The DNA already\u00a0contains\u00a0some of the most ambitious and forward-looking spectrum provisions proposed in recent years,\u00a0particularly\u00a0on\u00a0licence duration,\u00a0prices, and yearly\u00a0fees.\u00a0If preserved, they can significantly improve regulatory certainty and create better conditions for long-term investment.\u00a0\u00a0<\/p>\n
The DNA Proposal introduces key improvements to spectrum policy\u00a0 <\/p>\n
\u2013 A clear move towards indefinite licences and renewal by default, marking a significant step forward compared to the current Electronic Communications Code framework. This brings the long-term predictability needed to support sustained investment and innovation by the licence holders in next generation networks.<\/p>\n
\u2013 Stronger guidance on yearly fees and reserve prices, aligned with pro-investment principles, with the EU adopting reccomendations on a common methodology.<\/p>\n
\u2013 Greater consistency and convergence in the the spectrum assignment across Member States reinforcing EU guidance, including an EU level spectrum strategy, and roadmaps.<\/p>\n
Together, these measures would create a more predictable, coordinated and investment-friendly spectrum framework to support Europe\u2019s connectivity and competitiveness.\u00a0<\/p>\n
Indefinite licences and renewal\u00a0by default\u00a0foster innovation\u00a0\u2013\u00a0they do not hinder it\u00a0 <\/p>\n
It\u00a0is worth reiterating one\u00a0key\u00a0positive element, which merits particular emphasis:\u00a0the move towards indefinite licences and renewal by default\u00a0proposed\u00a0in\u00a0the DNA.\u00a0\u00a0<\/p>\n
An indefinite licence does not confer unlimited rights or remove regulatory oversight. Regulators retain full powers to enforce licence conditions, ensure the efficient use of spectrum, and intervene where necessary in the public interest.\u00a0<\/p>\n
Contrary to\u00a0some\u00a0concerns raised,\u00a0longer and more predictable licence terms give operators the predictability to commit\u00a0the\u00a0investment needed to meet growing consumer and business demand. The\u00a0DNA\u00a0does\u00a0not\u00a0eliminate\u00a0innovation\u00a0and long-term\u00a0investment\u00a0incentives; rather it\u00a0preserves\u00a0them\u00a0by\u00a0enhancing certainty of tenure for\u00a0licences\u00a0and by fostering a more liquid secondary market.\u00a0<\/p>\n
The availability of multiple spectrum bands already enables effective competition, regardless of whether operators use\u00a0the same\u00a0or different bands.\u00a0Simultaneously,\u00a0the\u00a0proposal also\u00a0introduces\u00a0safeguards\u00a0to prevent hoarding and ensure efficient use,\u00a0and the broader set of safeguards proposed by the Commission.\u00a0<\/p>\n
These ensure that there is neither\u00a0a regulatory vacuum nor free rein for operators, but rather a framework of\u00a0regular\u00a0oversight. This approach does not weaken competition\u00a0and innovation, but instead supports a more continuous,\u00a0efficient\u00a0and market-driven use of spectrum across the Union.\u00a0\u00a0<\/p>\n
Indefinite licences in the UK\u00a0 <\/p>\n
The UK provides a good example. Most mobile spectrum licences are granted on an indefinite basis, subject to an initial term of 20 years, while\u00a0remaining\u00a0fully subject to regulatory oversight. For spectrum management reasons, Ofcom may revoke a licence, provided it gives at least five years\u2019 notice. Any such decision must be objectively justified, non-discriminatory, proportionate, and consistent with the licence holder\u2019s legitimate expectations. This framework demonstrates that indefinite licences can provide long-term investment certainty while preserving the regulator\u2019s ability to manage spectrum effectively in the public interest.\u00a0<\/p>\n
