Tiscali 2009 Annual Report Download - page 19

Tiscali Group: Annual Report 2009
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body” which, upon the appointment of the Authority, will have to manage and certify the measurement
activities or provide an assessment of the quality of internet access from a fixed location, to the end users
who request this service.
By resolution 147/09/CSP the Fondazione Ugo Bordoni (Ugo Bordoni Foundation) has been designated
as the independent subject responsible for implementing the measures on behalf of the operators. Two
measurement systems were identified, the so-called “Server Oriented” model and the “Client Oriented”
model.
Process for migration of end customers between alternative operators
In order to counteract the phenomenon of activations/migrations of services not requested by the customer,
by resolution 23/09/CIR “Implementation provisions of procedures pursuant to resolution 274/07/CONS
regarding the provision of the migration code from the fixed network operators”, Agcom invited operators
to adopt a Code of Conduct in regards to the migration procedures and imposed the obligation to provide
the Migration Code to its customers.
Attachment B to resolution 41/09/CIR defined the minimum contents which Operators must comply with
upon signing the Code of Conduct. Said agreement was signed by Tiscali (and by some of the main Operators
in the market) on 11/06/2009. In addition, resolution 23/09/CIR laid down the obligation for operators
to insert the migration code in the invoicing document periodically sent to the customer. This provision
concerned both consumers and business customers, even if with different timescales as regards adaptation.
Another provision introduced to protect users can be found in resolution 52/09/CIR (implementing resolution
274/07/CONS) and provides for the use of a ‘Secret Code’ generated at random, within the migration code.
This mechanism, whose activation is forecast in March 2010, was designed to avoid the phenomena of
activations/migrations of services not requested by the customer.
Mobile telephony and entry of mobile virtual Operators (MVNO)
By resolution 78/08/CIR “Norms regarding the portable nature of the mobile number” the Authority
deemed it necessary to review the series of norms, provisions and models of interaction which regulate
the service for transferring the mobile number for the customers of all operators, including therein virtual
operators, as well as the disclosure formalities vis-à-vis the Authority, in light of the changed situation
determined by the entry into the market of virtual operators. One of the most significant measures present
in the provision is without doubt the reduction of cut-over (migration) times from 5 to 3 days.
In addition, the obligations envisaged by resolution 353/08/CONS of 30/06/2008 were implemented, “New
deadline for meeting the obligation of the portability of residual credit in the event of transfer of the
customers pursuant to resolution 416/07/CONS, containing: Notice to mobile telephone operators to
meet the obligation of crediting the residual credit to customers as per article 1, paragraph 3 of Italian
Law no. 40/2007”.
Market analysis
The objective of market analysis at national level is to establish whether a market is effectively competitive and
in that case suspend the ex ante regulation obligations. With reference to community directive 2007/879/EC
(which reduced the relevant markets significant from 18 to 7), on the basis of the results of previous market
analysis, Agcom was called to assess the opportunity, at national level, for reducing the relevant markets,
or the removal of restrictions on some markets and defining new solutions on markets still deemed to be
susceptible to ex ante regulation.