AGCOM is delaying TIM’s switch-off plans because of concerns over device compatibility, and wants operators to better inform consumers about their right to cancel without penalties
A duty to inform regulators ahead of spectrum refarming: In April 2021, TIM announced the switch-off of its 3G network. Throughout the process, the operator had to keep the Ministry of Economic Development (MISE) and the regulator AGCOM informed, since the switch-off involved the reuse of spectrum in the 900MHz and 2100MHz band for 4G and 5G services. In 2020, as part of the conditions for the renewal of those licences, AGCOM required operators that wanted to use this spectrum for new technologies to submit adequate transition plans. These need to include safeguards for end users with 3G devices, or who are affected by the switch-off, and an adequate and timely information campaign, to be assessed by the regulator. TIM’s plan foresaw the switch-off of 3G from April 2022, following a gradual roadmap until June 2022. The operator started notifying its customers in November 2021.
AGCOM listened to consumers and MVNOs: AGCOM has now asked TIM to delay the completion of its 3G switch-off. The decision was taken in March, just weeks before the expected start of the switch-off, but was only made public this week. Having heard from a range of stakeholders (including consumers associations and MVNOs hosted on TIM’s network), the regulator has found that a number of end users are still using devices that only work on 3G, and would have to use the 2G network for data once the switch-off is complete. Others have a 4G device, but still need to get a 4G SIM card. Some other users have a 4G device which is not configured for VoLTE. MVNOs have told AGCOM that they are facing difficulties in negotiating with device manufacturers to ensure they are upgraded for VoLTE support.
A three-months delay, and better information for consumers: AGCOM approved TIM’s switch-off plan except for the dates, which will now have to be rescheduled to start not before 1 July 2022. TIM will have to submit a plan with new dates to both the regulator and to MISE. With regard to the upgrade of 4G devices for VoLTE, TIM committed to supporting MVNOs in their negotiations with manufacturers, and AGCOM made this commitment binding in its final statement. Finally, TIM and the MVNOs it hosts are required to inform their customers ahead of switch-off. The provisions in the Electronic Communications Code allow end users to switch or cancel their contracts without penalties since the switch-off of 3G is a unilateral change of contractual conditions. However, this has not been communicated to end users during operators’ information campaigns so far. Operators will now have to inform their customers that they have this right, with at least 30 days’ notice ahead of the switch-off.
Source: https://www.agcom.it/visualizza-documento/72e2fd6d-389c-4cf3-b403-13939f0737ff
