European Union: Body of European Regulators for Electronic Communications published early assessment of proposed Digital Networks Act

On 30 March 2026, the Body of European Regulators for Electronic Communications (BEREC) published its early assessment of the European Commission's proposal for a Digital Networks Act (DNA). The DNA, proposed on 21 January 2026, aims to update the objectives and regulatory tools of the legislative framework for electronic communications. The assessment covers the following areas. On regulatory objectives, BEREC raises concerns that the proposed rewording of the competition objective under Article 3(1)(e) would downgrade competition from a standalone objective to a means of ensuring affordable services. On scope, BEREC notes that the DNA does not introduce a definition of "digital networks" and that the rationale of the "ecosystem cooperation" provisions under Articles 191–193 requires further clarification. On General Authorisation, BEREC raises concerns that the Single Passport mechanism under Article 10(3) risks enabling forum shopping and asymmetric distribution of supervisory responsibilities. On spectrum, BEREC questions the proportionality of treating spectrum as a common European resource, introducing rights of indefinite duration, and establishing a single EU-level satellite authorisation framework. On access regulation, BEREC questions the removal of the obligation to publish a Recommendation on Relevant Markets, the hierarchy of remedies under Article 77, and the Commission's veto over remedies under Article 85. On copper switch-off, BEREC notes unresolved questions under Article 57 regarding in-building copper networks and the role of Hybrid Fibre-Coaxial networks. On institutional design, BEREC raises concerns that the expanded role of the Office for Digital Networks risks undermining the independence of national regulatory authorities within the BEREC structure.