On 21 January 2026, the European Commission (“EC”) formally published the proposal for the Digital Networks Act (“DNA”). This is the culmination of a process since the Commission's 2023 exploratory consultation on the future of the electronic communications sector. The DNA is poised as a legislative proposal that intends to consolidate a number of existing EU legal instruments into a single regulation and it represents the most significant overhaul of the EU’s electronic communications sector since the adoption of the European Electronic Communications Code (“EECC”) back in 2018. It introduces a rather ambitious harmonisation designed to complete the digital single market whilst addressing the evolving geopolitical challenges.
The DNA aims to merge the EECC, the BEREC Regulation, Radio Spectrum Policy Programme and several provisions of the Open Internet Regulation into one holistic regulation. Such a consolidation and restatement into a Regulation rather than a Directive, aims to eliminate the fragmentation that has impacted European operators as 27 divergent implementations have created a patchwork of licencing/authorisation conditions, differing red-tape, and other such regulatory burdens that stifle cross-border operations and innovation; a departure from the EU’s core principle of the single market.
As the EC emphasises in its explanatory materials, European telecoms operators face over 1,000 distinct conditions when operating across the EU, compared to harmonised rules under the DNA. This regulatory complexity has directly undermined European competitiveness relative to global counterparts and created barriers to scaling investment in cutting-edge infrastructure.
Central to the DNA's single market ambitions is the introduction of a "Single Passport" authorisation regime. Under this mechanism, it is intended that telecommunications providers are able to operate across one, several, or all Member States with a single notification to a national regulatory authority.
Juxtaposing the current system, the confirmation procedure is meant to be streamlined: once a national authority confirms receipt of a standardised notification template, the provider may commence operations within one week. The Office for Digital Networks (“ODN”) (formerly the BEREC Office) would maintain a publicly accessible Union database of all notifications, amplifying transparency. For existing providers, there is no requirement for re-notification whereas those deploying new services which require notification will adhere to the single notification process.
To address what the EC identifies as a critical gap in the current framework, the DNA introduces an EU-level satellite spectrum authorisation mechanism. Being inherently cross-border in nature, providers have suffered from fragmentation in this regard, given that 27 distinct authorisation processes comprising of different fee structures and inconsistent timelines exist.
Under the proposed regulation, the Commission, assisted by the RSPB (Radio Spectrum Policy Body, an upgraded version of the current Radio Spectrum Policy Group), will manage such EU satellite authorisations and spectrum allocation.
The DNA mandates a structured transition from legacy copper networks to fibre and sets clear conditions for the copper switch-off. Member States must submit national transition plans specifying which areas will transition and when. To safeguard the individual, copper networks may only be switched off when two cumulative conditions are met: (i) at least 95% fibre coverage; and (ii) availability of affordable retail connectivity services. After 31 December 2035, these conditions cease to apply, and Member States must mandate switch-off in remaining copper areas, subject to some limited exceptions. Operators may maintain networks longer if conditions are unmet, and exceptions apply where fibre deployment is technically infeasible.
The DNA establishes a Union radio spectrum strategy and roadmaps, with a primary focus on sixth-generation (coined as 6G) wireless technologies. It aims to mandate unlimited spectrum licence duration by default, with automatic renewal provisions representing a dramatic shift from the current model of shorter licencing duration and fragmented assignment conditions.
Additionally, the regulation introduces resilience and preparedness obligations that complement existing EU cybersecurity frameworks. The DNA fills a sector-specific operational gap by creating a centralised EU-level coordination mechanism for electronic communications preparedness. The regulation establishes obligations for providers to coordinate responses to natural disasters, cyberattacks, and foreign interference, supported by a new 'Union Preparedness Plan for Digital Infrastructures' to be developed by the ODN.
The DNA now sits before the European Parliament and Council for the ordinary legislative procedure. Once adopted, industry stakeholders and national regulators will have a transition period to align with the new authorisation conditions and procedures.
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Authors: Dr Terence Cassar and Dr J.J. Galea