Eutelsat s comments to the draft EU Guidelines for the application of state aid rules in relation to the rapid deployment of broadband networks

Transcription

1 Paris, 31 August 2012 REF : HT 3095 Subject: Eutelsat s comments to the draft EU Guidelines for the application of state aid rules in relation to the rapid deployment of broadband networks Dear Sirs, Eutelsat welcomes the EC initiative to invite comments on the application of EU state aid rules to the public funding of broadband networks, and more in general the regular improvement of EU competition rules to guide the Member States towards an efficient and effective use of technologies to comply with the Digital Agenda for Europe (DAE) objectives. Eutelsat fully endorses VP Almunia s statement (EC PR IP/12/550) State aid control should support the Digital Agenda targets while maintaining incentives for commercial investments. We need a dynamic framework for the application of EU state aid rules in this strategic sector that fosters investments. In this respects, Eutelsat is pleased to contribute to this consultation by proposing a number of specific amendments to clarify and improve some of the existing rules, with a particular attention to satellite communications. The proposed amendments, developed in pages 3 through 22, focus on: - The consistent implementation of the principle of technology neutrality (level playing field between the various technologies). - The inclusion of a mandatory ex-ante cost-benefit analysis of the various solutions for broadband connectivity. - The addition of a proper consideration of the specificities of the satellite network architecture (e.g. no separation between backhaul and access). - The recognition of satellite as existing infrastructure. - The clear eligibility of the satellite equipment to public funding. Background for the amendments Eutelsat confirms that satellite-based solutions for broadband connectivity are in line with the DAE targets (100% connectivity to basic broadband by 2013 and 30 Mbps available to all EU citizens by 2020), and underlines that the core infrastructure of the satellite broadband networks is already in place, as stated in the DAE Scoreboard This is the case of KA-SAT, the Eutelsat s High-Throughput Satellite (HTS) fully based on private investment, that provides internet broadband services throughout the EU and beyond since June 2011, presently with offers at 18 Mbps. The cost of providing a broadband satellite connection is fixed and not dependent on the geographic location of the user or their distance from nearby infrastructure. In some areas (e.g. areas with scattered unserved users), satellite is the most cost-effective solution, as the only missing piece of infrastructure needed in order to ensure a fast user access to the broadband Internet is the user terminal to be purchased and installed. Eutelsat s comments to the draft EU Guidelines on broadband state aids 1/22

2 However, the new satellite broadband solutions, made accessible and affordable among others by the recent launches of HTS, need to be better known (as observed in the DAE Scoreboard 2012) in order to be fully exploited. For example, in some cases satellite broadband has not been considered in public intervention to enable a faster rate of broadband penetration - or even ruled out. Some recurrent, non-technological roadblocks even prevented in the past the submission of satellitebased solutions to some public tenders (sometimes just because of the different architecture of terrestrial and satellite networks, despite both were able to deliver the same service). In this context, instead of raising ex-post complaints in response to particular tenders, Eutelsat intends to support the improvement of State aid schemes and competition rules, in line with the Modernisation Initiative. Additional comments of general nature Eutelsat would also like to bring some general comments on the draft Guidelines to the attention of the EC. Basic broadband - Despite progress has been made towards the 2013 objective of connecting all EU citizens to basic broadband networks, the DAE Scoreboard 2012 observe that 5% of the population is not covered by fixed broadband networks. - Consequently, additional text should be devoted in the Guidelines to Basic Broadband, especially when dealing with the application of the principles in case of state aid to basic and NGA networks. This is fully in line with section (38) of the draft Guidelines In pursuing the DAE objectives, a balance has to be carefully struck between the wish to provide very high speed infrastructure in urban areas to enhance their competitiveness and the need to avoid that a new digital divide emerges in rural areas, thus endangering the cohesion objectives. NGA and enhanced networks for novel services - In line with the principle of technology neutrality and in order to accommodate rapid market and technological changes, any qualitative definition of NGA, as well as any specific reference to technology in NGA definition should be removed. Eutelsat has noted and reminds that the DAE specifies only speeds. - The ex-ante selection of a specific technology may depress competitive markets, discourage investments and decrease consumer choice, finally compromising the achievement of the DAE targets. - Eutelsat asserts there is no one particular technology that can achieve alone DAE targets. Instead, the future will see a mix of various technologies and the market should be permitted to determine, over time, which ones best suit particular services and applications to end-users. However, if the Guidelines make one or more of these technologies relatively unattractive, the Member States will likely be forced to choose the predetermined technology rather than the technology or the mix of technologies that can provide the best service with the minimum necessary amount of public aid. Eutelsat remains at your disposal for any further information you may require. Yours faithfully, Jean-François Bureau Director of Institutional & International Affairs Tel Mail jbureau@eutelsat.fr Eutelsat s comments to the draft EU Guidelines on broadband state aids 2/22

