The Digital Networks Act is entering a decisive phase and is drawing the attention of national and European institutions. On the table is the reform of the digital networks framework, with one of the most significant issues being the management of the radio spectrum. Around this topic, a widely shared orientation is emerging that aims to strengthen periodic license verification tools, in a context that could, however, highlight a different approach by the Italian Authority.
THE DNA AND THE GOAL OF OVERCOMING FRAGMENTATION
The telecommunications sector is closely following the evolution of the Digital Networks Act (DNA), the proposal for a Regulation through which the European Union aims to overcome the fragmentation of national regulations, offering greater strategic and operational certainty to operators. The effects of the reform are expected to impact especially sectors with a strong European dimension, such as radio spectrum management, satellite services, cloud, and digital infrastructures.
Precisely on the topic of spectrum, considered strategic for the technological and digital development of the country, last week the EU Policy Committees of the Chamber and Senate, BEREC, the Radio Spectrum Policy Group (RSPG), and the European Economic and Social Committee (EESC) intervened. At the same time, the ITRE Committee of the European Parliament, responsible for the dossier, is conducting a series of public hearings with sector stakeholders.
THE SHARED ORIENTATION ON LICENSES
From the various opinions emerges a substantially convergent direction. The provision contained in the DNA that introduces an indefinite duration of spectrum usage rights is viewed positively only if accompanied by periodic reassessment mechanisms capable of verifying that the frequency allocation continues to be effective, consistent with market evolution, and able to support investments.
The goal indicated by the institutions is to maintain a balance between regulatory stability, network development, competition, and the efficient use of a limited public resource.
THE OPINIONS OF THE CHAMBER AND SENATE
At the Chamber, the EU Policy Committee approved a majority opinion with favorable votes also from the PD, Italia Viva, and M5s. The document expresses a positive assessment of Article 24 of the DNA, which introduces the unlimited duration of spectrum usage rights, provided that clear and verifiable criteria are established along with periodic checks on the efficient use of frequencies, coverage objectives, service quality, competition, and the impact of investments for citizens, businesses, and territories.
Regarding the automatic renewal of frequencies provided for in Article 25, the Committee considers it necessary to verify competitive conditions, efficient spectrum use, coverage objectives, and investment continuity, so as to avoid market-distorting effects.
A similar approach also emerges from the opinion of the Senate’s EU Policy Committee. Palazzo Madama highlights that the unlimited duration of usage rights should only be provided within a framework capable of protecting investments already made, encouraging future ones, and guaranteeing over time access to existing infrastructures. Automatic renewal should also depend on an assessment of competitive conditions, access to passive infrastructures, and investments in network densification, avoiding that any imbalances in spectrum distribution become permanent.
THE POSITIONS OF EUROPEAN BODIES
European bodies also express themselves in the same direction. BEREC, which brings together national electronic communications regulators and includes Italy represented by AGCOM, had already noted in its interim opinion that the proposal risks favoring current holders of usage rights, reducing market contestability and competitive dynamics in spectrum access, with possible negative effects on innovation, efficient frequency use, and long-term benefits for consumers.
In the final document dedicated to spectrum, published recently, BEREC reiterates this approach and emphasizes that, should a national authority decide not to automatically renew an expiring frequency, it could call a new tender only if there is interest from operators other than those already assigned in the same band. According to BEREC, “this approach would end up crystallizing existing setups and could prevent smaller operators from obtaining additional spectrum to compete better, thus weakening market contestability and competitive dynamics in spectrum access.”
An equally clear position comes from the Radio Spectrum Policy Group, a body that brings together Member State representatives on radio spectrum policy, with Italian participation from MIMIT and AGCOM. The group recognizes that usage rights must have a sufficient duration to encourage investments, innovation, and rapid network development, but considers the current system of fixed-term licenses already adequate to achieve these goals and finds little, if any, reason to adopt unlimited-duration licenses as a general rule. The RSPG also points out that the authorization regime must continue to allow periodic checks on efficient spectrum use, conditions associated with usage rights, technological developments, potential competitive issues, and the possibility of rebalancing frequency allocation over time, using market mechanisms where possible.
The European Economic and Social Committee, in the opinion for which Professor Maurizio Mensi is rapporteur, also acknowledges that longer licenses can support long-term planning and investments, but only if accompanied by periodic reviews and “use it or share it” type mechanisms. According to the EESC, such tools are necessary to prevent spectrum hoarding, ensure the efficient use of a scarce public resource, and prevent the consolidation over time of dominant positions incompatible with European principles on competition and spectrum policy.
THE POSSIBLE DEVIATION OF AGCOM
Within this framework, a particularly interesting element emerges. According to available information, AGCOM appears to be leaning towards a different approach than the one that seems to be consolidating within European and national institutions. The Authority is expected to publish in July the third consultation on the renewal of licenses expiring in 2029, opening a phase destined to clarify the Italian orientation on one of the most significant chapters of the Digital Networks Act.
