Call for initial stakeholder input for the preparation of the BEREC Guidelines on access to in-building physical infrastructure according to Article 11(6) of the Gigabit Infrastructure Act
The new Gigabit Infrastructure Act (GIA) entered into force on 11 May 2024 and replaces the Broadband Cost Reduction Directive (BCRD) adopted in 2014. Most provisions of the GIA shall apply from 12 November 2025 onward. In Article 11(6) of the GIA, the co-legislators task BEREC with the provision of the Guidelines as follows:
“By 12 November 2025, after consulting stakeholders, the national dispute settlement bodies and other competent Union bodies or agencies in the relevant sectors as appropriate, and taking into account well-established principles and the distinct situation across Member States, BEREC shall, in close cooperation with the Commission, publish guidelines on
a) the terms and conditions of access to in-building physical infrastructure, including on the application of fair and reasonable terms and conditions, and
b) the criteria that the national dispute settlement bodies should follow when settling disputes.„
During the 59th BEREC ordinary meeting (06 June 2024), the Board of Regulators approved for internal use the Scoping and Proposal document for the BEREC Guidelines on access to in-building physical infrastructure according to Article 11(6) of the GIA which envisaged that BEREC Guidelines will also consider the stakeholders’ views which will be collected by means of an initial call for input, by answering a set of questions.
This call for input gives stakeholders the opportunity for an early involvement in the development of the BEREC guidelines on access to in-building physical infrastructure according to Article 11(6) of the GIA.
All stakeholders are invited to submit their input by 20 September 2024 COB to the following
hyperlink:
https://ec.europa.eu/eusurvey/runner/Call_for_stakeholder_input_art11_GIA_GL
Stakeholders' submissions will be published unless declared as confidential and will be used as input to BEREC’s thinking on draft guidelines, but BEREC will not be publishing a direct response to their input at this stage. Stakeholders will have an opportunity to provide further submissions to BEREC when Draft Guidelines are consulted and BEREC will respond to that input in a separate document. The Board of Regulators will adopt and publish the Guidelines by 12 November 2025.