The European Commission has released its proposal for the most important update to telecoms regulation in Europe since the inception of the European Electronic Communications Code (EECC) in 2018. The proposed Digital Networks Act (DNA) is intended to reshape the telecoms landscape within the EU's single digital market and incentivise investment in future-proofed digital infrastructure.

We will be publishing a series of updates covering the DNA over the coming weeks but, for now, here are the key points for telecoms operators, financial investors and other industry players alike: 

• Regulatory uniformity: As a directly applicable Regulation, the DNA is targeted to replace the fragmented patchwork of national rules implementing the EECC Directive with a single, harmonised and cohesive regulatory framework across the EU.
• EU-wide 'Single Passport' scheme: A new 'Single Passport' regime will enable operators to provide electronic communications services in multiple EU Member States via a single notification to one EU Member State.
• The 'Fair-Share' debate: The DNA contains the EU's latest input to this debate (should large content providers directly contribute to network operators' infrastructure costs?) – a voluntary reconciliation regime for IP interconnection arrangements between network operators and content providers.
• Copper switch-off / fibre roll-out: There is now a mandated copper switch-off date (31 December 2035) in areas with sufficient fibre coverage (≥95%) and affordable connectivity services. This follows a coordinated transition approach, with 'Copper Switch-Off Areas' identified by mid-2028 and fibre transition plans delivered by mid-2029. Perhaps more relevant for certain Member States than others given historic differences in approach.
• Security and resilience:  Aligning to NIS 2 and the Cybersecurity Act, the DNA strengthens operational and cybersecurity requirements, including through adopting an EU-wide preparedness plan for digital infrastructure and harmonisation on supply chain security requirements through the general authorisation regime.
• Harmonised spectrum management: There is a new unified EU-level approach to spectrum assignment, renewal, and sharing, which supports longer licence durations (including unlimited duration and automatic renewals), and 'use-it-or-share-it' provisions.
• Pan-EU satellite authorisation: Satellite operators benefit from a single EU-level licence, eliminating the need for separate national authorisations.
• Governance: Governance will be underpinned by the Body of European Regulators for Electronic Communications (BEREC), the establishment of a new Office for Digital Networks (ODN) and the new Radio Spectrum Policy Body (RSPB) (replacing the Radio Spectrum Policy Group).
• What hasn't(?) changed: With the DNA replacing vast swathes of existing regulation – including the EECC and parts of the ePrivacy Directive and Open Internet Regulation, much hasn't changed. It remains to be seen though whether this plays out in the detail and nuances, and it is expected that a flurry of review and compliance activity will be required for operators leading up to and following implementation of the DNA, should it come into force.   

This is only the beginning of the DNA's journey.  It will now be subject to trilogue negotiations and amendments. If adopted, it will apply from 6 months after the date of its entry into force.