European Union: Adopted EU Guidelines on State Aid for Broadband Network

On 12 December 2022, the European Commission adopted the new “Guidelines on State aid for broadband networks” (Broadband Guidelines), amending the 2013 Broadband Guidelines. The Broadband Guidelines establish the rules that the Commission applies when assessing the allocation of State aid for the deployment and take-up of broadband networks to reduce the digital divide while minimising its impact on competition. The new Guidelines notably introduce a new assessment framework for deploying mobile networks, including 5G, which will allow public funding in urban areas but are subject to very strict competitive conditions. In particular, the new Broadband Guidelines update the rules for public support to fixed networks, introduce new sections on public support to mobile networks and on take-up measures, simplify rules to facilitate the application of the Guidelines, provide additional guidance on key concepts and streamline the structure of the assessment framework.