I think you also need to read:
45. Although a network operator may be present in the zone targeted by the State intervention, certain categories of users may still not be adequately served in the sense that either some broadband services requested by the users were not available to them
or, in the absence of regulated wholesale access tariffs, retail prices were not affordable compared to the same services offered in other more competitive areas or regions of the country
. If, in addition, there are only limited prospects that third parties would build an alternative infrastructure, the funding of an alternative infrastructure could be an appropriate measure. This would remedy the absence of infrastructure competition and thus reduce the problems arising from the de facto monopoly position
of the incumbent operator . However, the granting of aid under these circumstances is subject to a number of conditions that would have to be met by the Member State concerned.
46. Accordingly, the Commission may declare compatible, under certain conditions, State aid measures that target areas where the provision of a broadband infrastructure is still a de facto monopoly
provided that (i) no affordable or adequate services are offered to satisfy the needs of citizens or business users
and that (ii) there are no less distortive measures available (including ex ante regulation) to reach the same goals. . . .
I would therefore argue that the correct approach is to look at the services in terms of both speed and limits on use that are sought by customers (not what you or I think a customer ought to be satisfied with) and the correct comparison is terms of affordability is in terms of the difference in the cheapest price for services meeting those requirements between the grey and black areas. This is why the guidance uses the term "de facto" monopoly throughout, in your interpretation those words are unnecessary and appear to add nothing. In addition it certainly seems common sense to me that the availability of broadband infrastructure in a domestic area means terrestrial infrastructure, looking at the guidance as a whole. The guidance in my view makes clear that the approach is to reduce market distortions that prejudice the consumer, and not to protect per se the niche markets of satellite or most local WISPs.
We see things not as they are, but as we are . - Anais Nin