3 Eutelsat s proposed amendments to the draft EU Guidelines for the application of state aid rules in relation to the rapid deployment of broadband networks The proposed amendments focus on: - The consistent implementation of the principle of technology neutrality (level playing field between the various technologies). - The inclusion of a mandatory ex-ante cost-benefit analysis of the various solutions for broadband connectivity. - The addition of a proper consideration of the specificities of the satellite network architecture (e.g. no separation between backhaul and access). - The recognition of satellite as existing infrastructure. - The clear eligibility of the satellite equipment to public funding. Legend: in red, text to be removed; in green, text to be added; Eutelsat s comments to the draft EU Guidelines on broadband state aids 3/22

4 Page 2 of the draft Guidelines, chapter 1: Introduction, section (2), footnote 3 Proposal: remove the word (passive) The actual investments costs could be significantly lower depending on the reusability of existing (passive) infrastructures and depending on the market, technology and regulatory developments. The actual investments costs could be significantly lower depending on the reusability of existing infrastructures and depending on the market, technology and regulatory developments. The word passive would exclude satellites from existing infrastructure able to reduce investment cost, as no passive remedy is available for limited wireless and satellite solutions (Commission decision N 461/2009 UK Cornwall & Isles of Scilly Next Generation Broadband). Indeed, thanks to already operational satellites, satellite coverage is complete although take-up is not yet widespread in the under-served areas. (DAE Scoreboard 2012). Related to: Technology neutrality / Satellites as existing infrastructures Eutelsat s comments to the draft EU Guidelines on broadband state aids 4/22

5 Page 5 of the draft Guidelines, chapter 2.2: Article 107(1) TFEU: Presence of aid, section (11) Proposal: include text as follows Undertakings: State measures supporting broadband investments usually address the exercise of an economic activity, such as the construction, operation and granting of access to broadband infrastructure. [ ] Undertakings: State measures supporting broadband investments usually address the exercise of an economic activity, such as the construction, operation and granting of access to broadband infrastructure or enabling the provisioning of connectivity to end user. [ ] See Council Regulation (EC) No 473/2009 of 25 May 2009 on support for rural development by the EAFRD specifies among the types of operations related to broadband infrastructure in rural areas Creation of and enabling access to broadband infrastructure including backhaul facilities and ground equipment (e.g. fixed, terrestrial wireless, satellite-based or combination of technologies). See Commission Decision N 646/2009 National broadband plan for rural areas in Italy: The Italian authorities envisage also a complementary solution, alternative to the terrestrial backhaul, to overcome the digital divide. Such solution entails the financing of users' access (e.g. decoders, modems, dishes, etc.) for citizens residing in areas where morphologic conditions make either impractical or economically unviable the set up of terrestrial or other wireless facilities within 31 December In other words, after the mapping has been finalised and the path of the network identified, for the areas remaining uncovered, users access will be subsidised directly. Related to: Technology neutrality / Eligibility of the satellite terminals Eutelsat s comments to the draft EU Guidelines on broadband state aids 5/22

6 Page 5 of the draft Guidelines, chapter 2.2: Article 107(1) TFEU: Presence of aid, section (12) Proposal: include text as follows Advantage: The aid is usually granted directly to investors of the network, which [ ] Advantage: The aid is usually granted directly to investors of the network or to as service providers and/or user equipment providers (in the case of granting access to end user), which [ ] See Council Regulation (EC) No 473/2009 of 25 May 2009 on support for rural development by the EAFRD specifies among the types of operations related to broadband infrastructure in rural areas Creation of and enabling access to broadband infrastructure including backhaul facilities and ground equipment (e.g. fixed, terrestrial wireless, satellite-based or combination of technologies). Related to: Technology neutrality / Eligibility of the satellite terminals Eutelsat s comments to the draft EU Guidelines on broadband state aids 6/22

