Juan Velázquez Saiz: Infrastructure operators are a reality that, as an entity separate from MNOs, has only recently come into existence. The problem is that it is not well known. Traditional regulation did not recognize these operators and instead has focused on the MNO as the subject of regulation, which has raised many operational problems in the relationship between deployments and contracts with administrative entities.
However, approval of the Gigabit Infrastructure Act (GIA) - Regulation 2024/1309 (EU) of the European Parliament and of the Council of 29 April 2024 - on measures to reduce the cost of deploying gigabit electronic communications networks, amending Regulation 2015/2120 (EU) and repealing Directive 2014/61 (EU) represents an important step in the recognition of Towercos and other providers of communications infrastructure as a separate subject within the telecommunications market.
It is clear that the concept of infrastructure-as-a-service is far beyond the scope of pure real estate business. Operation, maintenance, energy supply, associated services are functions that go beyond simple ownership and leasing of sites. Regulation is increasingly taking a step forward in limiting the entry of "land aggregators," which are prohibited from imposing speculative prices.
On the other hand, regulation grants telecommunications infrastructure operators the same rights to facilitate deployment that MNOs enjoyed. Furthermore, the GIA guarantees extension of access obligations to public sector bodies, under which the bodies must provide operators with access to key physical infrastructure, thus increasing the market of sites that offers new possibilities for MNOs and Towercos to reduce deployment costs and accelerate the rollout of 5G networks. The GIA regulation aims to address bureaucratic obstacles and simplify administrative procedures that impede network deployment.
The price to pay is a new regulatory burden that requires Towercos to grant access to their infrastructure on “fair and reasonable” terms, including pricing, and to submit any commercial disputes to arbitration by National Regulatory Authorities. The rationale for imposing these new regulatory measures is unclear as it is not based on substantial evidence of market failures. Since the Towerco business model is based on sharing infrastructure, Towercos have a strong commercial incentive to maximize infrastructure use without regulatory intervention and thus host as many operators as possible on their towers.
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