The general criteria for presenting complaints that relate to execution of the Undertakings are set forth in Resolution no. 18/2016.
Pursuant to the Undertakings presented by Telecom Italia and approved by the Communications Regulatory Authority in Resolution no. 718/08/CONS, modified in 2016 by Resolution no. 451/16/CONS, in compliance with article 64 paragraph 16 of Resolution no. 623/15/CONS pertaining to compliance with the non-discrimination requirements and to article 11 of the Supervisory Board Internal Regulation, third parties may submit complaints to the Supervisory Board concerning irregularities or inadequacies in the execution of the Undertakings.
When evaluating complaints presented by third parties, the Supervisory Board relies on the Supervisory Office.
Note that, in compliance with the mandate received in resolution no. 718/08/CONS, the Supervisory Board may only address complaints that specify in what way Telecom Italia has breached the Undertakings and not those relating to complaints about disruptions presented by individual customers.
The Office receives complaints submitted to the Supervisory Board by third parties using the form provided through Resolution no. 1/2009 or using any other suitable means.
Initial evaluation of the complaints
Upon receiving a complaint the Office must verify whether initiating a formal investigation is justifiable. Within 15 days of having received the complaint, the Office submits the outcome, accompanied by a technical report, to the Supervisory Board for evaluation.
Should the complaint be deemed vague or clearly incorrect, the Supervisory Board closes the complaint and, at the same time, charges the Office with informing the complainant of the outcome, explaining why the complaint was closed. If the complaint is neither vague nor clearly incorrect, but lies beyond the scope of the Supervisory Board's mandate, the Office will forward the complaint to the competent functions in Telecom Italia, for it to be addressed separately. If the complaint is neither vague nor clearly incorrect and lies within the bounds of the Supervisory Board's mandate, the Supervisory Board calls upon the Supervisory Office to initiate an investigation, which must be completed within 90 days, unless the Supervisory Board provides reasons for extending the period.
To guarantee the broadest possible participation in the investigative phase of the process, the Supervisory Board ensures adequate forms of communication announcing the decision to open an investigation.
Priority criteria for complaints
Should the Supervisory Board receive multiple complaints, and in the event that these cannot be addressed simultaneously, priority is established on the basis of the following criteria:
- seriousness of the breach reported
- degree to which the reported breach impacts the market and equality of treatment
- urgency level and risk of irreparable damage to the market and to equality of treatment.
Formally opening the investigation
The Office sends a description of the reported breach of the Undertakings to Telecom Italia. The description must include any request for documentation and the deadline for Telecom Italia to comply with the request. Should it be necessary, the Supervisory Board may entrust the Office with direct access to the data and to the information.
During the investigation, the Supervisory Board oversees the conflict with Telecom guaranteeing that the parties are as involved as possible in the process. Third parties may, in fact, provide the Supervisory Board with further documents, information and defences that support their reports or complaints. The Supervisory Board may, of its own initiative or upon request, consult third parties who have submitted reports or complaints, to obtain further information or explanations about the events reported.
Guaranteeing the right to be heard
If, once the Office has completed its investigation, apparent irregularities or inadequacies in the application of the Undertakings surface, the Supervisory Board sends Telecom Italia, with all the parties involved in copy, a preliminary report, meant to guarantee the right to be heard. Said report outlines the elements upon which the evaluation rests and provides the expected deadline for the assessment. Should the Regulatory Authority initiate a procedure relating to the same matters, while the Supervisory Board's assessment is in process, and should the Regulatory Authority ask the Supervisory Board to do so, the SB will interrupt its assessment. In the event that the Supervisory Board interrupts its assessment, the SB will send the results obtained up to that point to the Regulatory Authority's Director of Network Management and Electronic Communication Services and to Telecom. Any third parties who have submitted reports or complaints are also informed by the SB that the process has been interrupted.
Reasons and decision
No later than 15 days after the investigation is completed, the Supervisory Board will arrive at a reasoned decision which brings the procedure to a close, having the effects and consequences outlined in article 15 of the Internal Regulation. All parties involved are informed of said decision.
In compliance with the period set in article 15 paragraph 2 of the Internal Regulation, the Supervisory Board moves to assess the actions taken and remedies put into effect by Telecom to comply with said decision. A non-confidential version of the actions taken is shared with the parties involved in the procedure. Following said assessment and having examined the outcome, the Supervisory Board will decide whether a complaint should be forwarded to the Regulatory Authority, with the Telecom Italia Board of Directors in copy.
The Supervisory Board may, while conducting its investigation, encourage the search for technical solutions in agreement with Telecom and the third parties who have submitted complaints or reports. The goal is to find a solution to the issues raised and share the solution with the Regulatory Authority's Director of Network Management and Electronic Communication Services.
To that end, the Supervisory Board will select, from its own staff, a Technical Office Director, whose role will be to coordinate and supervise the single Technical Roundtables.
Minutes and communication with third parties
The Supervisory Office is required to take the minutes of all its activities and, when requested by the Supervisory Board, to forward a summary of the action taken, devoid of confidential information, to the relevant parties.