Communications Regulatory Authority

In the reference period 283 petitions were filed for the purpose of obtaining the
settlement of disputes arisen between users and telecommunications operators. From a
close examination of disputes different problems arose, not just relating to the basic
voice telephony service (such as non-activation and late activation, delays in faults
repair, and non-relocation of a telephone line) but also to broadband services (such as
problems related to the non-activation of an ADSL connection or to the provision of
Voice over Internet Protocol (VoIP) services), and to common law issues related to the
installation of network components (such as the laying of cables outside built-up areas).
As far as filed petitions are concerned, approximately 70 disputes were settled
by AGCOM, while preliminary investigations of the remaining disputes are still under
way for the purpose of examining cases, carrying out closer technical examinations,
requesting additional preliminary documents and discussion supplements.
As to concluded proceedings, 3 disputes were settled by the acceptance of users’
requests, while the remaining cases were closed by a nonsuit following an agreement
reached while proceedings were pending, so that a two-fold result was achieved, both in
deflation terms with respect to the common interest, and in terms of a settlement which
met both parties’ interests, with a perspective aimed at guaranteeing an actual protection
of users’ rights.
Petitions filed under articles 5 and 13 of Resolution no. 182/02/CONS all
accounted for an exponential increase, more than twice the number of those received by
AGCOM in the previous year, this phenomenon being probably due to a higher user
awareness of alternative protection tools, apart from standard law enforcement
instruments.
User complaint management: the Complaint Management Unit’s
actions
Under article 2, paragraph 12, letter m of law no. 481 of 14 November 1995
setting forth “Regulations for the competition and regulation of public utilities. Setting
up public utility regulatory authorities”, AGCOM “evaluates complaints and petitions
filed by single or associated users or consumers with regard to the compliance with
qualitative and rating levels by service providers, in whose respect AGCOM takes
action either by imposing changes, if advisable, to their operation methods or by
revising service regulations under paragraph 37”.
Paragraph 12, letter g, also states that AGCOM “supervises the carrying out of
services with inspection, access, document and useful information gathering powers,
while also identifying cases of automatic compensation towards the user by a service
provider if the latter does not abide by contractual clauses or provides the service at
lower qualitative levels compared to those set out either in service regulations pursuant
to paragraph 37, or in the programme contract or under letter h”.
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