Can open internet access be imposed upon European CATV networks?

• We investigate access regulation on broadband over CATV in 27 EU countries.
• Broadband over CATV has been of increasing importance on retail markets.
• None imposed local loop unbundling on CATV operators.
• Some imposed wholesale broadband access on CATV operators with different reasons.
• Broadband access to CATV is not regulated in the EU.

Broadband over cable television networks has become a growing force on the retail market in the EU. Thus, a debate has always been raised whether cable television networks should also be subject to open internet access obligations as PSTN and fibre. This article aims to share its view from a legal perspective. In order to do so, it conducts a survey of the current regulatory measures on broadband over cable television networks within the 27 EU Member States, and then carries out an in-depth legal analysis on Member States that attempted to regulate broadband over cable television networks. The conclusion is that broadband over cable television networks is currently deregulated, and will probably remain so in the future.