7 Page 5 of the draft Guidelines, chapter 2.2: Article 107(1) TFEU: Presence of aid, section (12) Proposal: modify text as follows Besides the direct recipient of the aid, third party operators receiving wholesale access to the subsidised infrastructure may be indirect beneficiaries Besides the direct beneficiaries of the aid, third party operators receiving wholesale access to the subsidised infrastructure as well as end users may be indirect beneficiaries. Funds may be allocated to enable user access through broadband support scheme either directly or indirectly e.g. via the service providers. Related to: Eligibility of the satellite terminals Eutelsat s comments to the draft EU Guidelines on broadband state aids 7/22

8 Page 6 of the draft Guidelines, chapter 2.2: Article 107(1) TFEU: Presence of aid, section (13) Proposal: include text as follows Present footnote text 17 Subsidies to residential users normally fall outside the scope of Article 107(1) TFEU. Amended footnote text 17 Subsidies to residential users normally fall outside the scope of Article 107(1) TFEU, though it may be included in the scope of Article 107(1) TFEU as undertakings such as service providers and user equipment providers typically indirectly benefits from such subsidies as they allow them to develop their customer base. Funds may be allocated to enable access through broadband support scheme either directly to the end users or indirectly e.g. via the service providers. See Commission Decision N 546/2006: "les bénéficiaires directs de l'aide sont donc des particuliers, qui, à ce titre, ne rentrent pas dans le champ d'application de l'article 84, par 1 du traité CE. Toutefois, la Commission considère que les opérateurs des plateformes sont des bénéficiaires indirects potentiels de l'aide notifiée." Related to: Eligibility of the satellite terminals Eutelsat s comments to the draft EU Guidelines on broadband state aids 8/22

9 Page 6 of the draft Guidelines, chapter 2.2.2: State aid for broadband deployment as a service of general economic interest Altmark and compatibility under Article 106 (2) TFEU, section (20) Proposal: include text as follows However, where it can be demonstrated that private investors are not in a position to provide in the near future adequate broadband coverage to all citizens or users, thus leaving a significant part of the population unconnected, a public service compensation may be granted to an undertaking [ ] However, where it can be demonstrated that private investors are not in a position to provide in the near future adequate broadband coverage to all citizens or users, thus leaving a significant part of the population unconnected, a public service compensation may be granted directly or indirectly to an undertaking [ ] Funds may be allocated to enable access through broadband support scheme either directly to the end users or indirectly e.g. via the service providers. Related to: Eligibility of the satellite terminals Eutelsat s comments to the draft EU Guidelines on broadband state aids 9/22

10 Page 8 of the draft Guidelines, chapter 2.2.2: State aid for broadband deployment as a service of general economic interest Altmark and compatibility under Article 106 (2) TFEU, section (23) Proposal: remove the word (passive) A publicly-funded network set up within the context of an SGEI should be available to all interested operators. Accordingly, the recognition of an SGEI mission for broadband deployment should be based on the provision of a passive, neutral and open infrastructure. A publicly-funded network set up within the context of an SGEI should be available to all interested operators. Accordingly, the recognition of an SGEI mission for broadband deployment should be based on the provision of a neutral and open infrastructure. The word passive would exclude satellite-based solution, as no passive remedy is available for limited wireless and satellite solutions. Concerning these solutions, wholesale active access will be provided on an equitable basis to all operators wishing to offer a service. (Commission Decision N 461/2009 UK Cornwall & Isles of Scilly Next Generation Broadband). Related to: Technology neutrality Eutelsat s comments to the draft EU Guidelines on broadband state aids 10/22

11 Page 11 of the draft Guidelines, chapter 2:3 Administrative and regulatory measures supporting broadband roll-out falling outside the scope of EU State aid rules, section (29) Proposal: include text as follows Existing infrastructure does not only concern telecommunication infrastructure, but also alternative infrastructures (sewers, manholes, etc.) of other industries (such as utilities). Existing infrastructure does not only concern telecommunication infrastructure, including Asymmetric Digital Subscriber Line (ADSL), cable, mobile, wireless and satellites, but also alternative infrastructures (sewers, manholes, etc.) of other industries (such as utilities). Thanks to already operational satellites, satellite coverage is complete although take-up is not yet widespread in the under-served areas. (DAE Scoreboard 2012). Related to: Satellites as existing infrastructures Eutelsat s comments to the draft EU Guidelines on broadband state aids 11/22