Where operators have made substantial investments and are using spectrum efficiently, non-renewal can destroy the value of those investments and require a new entrant to replicate them within\u00a0a very short\u00a0timeframe. In practice, the likelihood of attracting a new investor under such circumstances is low, while the risk of disrupting existing services and undermining investment incentives is high.\u00a0Past experience, such as the case of Tele2, illustrates that this approach can lead to poor outcomes for both the market and consumers.\u00a0<\/p>\n
Key\u00a0Aspects\u00a0that still need to be addressed in the DNA\u00a0 <\/p>\n
While the DNA represents a major step forward, two elements could still undermine its full potential.\u00a0<\/p>\n
First,\u00a0the seven-year transition period for licences expiring before 2035\u00a0 <\/p>\n
To be effective, the proposal should be amended to ensure its immediate application to licences expiring before 2035 and to limit exceptions to automatic renewal.\u00a0The impact\u00a0would be\u00a0significant:\u00a0more than 500 licences\u00a0would be affected\u00a0\u2013\u00a0representing,\u00a0more specifically,\u00a066% of\u00a0assigned MHz\u00a0in low-bands, and 58% in mid\u00a0bands\u00a0in Europe.\u00a0<\/p>\n
This situation\u00a0risks fragmenting the internal market, weakening confidence in renewal processes, and discouraging investment due to unnecessary and costly re-auctions.\u00a0<\/p>\n
A better approach would be to avoid this transition period and introduce a temporary extension of existing licences, allowing\u00a0for a coordinated EU-wide assessment\u00a0if\u00a0there is a\u00a0grounded\u00a0justification for departing from the principle of automatic renewals in a consistent and coordinated manner across the EU.\u00a0<\/p>\n
Second,\u00a0the current proposal introduces too many broad and open-ended exceptions to the \u201cautomatic renewal\u201d rule.\u00a0 <\/p>\n
Exceptions\u00a0to the\u00a0licence\u00a0renewal rules create\u00a0legal uncertainty and\u00a0should be clearly defined, narrowed, and reduced in scope to preserve legal certainty and maintain strong\u00a0investment incentives based on cost efficiency and improved profitability.\u00a0\u00a0<\/p>\n
Building on the need to strengthen legal certainty and investment incentives, the DNA also introduces important improvements in spectrum assignment and pricing.\u00a0\u00a0<\/p>\n
Greater consistency across the EU,\u00a0and\u00a0clearer pro-investment principles\u00a0are welcome developments\u00a0that should facilitate the scale that is essential\u00a0to support efficient investment. In particular, the higher burden of proof for market-shaping measures,\u00a0together with\u00a0the European\u00a0Commission\u2019s oversight,\u00a0contributes\u00a0to a more balanced and coherent approach.\u00a0\u00a0<\/p>\n
Within this context, Member States should\u00a0retain\u00a0the flexibility to\u00a0designate\u00a0the competent authority responsible for market-shaping measures,\u00a0considering\u00a0national circumstances and balancing relevant policy objectives.\u00a0<\/p>\n
Finally, EU-level spectrum assignments may support pan-European services where there is clear demand, provided they do not distort competition or undermine investment in national markets.\u00a0\u00a0<\/p>\n
Shaping the future spectrum policy framework now lies in the hands of co-legislators.\u00a0\u00a0<\/p>\n
As the Digital Networks Act is finalised, it will be essential to reflect the perspective of telecom operators. As the companies that invest in and operate Europe\u2019s digital infrastructure, they have both the strongest incentive and the greatest responsibility to ensure the efficient use of spectrum while delivering high-quality connectivity.\u00a0<\/p>\n
A spectrum framework that provides certainty, promotes investment and enables efficient spectrum use will strengthen Europe\u2019s competitiveness,\u00a0resilience\u00a0and digital leadership.\u00a0<\/p>\n
In the\u00a0next post we will examine access regulation and copper switch-off, with an emphasis on guaranteeing the provision of a competitive wholesale access product.<\/p>\n
![\"\"](\"https:\/\/www.europesays.com\/spain\/wp-content\/uploads\/2026\/07\/Diapositiva2.png\")
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