The European Court of Justice (ECJ) clarified the scope of the EU telecommunications regulation for Over-the-top (OTT) services in two recent decisions. The court decided whether SkypeOut and Gmail are electronic communications services under the European Framework Directive.
[This is an updated version of my earlier blog piece from July to take account of revisions agreed through the legislative process since then. On 4th December the European Council concluded the legislative process for the new Code and the final text will be published in the EU Official Journal…
[This is an updated version of my earlier blog piece from July to take account of revisions agreed through the legislative process since then.]
**NOTE – THERE IS AN UPDATED VERSION OF THIS NOTE HERE **
The new European Communications Code (the “Code” – which we have blogged about here) will introduce a mechanism allowing investments in fibre networks made by operators with significant market power (SMP), in some circumstances, to be excluded…
**NOTE THERE IS AN UPDATED VERSION OF THIS POST HERE**
It is now almost two years since the European Commission proposed a new “European Electronic Communications Code” (the “Code”) which would amend and consolidate the current regime (dating from 2002). [i]
On 29 June 2018 a new, amended, draft was published. This is expected to go to a final vote in the Autumn of this year.
The Code will, when finalised, repeal the existing 2002 Directives and replace them with a single, consolidated text, for implementation in Member States within two years. Having spent some time reading through the (c.450) pages the main changes or issues appear to be as follows:
By Rob Shaw, Senior Associate and Ben Rogers, Legal Director – DLA Piper
Proposals for reform of the Code have gathered pace recently; on Tuesday the Department of Culture, Media and Sport released the Government’s proposals to reform the Code and yesterday it was announced that the new Code will…
By Rob Shaw, Senior Associate – DLA Piper (real estate)
This is our second article on the Electronic Communications Code. The first is here
A key issue for operators to be aware of when entering into agreements with landowners or occupiers for the siting of telecoms apparatus on their land…