EU’s broadband laws undergo changes: tacit approval principle dropped due to Member State worries

The Gigabit Infrastructure Act (GIA) in the European Union is undergoing a significant alteration as the ‘tacit approval principle,’ designed to expedite the deployment of broadband networks, has been excluded from the latest compromise text circulated by the Spanish presidency of the EU Council. The GIA seeks to streamline administrative processes for advanced networks such as 5G and fibre cables. The contentious tacit approval procedure, which grants formal approval if a competent authority fails to respond within a specified period, was removed due to concerns from member states regarding its impact on public administration and private property rights.

The revised text also underscores the flexibility for EU nations to implement more stringent rules and detailed regulations than those prescribed in the initial regulation, allowing for national adjustments. These proposed modifications are scheduled for further discussion at the technical level on November 14, with anticipated political endorsement during the Transport, Telecommunications, and Energy Council meeting on 5 December.

Why does this matter?

The removal of the ‘tacit approval principle’ from the EU Gigabit Infrastructure Act reflects a response to member states’ concerns about its impact on public administration and private property rights. Furthermore, it aims to address potential conflicts and ensure a more balanced approach to the deployment of advanced networks. The flexibility granted to EU countries in enforcing stricter rules also allows for better adaptation to national contexts. The update in telecom legislation could influence the efficiency and fairness of broadband network rollout across the EU, impacting both public and private stakeholders.