BEREC Vice-Chair outlines possible legal ramifications of new global connectivity trends

During the Subsea Conference (10-11 July 2024) in Marseille, France, BEREC Vice-Chair Patrícia Silva Gonçalves (ANACOM, Portugal) participated in the fireside chat, discussing the need to improve collaboration with regulators to streamline the permitting process for subsea cable systems. The discussion also addressed the recent trend of rapid growth in international internet bandwidth and the fact that, over the years, there has been a shift in which content and application providers (CAPs) have evolved from being major users to major owners, investing in their own subsea cables. The BEREC Vice-Chair noted that this growth might lead to increased requirements for authorisation procedures in the future. Additionally, different fibre pairs within the same cable may be subject to differing legal regimes. This could make the determination process more complex, raising questions about the extent to which the electronic communications regulatory framework applies. In this context, BEREC’s work on submarine connectivity was especially emphazied (namely the outcomes from the report on the general authorisation and related frameworks), as well as the security and cybersecurity issues, thus having as a reference the recent European Commission Recommendation on the security and resilience of submarine cable infrastructures.
In a one-to-one conversation, Ms Gonçalves emphasised that while the current legal requirements are complex, industry stakeholders still view Europe as a global benchmark for authorisation procedures.

Sustainability 
The fireside chat also touched upon approaches to minimising the digital footprint on the environment. BEREC advocates for a holistic approach to considering the relevant environmental and economic impacts of all digital technologies. It is well known that digital activities depend on abiotic resources, including rare metals and minerals used in the manufacture of devices, and are responsible for other forms of environmental impacts encompassing water consumption, waste, and biodiversity. Thus, it is crucial to harness the decarbonising potential of new technologies while minimising their adverse environmental effects by reducing the environmental impact of ICT. Here, the case for smart cables was also taken onboard, highlighting their potential contribution to better understand the main problems namely in the oceans, such as global warming, climate change, natural disasters. 

BEREC’s work on submarine connectivity 

Recently, BEREC released a Report on the general authorisation and related frameworks for international submarine connectivity. In the document, among other things, the BEREC experts identify possible ways to simplify procedures and lower costs for licensing, authorisation and registration requirements for international submarine cable connections. The report aims to encourage investment in this sector and enhance the EU’s geostrategic position in international submarine connectivity.

To facilitate the drafting of the report, in 2023, BEREC held a workshop to discuss the current state of the international submarine connectivity business in the European Union. The focus was on the challenges of installing and operating submarine cables, including resilience, security and sustainability. The workshop also covered expectations for changes in the regulatory framework, organisational structure, and public policies at European and national level in this area.