This Annual Report outlines both the activities performed and the results achieved in 2019 by the Supervisory Board for the equal access to the TIM network with the objective of guaranteeing the principles of non-discrimination and equal treatment.
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The Council was nominated in December 2017 and its activities were further enhanced in 2019 following modifications to the regulatory framework introduced by Resolution Agcom no. 348/19/CON and as a subsequence of the completion of their coordinated analysis of the markets for fixed network access services.
This measure, in addition to outlining the new regulatory framework with or without the legal separation of TIM's fixed access network, confirmed the validity of the Supervisory Board for enforcing equivalence in many structural and competitive contexts. This are evaluated by Agcom and demonstrating that the safeguarding of equal treatment represents - as per the Authority - an essential objective, independent from any future possible corporate separation.
The technical evaluation and support capabilities of the Supervisory Board, giving it high value, publicly recognized by the national regulator, enhanced the institutional collaboration between Agcom and the Supervisory Board throughout the year.
Thus, in conjunction with the traditional supervision of the implementation of the “Undertakings” regarding the equal treatment by TIM, which is the very foundation of the Supervisory Board and referred to in Resolution no. 718/08/CONS, the activity focused mainly on the implementation of the annual WORK PLAN in support of the Authority Agcom, so as to guarantee both equivalence and increase of the quality of network access services.
In view of the above, the Supervisory Board, in addition to constantly supervising the ongoing non-discrimination commitments and the aforementioned support to Agcom for matters entrusted to its care, has exercised a more complex and active surveillance task for compliance with the non-discrimination obligations, referred to in article 41 of the mentioned Agcom Resolution no. 348/19/CONS, conducting new initiatives and insights illustrated below.