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Communications Regulatory Authority

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The verification based on final data relating to the first six months when the<br />

offer was on sale is currently being carried out.<br />

Lastly, mention should be made of the peculiar problems arisen from the analysis of the<br />

price terms set for the fixed-to-mobile traffic in connection with offers intended both for<br />

residential users – “Teleconomy famiglia” – and for business users – “Teleconomy one<br />

office”. By an additional monthly charge both allow to use a given number of traffic<br />

minutes towards selected numbers belonging to the same mobile operator, while<br />

charging specific rates to the rest of the traffic, to be intended both as traffic exceeding<br />

the minute ceiling set in the offer, and as traffic towards mobile operators different from<br />

the selected one.<br />

In some cases AGCOM’s action revealed a price discriminatory practice applied<br />

by Telecom Italia with respect to some operators, and the existence of criticalities<br />

relating to special discounts, with regard to the replicability of rates fixed for the call<br />

minutes spent within given ceilings.<br />

With respect to these offers, given the special tariff structure not generally<br />

allowing to calculate with sufficient exactness, on the basis of ex-ante assumptions, the<br />

traffic shares achieved within and outside the ceiling, AGCOM deemed it necessary to<br />

start an appropriate monitoring of offer consumption in order to carry out precise<br />

verifications based on data submitted by Telecom Italia at regular intervals as to<br />

subscribers’ actual consumption.<br />

The same considerations hold for the verifications carried out with regard to<br />

international traffic discount terms, offered by Telecom Italia through special options<br />

applicable to several offers, the so-called “package offers”.<br />

In more general terms, in the light of recent preliminary assessment<br />

investigations and of a well-established experience, AGCOM confirmed the need to<br />

monitor the actual trend of consumption involving offers launched on the market by<br />

Telecom Italia, a need which had already emerged in the past and has become even<br />

more relevant in time.<br />

This aims at identifying any possible critical aspects that might arise following<br />

changes in consumers’ behaviours driven by the special nature of offers, also in view of<br />

the special structure of the proposed offers, which more and more frequently involve the<br />

possibility to choose complex pricing and discount lines on which the ex-ante analysis<br />

might prove insufficient.<br />

In carrying out its supervisory action, AGCOM also constantly monitors<br />

Telecom Italia’s compliance with AGCOM’s guidelines on the non-sale of offers, as<br />

well as any non-submission of the required information.<br />

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