The trade association of independent providers wins the battle on Free Modem: following the favorable ruling of the Tar del Lazio, now comes the victory at the Council of State.

ROME, 2 AUGUST 2021 – Extraordinary victory of Assoprovider that participated in the proceedings before the Council of State which resulted in the defeat of Telecom Italia against the AGCOM resolution regarding free modem: consumers are finally free to choose which modem to use, regardless of the Internet service provider. 

With the ruling issued on August 2, the Council of State indeed rejected TIM's appeals as partly inadmissible and partly unfounded, upholding the arguments also put forward by Assoprovider. The historic association of independent providers, Assoprovider, rejoices: "It is a historic victory."

Assoprovider rejoices: "Epochal victory"

Enthusiasm at the Assoprovider headquarters for the ruling: the one on Free Modem is a historic battle for the association of proximity operators. This is how Dino Bortolotto, president of the association of independent providers, commented on the news: 

"This is an epochal victory for citizens and businesses, but above all a victory for market freedom and competition freedom. Assoprovider has always been at the forefront in the battles for fundamental rights."

Assoprovider has always fought on the front of free Modem. The ruling of the Council of State marks an important victory, but the battle continues. Thus explains Fulvio Sarzana, the "historic" lawyer representing the interests of Assoprovider: 

"This is an important victory for the association and a glimpse into the future of telecommunications, as the ruling by the Council of State anticipates the new powers of the Authority for Communications Guarantees provided by the European Electronic Communications Code, which is in the process of being transposed in our country». 

The story, from the beginning

Tim had filed an initial appeal with the TAR of Lazio against the Authority's resolution, seeing its reject two grounds of the appeal, while the administrative court upheld the company's requests in the event that the consumer decides not to use the provider's terminal after having already signed the supply contract. The ruling established for the first time the "right [of users] to use an alternative modem and no longer pay for the one provided by their telephone operator", temporarily putting an end to the battle that  saw on one side Tim and on the other side Assoprovider, together with other trade associations.

Telecom Italia subsequently filed an additional appeal with the Council of State against AGCOM resolution 348/18 CONS, suffering a new defeat: the administrative justice body has indeed declared, with the ruling of August 2, 2021, “partially inadmissible and partially unfoundedthe appeal filed by Telecom Italia against the Agcom resolution regarding free modem. 

The ruling of the Council of State definitively closes the issue, establishing the citizen's right to Free Modem. 

Assoprovider is the association that since 1999 has brought together the first Internet providers (the Internet Service Providers) who have contributed with their battles against multinationals to spread the Internet in the country. Among the association's achievements is the approval of the "Legge Salvaprovider," which equated ISPs with telephone operators. And the liberalization of WIFI in public venues or confined areas of public attendance.