Telecom industry awaits clarity as EU’s Digital Networks Act sidesteps land access issues
In the context of mobile infrastructure deployment, ‘land access’ refers to the legal and logistical processes that telecommunications companies must navigate to install and maintain equipment such as cell towers, antennas, and underground cables on public or private property
The European Commission is progressing with its Digital Networks Act (DNA), aiming to modernise the EU’s telecommunications framework. However, the legislation is unlikely to address the contentious issue of land access for mobile infrastructure deployment.
Renate Nikolay, Deputy Director-General for Communications Networks, Content and Technology, indicated that the DNA will not revisit provisions related to land access that were previously covered in the Gigabit Infrastructure Act (GIA). The GIA, finalised in April 2024, introduced measures to streamline the deployment of high-capacity networks but did not specifically tackle land acquisition challenges.
The Commission’s cautious approach stems from the variability of land access issues across member states. While some countries report significant challenges, others do not, making a one-size-fits-all policy difficult to implement. Consequently, the Commission plans to monitor the situation and may consider action if a clear market failure is identified, potentially around 2027 or 2028.
In France, the issue has gained prominence due to the activities of Valocîme, a company that has acquired numerous lease rights for telecom towers. Valocîme’s aggressive tactics, including taking over leases and allegedly disrupting services, have led to legal disputes with major operators like Bouygues Telecom, Orange, and SFR. The French regulatory authority, Arcep, has denied Valocîme’s requests to compel these operators into agreements, highlighting the complexities involved in land access for telecom infrastructure.
Understanding land access is crucial, as it involves securing legal agreements with landowners, navigating regulatory frameworks, obtaining planning permissions, engaging with communities, and overcoming challenges in rural areas. These factors are essential for expanding network coverage and improving service quality.
As the DNA progresses, its focus remains on fostering a unified digital market, enhancing spectrum management, and promoting investment in future networks. While land access remains a critical issue, especially in certain member states, it is not currently a central component of the upcoming legislation.
