European regulator proposes new guidelines for high-capacity networks

Introduction

BEREC^[1] has approved a proposal to amend the guidelines on the requirements that electronic communications networks must meet to be classified as very high capacity networks (VHCN^[2]), in particular with regard to downlink and uplink bandwidth, resilience, latency and variations. This document was open for public consultation until 30 April, and the final version is expected to be published by 31 December 2025.

Article 82 of the European Electronic Communications Code (EECC) gives BEREC responsibility for developing guidelines on the criteria for classifying a network as having very high capacity. In this context, BEREC intends to (i) update these criteria in the light of the development and maturity of new technologies and (ii) provide practical information on the capacity of communications networks and operators in accordance with Article 4(1)(j)(i) of the BEREC Regulation^[3].

The new version of the guidelines focuses on the following issues:

• Review of the current performance of fixed networks and, based on this assessment, confirmation of the performance thresholds initially set for 2020.
• 5G technology, in particular as BEREC updates the performance thresholds for wireless networks based on data collected from mobile network operators on this technology.

Proposed changes to the guidelines

Four years after the first version of the guidelines, and following surveys on the state of the art of VHCN technology and performance in Member States^[4], BEREC considers that the guidelines should be updated.

According to the guidelines, networks that can be considered as VHCNs must meet the following performance thresholds:

• Consists entirely of fibre elements, at least to the distribution point (multi-dwelling).
• Provides wireless connectivity with fibre to the base station.
• A fixed-line connection which, under normal peak-time, provides similar network performance in terms of downlink and uplink bandwidth, resilience, error-related parameters, latency and jitter, at least up to the distribution point (multi-dwelling).
• A wireless connection which, under normal peak-time, offers network performance equivalent to that achievable by a network providing wireless connectivity with fibre to the base station.

The analysis, based on data collected in 2024, confirms technological stability in the fixed segment, with no relevant developments identified with respect to the most advanced access technologies already considered in 2020, namely G.fast (212 MHz) and DOCSIS 3.1. On the basis of this empirical evidence, BEREC concluded that the performance thresholds defined at that time should be maintained as they were still considered appropriate for the current state of the art.

Updating the thresholds applicable to mobile networks in the context of VHCN classification

The proposed update of the BEREC Guidelines includes a review of the technical criteria applicable to mobile networks for the purpose of qualification as Very High Capacity Networks under Article 82 of the EECC^[5]. The aim of this review is to ensure that mobile networks, in particular those based on 5G technology, can be considered technically equivalent to the latest generation of fixed networks, provided that they meet objective performance thresholds under normal peak conditions.

BEREC’s analysis is based on data collected from mobile network operators in 19 Member States between May and June 2022. The methodology used distinguishes between two scenarios^[6]:

• Scenario 1: represents the current performance of commercial networks, reflecting actual conditions of service delivery to end-users.
• Scenario 2: refers to pilot deployments or technology configurations with the highest level of performance available, even if not widely commercialised.

BEREC notes that the data collection focused mainly on Scenario 1^[7] , given the early stage of 5G technology deployment in many markets at the time of data collection. This methodological limitation required a cautious review based on empirical evidence representative of the current state of mobile infrastructure in the EU.

A comparison between the thresholds defined in the original version of the Guidelines (2020) and those now proposed shows the following adjustments:

It follows from the above that BEREC is proposing a cautious update that reflects developments in mobile network performance, in particular in terms of bandwidth, latency and availability indicators. The retention of some parameters (uplink) and the adjustment of others (packet loss) reflect a compromise between technical requirements and regulatory reality.

Regulatory implications and issues to be considered in response to the public consultation

The proposed update of the BEREC Guidelines has important implications for national regulatory authorities (NRAs), which are responsible under the EECC for applying the technical criteria in the context of the markets they supervise.

Although limited in scope, the new version of the Guidelines raises a number of issues that deserve particular attention in the public consultation, of which we highlight the following:

• The appropriateness and proportionality of the proposed thresholds: The increase of the downlink threshold to 350 Mbps should be considered in the light of the principle of proportionality, taking into account the asymmetries in coverage between urban and rural areas and the objectives of digital inclusion.
• Technical and operational definition of ‘usual peak conditions’: The lack of a harmonised definition makes it difficult to apply this criterion consistently, so it may be relevant to provide more detail on the measurement methodology and reference parameters to be taken into account when defining this concept.
• Coordination with the objectives of the EU Digital Decade: The revision of the Guidelines should be coordinated with the objectives of the Digital Decade 2030 programme, including regulatory predictability and the anticipation of multi-annual connectivity targets^[8].

The consideration of these aspects in the final version of the Guidelines could help to strengthen the legal certainty, regulatory consistency and technical feasibility of the Guidelines themselves, and ensure a consistent and effective application of the criteria for qualifying VHCNs in the European area.