Tiscali 2012 Annual Report Download - page 9

Annual financial report as at 31 December 2012
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Date File Name Status Page
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Annual Report as at 31
December 2012 9
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for the imposition of symmetric access obligations on the alternative Operators (Resolution
43/12/CONS) are currently underway.
In conclusion, AGCOM launched a procedure for assessing the regulatory impacts of the introduction
of the new copper-based transmission technique known as “vectoring”, which is also currently
underway (Resolution 42/12/CONS).
Definition of the regulations for transition to the wholesales market of virtual access services
(Bitstream) from ATM to Ethernet
The ”end of sale” of the ATM network apparatus imposed a forced acceleration of the migration of the
Bitstream services towards Ethernet technology. In consideration of the multitude of technical and
economic problems associated with the technological switch off and the consequent risks for the
competitive set-up, an inter-operator discussion group was launched within AGCom for the definition
of the technical migration conditions. Furthermore, AGCOM approved a tariff system providing
incentive for migration which, by means of recourse to discounts on the mass migrations and lower
costs for the Ethernet band, should enable minimising direct and indirect switch off costs.
Definition of the fixed interconnection tariff system using IP technology
By resolution 349/12/CONS, the Authority launched a procedure for the definition of the fixed
termination tariffs using IP for the three-year period 2012-2015 on the basis of an incremental cost
model (BU LRIC) valid for all the Operators and which will therefore lead to the application of
symmetrical tariffs. The procedure is still underway and recently underwent a further standstill
following the initiation of the so-called “Phase 2” during European consultation. In particular, this is an
exceptional procedure envisaged by the European legislative framework which permits the European
Commission (EC) - should it have strong doubts with regard to the regulatory proposal of a national
Authority - to submit the proposal for the further assessment of the board of European regulators
(BEREC). In the case in question, the EC expressed serious doubts on the tariffs proposed by
AGCOM for the three-year period 2013-2015.
As far as TDM termination is concerned, a recent measure of the II level administrative judge (Council
of State) confirmed, with regard to the petition of an OLO, the validity of the tariff asymmetry between
Telecom Italia and alternative Operators for 2012. Therefore, an AGCOM’s Resolution is awaited
which accurately defines the value of the termination price applicable by the alternative Operators for
2012.
Mobile services market, relating to SMS termination and MVNOs
During 2012, AGCOM carried out an analysis on the SMS termination markets, aimed at checking the
existence of positions of significant economic power on the market and therefore the possibility of
imposing pro-competitive obligations. The procedure was wound up in March 2013, with the decision
not to regulate the market.
Furthermore, during the year, AGCOM carried out supervisory activities on the market with particular
regard to the competitive conditions of the virtual mobile operators, but without reaching any decisions
in this sense.
Customer protection, relating to the quality of the assistance services
During the last month of 2012, AGCOM published a proposal for the review of the norms relating to
the quality of assistance services (customer care) and launched the related public consultation. The
procedure is still underway.
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