The BIPT considers its decision will boost competition and aligns with rules elsewhere in Europe, although some affected operators have questioned the size of benefits for consumers
Consumers should be able to choose their own telecoms terminal equipment
On 11 October 2023, the BIPT (Belgium’s communications regulator) published its decision regarding the network termination point (NTP) for broadband and TV services. The NTP is defined as the point from which end users have control over – and responsibility for – their internet connection. In copper and fibre networks, the NTP location is the wall socket to which the modem is connected. In coaxial cable networks, that location is the black network distributor to which the modem is connected. The BIPT has determined that modems and routers are part of an end user’s terminal equipment. As a result, consumers should have a choice in the equipment they install at their premises when signing up to a broadband subscription, and should no longer be required to take their provider’s default modem/router.
10 other EU countries already have similar rules in place
According to the BIPT, a choice of modem would enable end users to switch more easily between operators using the same type of network infrastructure, thereby increasing competition in the market. The regulator considers consumers would also benefit by being able to consciously choose a more durable device or one that offers additional functionalities, such as enhanced security. Telenet has questioned the decision, stating that modems are now included as standard in most residential fixed broadband subscriptions, removing the need for end users to purchase one separately. In its opinion, this situation also offers consumers the highest levels of security and customer experience. However, the BIPT’s determination (which has been made in accordance with BEREC guidelines) aligns with the views of regulators in 10 other EU countries, including the Netherlands, Finland, Germany and Italy, where consumers can already choose a modem freely.
Operators in Belgium now have a year to comply
The BIPT has published timelines for the implementation of its decision, which comes into force on 1 November. To support the development of equipment by interested third parties, operators have six months to publish the NTP characteristics and the technical specifications of their current modems and routers. Within twelve months, operators must carry out the necessary IT adaptations resulting from the regulator’s decision. Consumers will therefore be able to connect their own terminal equipment to the network by 1 November 2024. As far as TV services are concerned, the BIPT expects that no alternative set-top boxes will be developed (due to a lack of market demand and future network developments), making a similar decision in this regard of little use. Broadband connections that involve service-level agreements (typically used by businesses) are also excluded from the decision given that access to terminal equipment is required in order to guarantee quality.
