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Communications Regulatory Authority

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AGCOM enacted regulations for the settlement of disputes between users and<br />

telephony operators with Resolution no. 182/02/CONS, as subsequently amended by<br />

Resolution no. 307/03/CONS.<br />

Under article 2 of the regulations users are entitled to file petitions and complaints –<br />

also by submitting ad hoc forms available on AGCOM’s website – with regard to the<br />

breach of rules by their electronic communications service providers or to commercial<br />

and contractual aspects handled by the latter.<br />

The submission of complaints by consumers and other parties involved was<br />

simplified by a user-friendly form available on AGCOM’s website.<br />

In 2005 approximately 7,000 complaints and requests for action submitted by<br />

consumers, legal firms, consumer associations and other institutions were examined by<br />

AGCOM.<br />

Applications are not always submitted by filling in the on-line form mentioned<br />

above, and cover several types of cases, such as, in particular:<br />

- requests for action aimed at various types of compensation in compliance with<br />

operators’ service charters;<br />

- reports of activation of unwanted services;<br />

- reports of lawbreaking with requests for the level of current sanctions to be<br />

raised;<br />

- complaints relating to general lawbreaking that would imply some regulatory<br />

action;<br />

- reports of poor-quality service provision;<br />

- complaints relating to criticalities arising in the carrier pre-selection and local<br />

loop unbundling service provision;<br />

- problems concerning the billing of special-rate services;<br />

- problems concerning the portability of mobile and fixed numbers;<br />

- problems concerning the lack of territorial coverage by broadband services.<br />

Some complaints involve requests for explanation with regard to electronic<br />

communications regulations, mostly with respect to the activation of unwanted services,<br />

contractual and billing problems and problems involving methods to re-enter the<br />

incumbent operator’s network in case of local loop unbundling or carrier pre-selection<br />

services.<br />

Also in 2005 the Complaint Management Unit (UGS) set up by AGCOM in late<br />

2003 carried out a systematic analysis and electronic filing of complaints submitted, by<br />

which the compliance of operators’ behaviour towards users could be verified both with<br />

telecommunications regulations and with general consumer protection rules. The UGS<br />

then represented the necessary institutional lookout body for regulatory and supervisory<br />

purposes.<br />

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