12 Page 12 of the draft Guidelines, chapter 2:4.1: The balancing test and its application to aid for broadband network deployment, section (33) : Proposal: include text as follows (iii) is the aid measure proportional, i.e. could the same change in behaviour be obtained with less aid? (iii) is the aid measure proportional, i.e. could the same change in behaviour be obtained with less aid (direct cost comparison)? The proposed solutions should be compared in isolation of their architectures (e.g. on the basis on cost per active premises). Related to: Mandatory cost-benefit analysis Eutelsat s comments to the draft EU Guidelines on broadband state aids 12/22

13 Page 12 of the draft Guidelines, chapter 2:4.1: The balancing test and its application to aid for broadband network deployment, section (36) Proposal: include text as follows Due to economics of density, broadband networks are generally more profitable where potential demand is higher and concentrated, i.e. in densely populated areas. Because of high fixed costs of investment, unit costs increase significantly as population densities drop. Due to economics of density, broadband networks are generally more profitable where potential demand is higher and concentrated, i.e. in densely populated areas. Because of high fixed costs of investment, unit costs increase significantly as population densities drop (this is not the case however with satellite solutions which do not depend on the density of a specific area but rather on the total number of adopters, thereby being particularly suitable to connect unserved and/or low-density areas). See new proposed section (53) at page 16 of this document. Related to: Mandatory cost-benefit analysis / Technology neutrality Eutelsat s comments to the draft EU Guidelines on broadband state aids 13/22

14 Page 14 of the draft Guidelines, chapter 2:4.1: The balancing test and its application to aid for broadband network deployment, section (43) Proposal: replace text and footnote as follows and footnote Likewise, although they can contribute positively to broadband penetration, demandside measures in favour of broadband (such as vouchers for end users) cannot always solve the lack of broadband provision 56. Hence, in some situations there may be no alternative to granting public funding to overcome the lack of broadband connectivity. and footnote Hence, in some situations there may be no alternative to granting public funding to overcome the lack of broadband connectivity. In parallel with measures on the supply side, measures favouring user access to broadband (where affordability is a relevant issue, e.g. because customer premises equipment requires substantial acquisition and installation costs) positively contribute to speed up broadband penetration in particular with regard to limited segments of the population which have no access to broadband access or in the case of supply side measures which are disproportionally costly or ineffective See for instance Commission Decision N222/2006 Italy, Aid to bridge the digital divide in Sardinia. 56 See for instance Commission Decision N646/ National broadband plan for rural areas in Italy and Commission Decision N508/ UK, Provision of Remote Broadband Services in Northern Ireland. See Commission Decision N 646/ National broadband plan for rural areas in Italy: The Italian authorities envisage also a complementary solution, alternative to the terrestrial backhaul, to overcome the digital divide. Such solution entails the financing of users' access (e.g. decoders, modems, dishes, etc.) for citizens residing in areas where morphologic conditions make either impractical or economically unviable the set up of terrestrial or other wireless facilities within 31 December In other words, after the mapping has been finalised and the path of the network identified, for the areas remaining uncovered, users access will be subsidised directly. See Commission Decision N 508/ UK - Provision of Remote Broadband Services in Northern Ireland: According to the market research, satellite customers are located in rural, widely dispersed and remote areas with no obvious clustering. Furthermore, if there were alternative market-based offers for these consumers, the costs of basic broadband services would be regarded as prohibitive and it is likely that take up levels in these areas would significantly lag behind the urban areas of Northern Ireland. Hence the market research concluded that it is highly unlikely that any service provider would offer comparable services to these consumers on market terms given the very small market and the perceived high costs. Related to: Eligibility of the satellite terminals. Eutelsat s comments to the draft EU Guidelines on broadband state aids 14/22

15 Page 15 of the draft Guidelines, chapter 2:4.1: The balancing test and its application to aid for broadband network deployment, section (48) Proposal: include text as follows A "step change" can be demonstrated if as the result of the public intervention (1) the selected bidder makes significant new investments in the broadband network and (2) the subsidised [ ] A "step change" can be demonstrated if as the result of the public intervention (1) the selected bidder makes significant new investments in the broadband network or deploys previously made private investments and (2) the subsidised [ ] In the case of satellite broadband networks, the most expensive elements (satellites, hubs, gateways and related terrestrial infrastructure) are private infrastructures. Indeed, the only investment required to enable broadband access is the purchase and installation of a user terminal. Related to: Eligibility of the satellite terminals / Satellites as existing infrastructures Eutelsat s comments to the draft EU Guidelines on broadband state aids 15/22

