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But just to be clear, those EC guidelines don't support the case that state aid is only for rural areas.
Under the section "Description of the measure", the objective is described (Para 12) as providing NGA access to as many premises in each LA area as possible. No mention of rural/urban.
In the same section, the rationale (Para 14) only mentions the "final third".
In targetting (Para 20), there is the usual description of "White NGA areas" without restriction to rural or urban.
However, there is a paragraph (Para 21) that specifies that "this commission decision covers projects in the so-called 'final-third' of the UK." but that "urban broadband development projects are subject to a separate state aid notification."
Further on, paras 39-41 deal with targeting of state aid support:
Para 39:
Analysis and mapping of target areas, designated "NGA white" areas.
Para 40:
Run public consultation, which describes the target areas, to validate the mapping and to seek feedback from suppliers and other stakeholders.
My best conclusion is that the whole EC decision allows state aid for the "final-third", and for any areas designated NGA-White. There is no restriction that requires the areas to be urban or rural.
Yes, the context of the document makes you believe that the final-third is rural - and it is, mostly. But there is no requirement that it be rural.
The paragraph that does indicate an urban restriction just mentions the urban projects being subject to a different state-aid notice. I take this to refer to projects done under the guise of UBF.
What it comes down to is this:
If an exchange/cabinet area is not upgraded to SFBB within the "commercial two-thirds", does this automatically place it in the "final-third" for inclusion in BDUK, even if it is urban?
If it doesn't what are the criteria for deciding?
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