2026-11-05 - Asociația Interlan | Statement – Digital Networks Act (DNA)

Asociația Interlan, representing telecommunications operators and Internet Service Providers in Romania, expresses serious concerns regarding the proposed amendments to the European Union’s Digital Networks Act (DNA), particularly those affecting IP interconnection, peering arrangements and the relationship between network operators and content providers.

While we recognise the importance of modernising Europe’s digital infrastructure and regulatory framework, we believe that the proposed parliamentary amendments risk strengthening the position of the largest telecommunications companies at the expense of smaller, independent operators, potentially undermining competition and the open nature of the Internet.

Europe’s regulatory framework must protect competition, not reinforce market concentration

Romania provides a clear example of why competition must remain central to European telecommunications policy.

According to ANCOM, Romania’s national telecommunications regulator, the three largest operators accounted for approximately 98% of fixed Internet connections at the end of 2025, leaving nearly 300 other providers sharing less than 2% of the market.

Despite this significant concentration, smaller and independent Internet Service Providers continue to contribute to local infrastructure development, regional connectivity and consumer choice.

For these operators, fair access to interconnection, commercially negotiated peering arrangements and a competitive Internet ecosystem are essential.

Regulatory changes that increase the negotiating power or economic advantages of already dominant operators could further weaken competition, making it more difficult for independent providers to invest, develop and remain competitive.

Furthermore, independent ISPs frequently rely on wholesale connectivity, IP transit, transport and colocation services provided by larger operators. Any additional costs introduced into the interconnection ecosystem could ultimately be passed down the supply chain, increasing operating expenses for smaller providers and potentially affecting end-users.

Such consequences would be particularly concerning in Romania, where market concentration already limits the alternatives available to independent operators.

European legislation must reflect the diversity of the telecommunications market rather than assume that the interests of the largest operators represent those of the entire industry.

Preserving voluntary interconnection and peering

The Internet has developed through a decentralised system of voluntary interconnection agreements, IP transit, content delivery networks and Internet Exchange Points (IXPs).

This model enables networks of different sizes to exchange traffic efficiently, improve performance and reduce costs, without depending on centrally imposed commercial arrangements.

The proposed parliamentary amendments would introduce additional interconnection obligations for certain large traffic providers, potentially allowing regulatory authorities to impose binding decisions when commercial negotiations fail.

Such measures could fundamentally alter the existing interconnection framework and create opportunities for network usage fees or other forms of financial settlement.

We are particularly concerned that these changes could benefit large telecommunications groups with substantial market power, while offering little demonstrable benefit to smaller and independent ISPs.

The existing system of voluntary peering and interconnection has enabled a diverse Internet ecosystem to develop.

Any departure from this model must be supported by clear evidence of market failure, transparent economic analysis and a thorough assessment of its consequences for all participants, particularly smaller operators.

Regulatory intervention should remain limited to objectively justified and proportionate circumstances, including situations where end-to-end connectivity, effective competition or end-user interests are demonstrably at risk.

The potential impact on Internet Exchange Points and local connectivity

Internet Exchange Points play an essential role in the Internet ecosystem by enabling networks to exchange traffic directly, efficiently and locally.

For independent operators, access to IXPs and settlement-free peering opportunities can help reduce costs, improve network performance and limit dependence on larger transit providers.

We are concerned that introducing additional regulatory intervention into interconnection arrangements could affect these established relationships and create new economic or administrative barriers.

Any changes to the interconnection framework must preserve the ability of networks of all sizes to exchange traffic freely and maintain commercially sustainable peering arrangements.

A regulatory framework that inadvertently increases dependence on the largest telecommunications operators would be particularly concerning in highly concentrated markets such as Romania.

Independent ISPs must have a voice in European telecommunications policy

The debate surrounding the Digital Networks Act has largely focused on the relationship between major telecommunications groups and global content providers.

However, the European Internet ecosystem includes numerous independent, regional and local operators whose business models, resources and commercial interests differ significantly from those of the largest market participants.

These operators contribute to infrastructure development, local connectivity, service diversity and competition.

Their interests must not be overlooked when introducing legislation that could fundamentally change the economics of Internet interconnection.

The DNA must therefore include appropriate safeguards for smaller operators, ensuring that regulatory obligations are proportionate to their size, market position and geographical reach.

Particular attention should be given to avoiding unnecessary administrative requirements, disproportionate compliance costs and indirect financial burdens arising from disputes between major market participants.

Furthermore, regulatory classifications must reflect the actual technical and economic functions of infrastructure.

Content delivery networks, caching systems and cloud infrastructure should not automatically be classified as public electronic communications networks merely because they facilitate the delivery of Internet traffic.

Overly broad classifications could create legal uncertainty, increase compliance costs and introduce inappropriate regulatory obligations.

Equally, existing safeguards concerning net neutrality and open Internet access must remain effective, ensuring that new regulatory provisions do not undermine established protections for Internet users.

Asociația Interlan’s position

Asociația Interlan considers that the proposed parliamentary amendments raise significant concerns regarding competition, interconnection and the future of independent Internet providers.

We therefore urge Members of the European Parliament to reject the proposed amendments that would introduce mandatory interconnection negotiations for online services, binding regulatory intervention in commercial IP interconnection arrangements or mechanisms that could facilitate network usage fees.

We also call for the preservation of appropriate safeguards concerning the regulatory treatment of content delivery networks and net neutrality.

In particular, we believe that the European regulatory framework must:

• Preserve voluntary interconnection and peering, allowing networks to negotiate commercial arrangements freely, while maintaining existing safeguards for end-to-end connectivity.
• Protect fair competition, ensuring that new legislation does not reinforce existing market concentration or disproportionately benefit dominant telecommunications operators.
• Safeguard independent and regional ISPs, recognising their role in providing connectivity, developing infrastructure and maintaining consumer choice.
• Introduce proportionate regulatory obligations, taking into account operators’ size, market position and geographical reach, with appropriate exemptions from unnecessary administrative and financial burdens.
• Prevent disproportionate indirect costs, ensuring that smaller operators are not unfairly disadvantaged by regulatory mechanisms or commercial disputes involving major telecommunications groups and global digital companies.
• Support Internet Exchange Points and local traffic exchange, preserving efficient, decentralised interconnection and commercially sustainable peering arrangements.
• Maintain voluntary cooperation and conciliation mechanisms, ensuring that neither participation nor outcomes become a means of imposing mandatory commercial settlements.
• Ensure technology-neutral and proportionate regulation, avoiding the automatic classification of CDNs and cloud infrastructure as public electronic communications networks.
• Maintain net neutrality and an open Internet, protecting users and supporting innovation throughout the digital ecosystem.

We recognise the European Union’s ambition to strengthen digital infrastructure, encourage investment and improve network resilience. However, these objectives must not come at the expense of competition or the diversity of Europe’s telecommunications sector.

Europe needs a regulatory framework that enables operators of all sizes to compete and innovate, rather than one that risks concentrating even greater economic power in the hands of a few major companies.

Asociația Interlan urges European policymakers to carefully assess the consequences of the proposed amendments for smaller and independent Internet Service Providers, particularly in Member States where telecommunications markets are already highly concentrated.

The future of Europe’s Internet must be built on openness, diversity and fair competition.

Asociația Interlan