16 Page 16 of the draft Guidelines, chapter 3:1: Types of broadband networks, section (52) Proposal: add a new section and a new footnote as follows (52) Several different technology platforms can be considered as basic broadband networks including asymmetric digital subscriber line (ADSL), cable, mobile, wireless and satellite solutions. (53) At the current stage of the market, [ ] (52) Several different technology platforms can be considered as basic broadband networks including asymmetric digital subscriber line (ADSL), cable, mobile, wireless and satellite solutions. (53) Satellite networks require different network architecture than the reference architecture of terrestrial networks. In satellite networks, no architectural separation exists into backhaul and access (last mile). A single link directly connects the enduser ground equipment to the backbone. As broadband satellites are now available that cover all Europe 61, the only element required to enable immediate access to broadband is the installation of end-user ground equipment. (54) At the current stage of the market, [ ] 61 Satellite coverage is complete but take-up is not yet widespread in the under-served areas. (DAE Scoreboard 2012). In satellite broadband, the unit costs do not increase as population densities drop. The solutions to be taken into consideration for cost-benefit analysis, tenders, etc. should be compared in isolation of their architectures (e.g. on the basis on cost per active premises). Related to: Specificities of the satellite network architecture Eutelsat s comments to the draft EU Guidelines on broadband state aids 16/22

17 Page 17 of the draft Guidelines, chapter 3:1: Types of broadband networks, section (56) Proposal: remove text as follows. Member States can freely decide what form their intervention will take, provided it complies with State aid rules. In some cases, Member States might decide to finance socalled next generation networks, i.e. backhaul networks which do not reach the end-user. Backhaul networks are a necessary input for retail telecommunication operators to provide access services to the end users. These types of networks are able to sustain both basic and NGA types of networks: it is the (investment) choice of the telecommunication operators what type of 'last mile' infrastructure they wish to connect to the backhaul network. Public authorities may also decide to undertake just civil engineering works (such as digging on public land, construction of ducts) in order to enable and accelerate the deployment by the operators concerned of their own network elements. Member States can freely decide what form their intervention will take, provided it complies with State aid rules. This text is not applicable to satellite networks. In the case of satellite, the backhaul and the access are two inseparable elements, and backhaul networks are not a necessary input for retail telecommunication operators to provide access services to the end users. Similarly, civil engineering works are not required in satellite broadband. Related to: Technology neutrality Eutelsat s comments to the draft EU Guidelines on broadband state aids 17/22

18 Page 19 of the draft Guidelines, chapter 3:2.1: The distinction between white, grey and black areas for basic broadband networks, section (64) Proposal: add a new bullet point and a new footnote as follows (d) any measures taken or remedies imposed [ ] to overcome such problems. (d) (e) 76 any measures taken or remedies imposed [ ] to overcome such problems. an economic cost-benefit analysis and comparison of the different possible measures to achieve the objectives of the broadband project 76 was conducted by the competent national regulatory or competition authority. The cost-benefit analysis includes an objective investigation to identify the technical solutions that have the greatest capability to provide broadband connectivity in each of target areas, in order to obtain focused tender procedures and consequently ensure a more effective and efficient result of the aid. See for instance Commission Decision N222/2006 Italy, Aid to bridge the digital divide in Sardinia. Combining mandatory cost-benefit analysis and tender process ensures the minimum necessary amount of aid. The proposal is fully in line with the following sections of the Guidelines: (41) [ ] In keeping with best practice, NRAs should issue guidelines for local authorities which include recommendations on market analysis, wholesale access products and pricing. (42) In addition to the involvement of NRAs, National Competition Authorities may also provide useful advice in particular in relation to large framework schemes to help establishing a level playing field for the bidding operators and to avoid that a disproportionately high share of state funds is earmarked to one operator [ ] (45) [ ] In assessing the proportional character of the notified measures, the Commission has highlighted a number of necessary conditions to minimise the State aid involved and the potential distortions of competition as explained more in detail See also ESA/EC study Technical assistance in bridging the digital divide : A Cost benefit Analysis for Broadband connectivity in Europe Final Report (PriceWaterhouseCooper), October 2004 Related to: Mandatory cost-benefit analysis / Technology neutrality Eutelsat s comments to the draft EU Guidelines on broadband state aids 18/22

