Communications Regulatory Authority

an 1PC-4.75% reduction restriction for the years 2006 and 2007. The system also breaks
down services into 4 baskets according to the need to avoid cross-subsidies to the
detriment of fast-growing services with smaller volumes.
Each basket also includes activation fees and service management special oneoff
charges, which fall within the same price-variation restriction. By supplementing the
draft regulation, Resolution no. 4/06/CONS sets out structured offer obligations
covering not only unbundling access services but also the relevant additional services,
requires that a Service Level Agreement (SLA) be entered into, imposes provision and
reactivation penalties and sets out offer terms for the co-location service, which is no
more linked solely to the unbundled access but is supplementary to all intermediate
services which Telecom Italia is required to offer.
Among the major supplements proposed by Resolution no. 4/06/CONS are
methods to migrate among operators as regards unbundled access services. Under article
18 of said resolution new and more complete methods are set forth for users to switch
among different unbundled access services, in order to allow the migration between two
alternative operators with the least service discontinuance, while keeping the number
previously allocated. Another supplement involves the possibility for users of
alternative operators to switch from the unbundling operator and go back to Telecom
Italia by directly advising the latter of their intention.
These provisions transversely cover also broadband service markets and WLR
access service markets (market no. 12, no. 1 and no. 2 among those identified by the
European Commission Recommendation of 11 February 2003) for the purpose of
setting out homogenous migration methods among all access services in order to protect
end-users’ will to choose freely among different offers, regardless of the intermediate
access services used by each operator.
With respect to these procedures, which require that agreements be signed
among all operators, including Telecom Italia, for such aspects as number portability,
rejection reasons and call redirection AGCOM has decided that they shall come into
force exclusively subject to a previous agreement between the parties, while reserving
its intervention by a binding decision on conflicting aspects. In order to supervise the
implementation procedure AGCOM has set up a special panel with decision no.
11/06/SG for the purpose of involving all operators and causing discussion to occur
with consumer associations.
The wholesale market for broadband access services (market no. 12)
By publishing Resolution no. 34/06/CONS in the Official Journal of the Italian
Republic no. 44 of 22 February 2006, AGCOM concluded the analysis of the wholesale
market for broadband access services (market no. 12 among those identified by the
European Commission Recommendation of 11 February 2003) undertaken in March
117