Telecom Italia unsuccessfully tried to suspend the validity of a new regulation issued by AGCOM to enforce net neutrality rules.
Background: The Italian regulator passed a decision in August 2018, for the correct application of Article 3 of the EU Regulation on open internet access of 2015 (that is, the Regulation enforcing Net Neutrality in the EU). The rules establish users’ freedom to use “terminal devices” (e.g. routers) of their choice, saying that contracts cannot limit such right.
What’s new? Telecom Italia asked an administrative court to suspend the validity of the ruling. The court has now decided that the request cannot be accepted, seeing as the alleged €350m loss for the company is currently “not demonstrable” and has to be related to the size of the company’s revenues (€19.8bn in 2017).
Is this the end then? Not quite. The tribunal has rejected the suspension, but it has granted hearing to an appeal, to be heard on 23 October 2019. In the meantime, Telecom Italia has announced it will comply with the rules as of 1 December 2018. AGCOM also published some clarifications to questions posed by operators.
