Communications Regulatory Authority

In 2005, besides carrying out its supervisory action with regard to compliance with
current rules and regulations by providers of mobile and personal communications
services, AGCOM implemented regulations mostly regarding issues and problems
arisen in the framework of market analysis investigations (see par. 2.1.). In particular, in
the reference period regulatory and supervisory actions carried out by AGCOM with
regard to mobile telephony covered the following areas:
• SIM lock function applicability;
• supervising compliance with current regulations regarding mobile number
portability;
• mobile television service regulation.
SIM lock
AGCOM took action for the purpose of laying down regulations with regard to the
SIM lock function, and on 9 December 2005, with Resolution no. 66/05/CIR, it
undertook a public consultation on the SIMlock function implemented by mobile
network operators.
The lock is obtained through a special software configuration of the handset which
binds its use to specific SIM cards. The lock can be activated either by the SIMlock
mode or by the operator lock mode.
If the SIMlock mode is activated, the handset can only work with a special SIM or
USIM (for UMTS applications) card supplied by the operator which provides both the
handset and the mobile communications service. In the operator lock mode, the handset
can only be used with SIM/USIM cards issued by the mobile network operator which
has supplied the handset.
Following the above consultation, on 21 February 2006 AGCOM passed
regulations relating to the SIMlock with Resolution no. 9/06/CIR. This measure applies
to the sale of handsets by mobile and personal communications service providers,
regardless of the contract or lock type, without prejudice to the user’s right to receive
clear and transparent information also in case of handset rental or gratuitous bail. The
above resolution lays down guarantees of more transparency in the supply of
information to customers and, to that end, also deals with aspects concerning methods to
take out the contractual terms and conditions. Restrictions are also imposed on the
SIMlock function and rules are laid down to guarantee handset full operating capability
once the SIMlock period is over.
As to transparency guarantees in the supply of information to customers,
protection rules were laid down in line with the 1996 European Community advice and
with actions taken in other Countries. In this connection, provisions require that the
mobile and personal communications service provider offering handsets with the
SIMlock feature shall assure full disclosure of information, including that relating to
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