In December 2008, the Italian National Regulatory Authority for Communications (AGCom), approved the Undertakings of Telecom Italia, in order to guarantee a more effective equality of treatment in the market of the access to electronic communications networks; it represents an innovative solution which, in addition to the measures and remedies required by AGCom, envisages the assumption of voluntary obligations by the Operator.
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The Telecom Italia Undertakings, approved with Resolution no. 718/08/CONS, are part of the reference regulatory framework set out in article 14a of Decree Law 4 July 2006, no. 223, as converted into law no. 248 of 4 August 2006, which introduced this concept as a regulatory “negotiation” tool, which, with the creation of Open Access, discussed below, is the result of lengthy and carefully considered regulatory procedure started by AGCom with the active contribution of the Company.
This regulatory pathway has seen the involvement of all the relevant market Operators in a public consultation process, subsequently confirmed and further developed in Resolutions no. 731/09/CONS and no. 1/12/CONS, with which, after transforming many of the measures contained in the aforementioned Resolution no. 718/08/ CONS into regulatory obligations, AGCom defined specific rules for next generation networks and services.
Directive no. 2009/140/EC, which amends the applicable regulatory framework largely outlined in Legislative Decree no. 259 of 2003, the “Electronic Communications Code”, fits into this context. In fact, while the Directive still regulates the case of “voluntary” separation (article 13b), it introduces a so-called “functional” separation, a further regulatory obligation to be imposed on Operators with significant market power.