19 Page 20 of the draft Guidelines, chapter 3:2.2: Design of the measure and the need to limit distortions of competition, section (67) Proposal: add a new bullet point as follows a) Detailed mapping and analysis of coverage: Member States [ ] before launching the tender. b) Public consultation: Member States [ ] for defining the existence of white, grey and black areas a) Detailed mapping and analysis of coverage: Member States [ ] before launching the tender. b) To ensure a cost-effective use of the aid, Member States should provide an economic cost-benefit analysis identifying among others the technical solutions that have the greatest capability to provide broadband connectivity in each of target areas. This, in conjunction with the consequent competitive tenders, ensures that any aid is limited to the minimum amount necessary for the particular project. c) Public consultation: Member States [ ] for defining the existence of white, grey and black areas The combination of mandatory cost-benefit analysis and tender process ensures the minimum necessary amount of aid. This is fully in line with the following section of the draft Guidelines: (45) [ ] In assessing the proportional character of the notified measures, the Commission has highlighted a number of necessary conditions to minimise the State aid involved and the potential distortions of competition as explained more in detail Related to: Mandatory cost-benefit analysis / Technology neutrality Eutelsat s comments to the draft EU Guidelines on broadband state aids 19/22

20 Page 22 of the draft Guidelines, chapter 3:2.2: Design of the measure and the need to limit distortions of competition, section (67) : Proposal: include text as follows g) Wholesale access: Third parties' effective wholesale access [ ]. The type of wholesale access obligations imposed on a subsidised network should be aligned with the portfolio of access obligations laid down under the sectoral regulation. g) Wholesale access: Third parties' effective wholesale access [ ]. The type of wholesale access obligations imposed on a subsidised network should be aligned with the portfolio of access obligations laid down under the sectoral regulation and with the architecture of the concerned broadband technology. See Annex II of the draft Guidelines - Wholesale access products Related to: Specificities of the satellite network architecture Eutelsat s comments to the draft EU Guidelines on broadband state aids 20/22

21 Page 25 of the draft Guidelines, chapter 3.3.1: The distinction between white, grey and black areas for NGA networks, section (70) Proposal: remove the entire section (70) (70) At present, by upgrading active equipment, certain advanced basic broadband networks can also support some broadband services which in the future are likely to be offered over NGA networks (such as triple play services) and thereby contribute to meeting the DAE targets. However, novel products or services which are not substitutable from the perspective of either demand or supply may emerge and will require capacity, reliability and symmetry beyond the upper physical limits of basic broadband infrastructure. Novel products or services may emerge and will require [ ] represents a presumption not based on facts. The future will see a mix of various technologies and the market should be permitted to determine, over time, which ones best suit particular applications. Related to: Technology neutrality Eutelsat s comments to the draft EU Guidelines on broadband state aids 21/22

22 Page 30 of the draft Guidelines, Annex I: Typical interventions for broadband support Proposal: add a new bullet point as follows 4 Broadband network, managed by a concessionary: Member States [ ] be considered aid beneficiaries. 4. Broadband network, managed by a concessionary: Member States [ ] be considered aid beneficiaries. 5. End-user broadband support scheme: In view of specific circumstances of end users (e.g. public administrations, undertakings and households located in rural, widely dispersed and remote areas with no obvious clustering., senior citizens, etc.) or unsustainable costs of building new or upgrading existing infrastructure, Member States may choose to grant aid to enable user access through broadband support scheme either directly or indirectly e.g. via the service providers.. This aid can take different forms such as vouchers, rebates, tax incentives. The aid can for example be granted for the purchase of the necessary customer premises equipment (connection cost) or be related to the cost of subscription. In general, the advantage of this type of aid is that authorities have greater certainty on the scope and timing of the broadband measure (as the focus is on the rapid availability of the service to the end-users). It is also likely to attract a greater proportion of private funding leading to rational use of public funds. It further allows for the better exploitation of existing installations (therefore avoiding any unnecessary duplication) and safeguarding technology neutrality. Relevant authorities will need to ensure non-discriminatory wholesale access for each interested operator. The grant of the aid is not to be limited to investors of the network. Related to: Technology neutrality / Eligibility of the satellite terminals Eutelsat s comments to the draft EU Guidelines on broadband state aids 22/22