This is particularly relevant in two areas where the proposal no longer reflects market and technological realities: fixed network access regulation and the switch-off of legacy copper networks. Both issues should be addressed with the same policy logic: enabling investment, facilitating migration to very high-capacity networks (VHCN) and avoiding unnecessary regulatory burdens that could slow down Europe’s digital transition.
Access to fixed networks: moving towards deregulation by default
Telefónica considers that access regulation should evolve towards a deregulatory model by default. The existing system of defining ex-ante relevant markets, designating operators with significant market power and imposing ex ante remedies is rooted in a market reality that has fundamentally changed. Today, most European markets are shaped by competing infrastructures, fiber roll-out, commercial co-investment models and new competitive constraints from a broader digital ecosystem. Maintaining outdated obligations in this context risks discouraging private investment, distorting competition and weakening the incentives to deploy next-generation networks.
The future framework should therefore rely, subject to the necessary exceptions, on ex post intervention through competition law and on the horizontal safeguards already provided by the Gigabit Infrastructure Act for access to passive infrastructure. The framework should have the tools to impose ex-ante access obligations in clearly identified cases where competition law and the horizontal framework are not sufficient to ensure effective retail competition. This would require national regulatory authorities to adopt a more prospective assessment of competitive conditions, focused on whether competitive active fiber wholesale offers are available and able to support retail competition.
Where infrastructure competition has proven possible, as in markets with extensive fibre deployment, no ex-ante access regulation should apply. Spain is the paradigmatic example of infrastructure-based competition in the EU. In markets characterised by effective infrastructure competition, commercial agreements have consistently demonstrated their ability to deliver efficient outcomes without the need for additional regulatory intervention. Conversely, where there is no infrastructure competition, nor competitive wholesale offers in the market, targeted and temporary access obligations are still needed. This is the case for example for Germany where fiber deployment is still at an early stage.
In line with the above, Telefónica does not support the introduction of a regulated European harmonized wholesale access product. Such a wholesale access product would increase operational complexity, add an unjustified layer of regulation without benefiting the operators and therefore, final customer.
Copper switch-off: facilitating migration according to a market driven approach
Telefónica agrees that the migration from copper to fiber networks is desirable and should be strongly supported. The switch-off of legacy copper networks is one of the most relevant measures to avoid duplications in the operation of networks. Fibre-to-the-home not only enables higher quality and more reliable connectivity but also delivers substantial energy-efficiency gains compared to copper and reduces the need for field operations linked to maintenance and customer service.
This approach is clearly reflected in Telefónica’s strategy in Spain over recent years. Telefónica’s fixed networks in Spain, since 2025, are no longer supported by copper, having followed an organic and sustained transition towards fibre. This experience shows that copper switch-off can be achieved through a market-driven process, provided that operators are given the right incentives and sufficient regulatory flexibility to migrate customers to more efficient and future-proof technologies.
A credible and economically sustainable transition should be based on a procedure that, based on the network owner deployment plans, also considers the ability of retail and wholesale customers to migrate smoothly and fairly to the new network where a competitive wholesale active product should be available.
Moving forward
The Digital Networks Act should be used to close the gap between Europe’s digital ambition and the regulatory tools needed to deliver it. In access regulation, this means moving from intrusive ex ante intervention to a market-driven framework where regulation is exceptional, proportionate and targeted. The copper switch-off procedure should be also commercially driven allowing the smooth migration from wholesale and retail customers from copper to fiber.
For these reforms to be effective, the European Bodies should ensure that the future framework gives priority to investment, sustainability and the deployment of fiber networks. A lighter and more coherent regulatory model would allow European operators to invest, innovate and compete on stronger foundations, while delivering better connectivity, greater resilience and more sustainable digital infrastructures for European consumers and businesses.
