Communications Regulatory Authority

Imposing on the notified operator to provide the WLR service in areas where
unbundling has not been developed yet is considered by AGCOM as the necessary
factor for competitors to be able to climb the so-called ladder of infrastructural
equipment and achieve even higher infrastructure levels. By shaping the obligation
according to the level of development of the unbundled access to the local loop, the
WLR service is assured not to be in conflict with the unbundling service, in the sense
that WLR shall not prevent the latter from developing, so discouraging investments by
alternative operators.
On the other hand, taking account of the innovative nature of the WLR, under
article 21 of said resolution AGCOM has provided for the setting up of a panel
participated in by operators, in order to clarify and explain all technical, economical and
accounting aspects which are a prerequisite to the implementation of the service at
issue. 16 undertakings participate in the panel, which was set up by AGCOM decision
no. 11/06/SG and started work in March 2006.
The wholesale market for unbundled access to copper loops and sub-loops
(market no. 11)
On 12 January 2006, with Resolution no. 4/06/CONS, AGCOM passed the final
regulation relating to the analysis of the wholesale market for unbundled access
(including shared access) to copper loops and sub-loops, for broadband and voice
service provision purposes (market no. 11 among those identified by the European
Commission Recommendation of 11 February 2003).
This regulation comes after public consultation Resolution no. 415/04/CONS,
whose market analysis it deals with again by better setting out the obligations identified
by the resolution.
Resolution no. 4/06/CONS confirmed both the market definition identified by the public
consultation, according to which the extent is limited to copper networks, and Telecom
Italia having been notified as an operator enjoying a significant market power because
of its substantially monopolistic position in the copper access market.
With respect to the obligations imposed on the operator with a significant market
power, in line with the provisions set forth in the regulations previously in force and in
the proposed regulations submitted to public consultation, the above regulation confirms
transparency and non-discrimination obligations as well as the requirement to publish
an annual reference offer inclusive of services supplementary to the supply of
unbundled access.
The Resolution also confirms the accounting and administrative separation and
cost-accounting obligations, as well as price-control obligations.
With special reference to the latter, Resolution no. 4/06/CONS amends the policy
proposed by the public consultation by setting out a long-term price control system with
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