areas that are not interesting to enterprises and in which investment may only be sustainable over the long term with targeted intervention through the use of public aid. In 2010 the Commission Recommendation on regulated access to Next Generation Access Networks14 was issued, and in 2013 the Commission Recommendation on consistent nondiscrimination obligations and costing methodologies to promote competition and enhance the broadband investment environment15. In 2015 the EC issued A Digital Single Market Strategy for Europe16, in which one of the three pillars is “Creating the right conditions for digital networks and services to flourish”. Within the framework of this pillar the EC set itself the objective of submitting proposals in 2016 for an ambitious overhaul of the telecoms regulatory framework focusing on i) a consistent single market approach to spectrum policy and management, ii) delivering the conditions for a true single market by tackling regulatory fragmentation to allow economies of scale for efficient network operators and service providers and effective protection of consumers, iii) ensuring a level playing field for market players and consistent application of the rules, iv) incentivising investment in high speed broadband networks (including a review of the Universal Service Directive) and v) a more effective regulatory institutional framework. It is understood that public funds to promote the construction of networks enabling highspeed Internet access must be spent efficiently, while public aid will supplement and not replace investment by market participants. Every occurrence of public aid should as far as possible avoid crowding out private investment, any reduction in commercial motivation to invest and, last but not least, any distortion of competition. For this purpose, in 2013 the EC issued its Communication - EU Guidelines for the application of State aid rules in relation to the rapid deployment of broadband networks17 (the “EU Guidelines”). Finally, the issue of support for constructing networks enabling high-speed Internet access has become part of the so-called block exemptions, i.e. areas of support where it is assumed that – with the fulfilment of predetermined conditions – public aid is possible in accordance with the rules of competition, see Art. 52 of Commission Regulation (EU) No 651/2014 of 17 June 2014 declaring certain categories of aid compatible with the internal market in application of Articles 107 and 108 of the Treaty18. In connection with public aid, respectively the use of European funding instruments, a key role is played by European legislation governing the so-called European Structural and Investment Funds (ESIF). According to Art. 9 of Regulation (EU) No 1303/2013 of the European Parliament and of the Council19 of 17 December 2013 (“the EU Regulation No 1303/2013”) it is possible to use the ESIF to support thematic objective 2 “Enhancing access to, and use and quality of, information and communication technologies”. According to Art. 5(2) of Regulation No 1301/201320 it is possible to support – within the framework of thematic objective 2 – the investment priority “Extending broadband deployment and the roll-out of high-speed networks and supporting the adoption of emerging technologies and networks for 14 15 16 17 18 19 20 See 2010/572/EU (http://eur-lex.europa.eu/legal-content/CS/TXT/PDF/?uri=CELEX:32010H0572&from=CS) See 2013/466/EU See COM(2015) 192 See the Commission’s Communication No. 2013/C 25/01 – EU Guidelines for the application of State aid rules in relation to the rapid deployment of broadband networks of 26 January 2013 (http://www.strukturalnifondy.cz/getmedia/60643506-8c81-4f84-94e5-b3be54bf576c/Pokyny_-sirokopasmove-site.pdf?ext=.pdf). See http://eur-lex.europa.eu/legal-content/CS/TXT/PDF/?uri=CELEX:32014R0651&from=CS See http://www.mmr.cz/getmedia/8b7d5fac-cf9d-4d06-9b83-492c3664f5a3/1303-Narizeni-o-spolecnychustanovenich.pdf. See http://www.mmr.cz/getmedia/56227081-fdc0-4efe-9d11-a0583c9570b8/1301-Narizeni-o-ERDF.pdf. 10