5G Deployment: The Role and Challenges of Regulatory Bodies in Ensuring Convergence Within the EU

The 5G network enables a set of new technical features and services that will contribute to a substantial transformation of the digital market. The novelties 5G networks introduce will also determine, more than ever before, a convergence of multiple sectors that will use the 5G network functionalities to deliver new applications and services. Due to its cross-border nature, and as a result of the areas involved, the 5G network touches upon different laws and, thus, multiple regulatory regimes, requiring the enhancement of cooperation among many regulatory bodies. The roll-out of the new generation of network, due to its cross-border nature will have an impact on existing regulatory frameworks, enhancing convergence and requiring cross-sectoral rules and Regulation. Notwithstanding the actions undertaken by the EU legislator for the development of a cross-sector strategy for the 5G network, none of the existing European legislative initiatives foresees procedures do not ensure coordination among the EU regulatory bodies. Providing a secure roll-out of 5G networks is a necessary precondition for all sectors delivering their services thanks to the new network connectivity. Therefore, lack of a harmonised security approach at national level affecting coordination of national regulatory authorities in developing standard procedures risks to undermine, among others, the efforts to achieve the digital transformation of the EU’s economy and society. Mainly focusing on the role of BEREC and other relevant EU agencies and bodies, the paper intends to demonstrate how current legislative initiatives do not have developed concrete procedures to streamline collaboration between different national and EU agencies, active in different domains. To demonstrate the procedural lack of harmonised procedures the paper focus on those legislations dealing with crucial aspects of the next generation of network connectivity, namely, the European Electronic Communication Code, the BEREC Regulation and the Network and Information Systems Directive.