December 16, 2019

Under Article 84(3) of the European Electronic Communications Code Directive (2018/1972/EU), in order to “contribute towards a consistent application of this Article, after consulting stakeholders and in close cooperation with the Commission, taking into account available Commission (Eurostat) data”, BEREC is required to “draw up a report on Member States’ best practices to support the defining of adequate broadband internet access service […].”

Under Article 84, Member States must, in light of national conditions and the minimum bandwidth enjoyed by the majority of consumers within the territory of that Member State, and taking into account the BEREC report on best practices, define the adequate broadband internet access service for their territories with a view to ensuring the bandwidth necessary for social and economic participation in society. The adequate broadband internet access service has to be capable of delivering the bandwidth necessary for supporting at least the minimum set of services set out in Annex V of the Directive.

BEREC’s report examines how Member States have introduced a broadband USO under the legislative framework provided for in the Directive. It offers an insight into the practices of nine Member States (Belgium, Croatia, Finland, Latvia, Malta, Slovenia, Spain, Sweden and the United Kingdom) which have, to date, introduced broadband under a USO, however it is worth pointing out that these Member States did so under the current legislative framework and not under the 2018 Directive.

The key areas addressed in this draft report are:

• the policy principle – Article 84;
• relevant experience that BEREC can draw on;
• common principles with respect to bandwidth, evaluation, eligibility designation mechanism, quality of service, monitoring of compliance and affordability measures, universal service providers, and the nature of funding across MS that have introduced a broadband USO; and
• recommendations for future reports.

In accordance with Article 84(3), this report will be updated regularly, in order to reflect technological advances and changes in consumer usage patterns.

BEREC invites all stakeholders to submit their observations and contributions on the report and to respond to the consultation questions that are set out in section 7. The public consultation is open until 24 January 2020.

The final report, following public consultation and taking into account the public feedback, will be presented for adoption and publication at the BEREC Plenary 2 (June 2020). To access the report and for information on how to respond to the consultation, click here.