects of the Code, you can review the complete webinar — free of charge for Assoprovider members only — by visiting our online event platform Apeventiweb: https://apeventiweb.it/il-nuovo-codice-delle-comunicazioni-elettroniche-europeo-sessione-riservata/