Monitoring and verification of compliance with the Undertakings of TIM in order to guarantee equal treatment for all authorized communication operators (OAOs).
The SB has the objective of avoiding the risk of discriminatory behavior towards other authorized operators, who use the TIM network, in order to provide telecommunication services on the Italian market and that of enforcing the principle of equal treatment when accessing the fixed network.
In the telecommunication sector, the possibility of a fair and equal treatment can only be achieved if the infrastructure’s owner, who is also a supplier in the retail services market (i.e. vertically integrated operator), can be credibly excluded from reserving a preferential treatment to its internal functions (i.e. retail activity). For this reason the Supervisory Board on equal access to the network of TIM is called upon to accomplish various monitoring functions and operates as an independent and autonomous body. It is chaired by experienced members and is a result of the undertakings agreed upon by TIM to create an essential mechanism for a joint public-private monitoring and co-supervision of non-discrimination of the TIM network.
The Supervisory Board is requested to verify any breaches of the Undertakings - either reported by third parties or upon its own initiative - and to duly communicate the results of the preliminary investigations to the Authority-Agcom- and to the TIM Board of Directors. The SB is empowered with the ability of acquiring all the necessary information and all types of data for this purpose, so as to carry out all the obligatory functions inside the TIM organization involved in the process.
Monitoring of the Obligations relating to compliance of TIM on non-discrimination.
With the enter into force of the new Supervisory Board regulation (in July 2016) and following various new measures adopted by Agcom, the SB’s activity has significantly expanded and now also includes the surveillance of all aspects concerning the principle of non-discrimination.
The SB is also tasked with providing specialized technical support to both Agcom and TIM, about the creation, implementation and application (always fully respecting the obligation of non-discrimination) of any new versions of the order and delivery process t for TIM network access services, which has currently been "improved and reinforced" as regards to the previous one. Agcom may also request technical support from the Supervisory Board in order to carry out specific studies, analysis, testing and verification processes within its regulatory sphere of competence; furthermore, Agcom can ask support to the SB in its technical roundtables with the other authorized operators (OAOs), regarding the utilization of the TIM network.