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International roaming<br />

On July 6, <strong>2011</strong>, the European Commission published the proposed “Roaming III” Regulation which will<br />

come in<strong>to</strong> force on July 1, 2012. The Regulation proposes the extension of the maximum CAP until 2016<br />

for retail prices and until 2022 for wholesale prices, for calls, SMSs and intra-EU roaming data services.<br />

The proposal was submitted for approval <strong>to</strong> the European Parliament and the Council of Ministers of the<br />

European Union on the basis of the so-called co-decision procedure. The Regulation is expected <strong>to</strong> be<br />

approved in the second quarter of 2012.<br />

Long Term Evolution – LTE frequencies<br />

On December 7, 2010, the Stability Law <strong>2011</strong> was approved after which AGCom and the Department of<br />

Communications of the Ministry of Economic Development began the procedures for the assignment, by<br />

means of auctions, of the user rights for the radio frequencies intended for electronic mobile broadband<br />

communication services.<br />

On June 10, <strong>2011</strong>, AGCom published Decision 282/11/CONS containing the regulation on the<br />

procedures for the release of the user rights for the frequencies 800, 1800, 2000 and 2600 MHz. The<br />

Ministry of Economic Development, for its part, in the Gazzetta Ufficiale, Issue 75, of June 27, <strong>2011</strong>,<br />

called for bids for the assignment of the user rights for the frequencies in the same 800, 1800, 2000<br />

and 2600 MHz bands.<br />

The minimum auction bids for the single frequency lots were as follows:<br />

BANDWIDTH<br />

Minimum amount per lot<br />

(amounts in euros)<br />

800 – FDD 353,303,732.16<br />

1800 – FDD 155,869,293.60<br />

2000 – TDD 77,934,646.80<br />

2600 – FDD 30,668,726.75<br />

2600 – TDD 36,802,472.10<br />

<strong>Telecom</strong> <strong>Italia</strong> was admitted by the Ministry of Economic Development <strong>to</strong> the presentation of the bids for<br />

the use of the frequencies.<br />

The auction began on August 31, <strong>2011</strong> and ended on September 29, <strong>2011</strong>; on Oc<strong>to</strong>ber 3, <strong>2011</strong>, the<br />

Ministry of Economic Development – Communications Department – after the outcome of the auction -<br />

informed <strong>Telecom</strong> <strong>Italia</strong> that it had been awarded two generic blocks of 2x5 MHz each in the 800 MHz<br />

spectrum, one generic block of 2x5MHz in the 1800 MHz spectrum and three generic blocks of 2x5MHz<br />

each in the 2600 MHz. The <strong>to</strong>tal cost was 1,223 million euros, including a discount of 38 million euros,<br />

in exchange for <strong>Telecom</strong> <strong>Italia</strong>’s commitment <strong>to</strong> build over 50% of the new networks using equipment<br />

with eco-sustainable environmental features. Suitable guarantees were provided against this discount.<br />

On November 3, <strong>2011</strong>, <strong>Telecom</strong> <strong>Italia</strong> informed the Ministry that it had:<br />

• paid 767 million euros as the fee for being awarding the above blocks of frequencies;<br />

• set up a 5-year surety bond of 456 million euros following its request <strong>to</strong> pay the amount in<br />

installments.<br />

On December 15, <strong>2011</strong>, <strong>Telecom</strong> <strong>Italia</strong> asked the Ministry <strong>to</strong> authorize the start of trials for new services<br />

based on LTE technology in the 800, 1800 and 2600 MHz frequencies. Following the request tabled by<br />

<strong>Telecom</strong> <strong>Italia</strong> and the other mobile opera<strong>to</strong>rs, the Ministry set up a meeting <strong>to</strong> moni<strong>to</strong>r the release of<br />

the 800 and 2600 MHz frequencies by, respectively, the local television broadcasters and the Ministry<br />

of Defense.<br />

The user rights, formally awarded by the Ministry on Oc<strong>to</strong>ber 3, <strong>2011</strong>, were assigned in February 2012.<br />

AGCom fee<br />

AGCom carried out inspections <strong>to</strong> verify <strong>Telecom</strong> <strong>Italia</strong>’s and all the other telecommunications<br />

companies’ compliance with their obligations <strong>to</strong> pay the AGCom fee for the years 2006, 2007, 2008,<br />

2009 and 2010. On March 1, <strong>2011</strong>, with Decision 99/11/CONS, the Regula<strong>to</strong>r communicated <strong>to</strong><br />

<strong>Telecom</strong> <strong>Italia</strong> the findings of its inspections, asserting that the <strong>Company</strong> had not paid the correct<br />

amount of the fees for AGCom’s operating costs for the years in question and listing the additional<br />

accounting items which, in its view, should have been included in the chargeable base for the<br />

<strong>Report</strong> on Operations The Business Units of the <strong>Telecom</strong> <strong>Italia</strong> Group – Domestic 57

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