In April of 2009 the Supervisory Board began its activity in the framework of an extremely meaningful experience for the electronic communications industry in Italy. Indeed, with the approval in December 2008 of the Undertakings of Telecom Italia by the National Regulatory Authority (NRA) AGCom, a strong impulse has been given to the experimentation of an innovative solution which envisages, in addition to measures and remedies ordered by AGCom, the assumption of voluntary obligation elements by the operator, for the purpose of guaranteeing a more effective equality of treatment in the market of the access to electronic communications networks.
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The model adopted is the result of a lengthy and carefully considered regulatory procedure started by AGCom with the active contribution of Telecom Italia, which has seen all interested market operators involved in a process of public consultation. This model, more than any other, seemed to be the most suitable to reconcile the requirements of opportune safeguard of investment incentives in infrastructures with adequate guarantees of respect for the principles of equality of internal/external treatment, of transparency of development of the access network, of satisfaction of the operators and of the end users and of improvement of competitive conditions, even in the transition phase towards next generation networks.
This solution falls within the context and evolution of the legislative measures adopted in the past few years by the European Union, recently completed with the adoption of Directive 2009/140/EC. From this viewpoint the procedure that led to Telecom Italia’s voluntary undertakings represents an anticipation, at least from the objectives perspective, of the new European framework on the issue of voluntary separation of the access network.