Quality Parameters, user protection, contracts, and contract summaries: what do AgCom resolutions 156/23/CONS and 89/23/CONS foresee for Proximity Operators.

With Marcello Cama, vice president of Assoprovider, engineer Alfredo Pasini, the association's regulatory consultant, delves into some important aspects for Internet Operators regarding the regulatory adjustments made by AgCom to the new developments introduced by the Communications Code.

After the publication of Legislative Decree 207/2021, which amended the old communications code by incorporating European regulations, AGCOM has initiated a dialogue with the operators, with associations and institutions to provide correct interpretation and implementation of the user protection regulations contained in the Code.

On the subject, the Authority has issued a series of resolutions, including some that are already in effect. During the event, we focused on resolutions 405/22/CONS (Quality and Service Charters for Fixed Location), which is becoming effective these days with 156/23/CONS, and 89/23/CONS (User Protection on Contracts Related to the Provision of Electronic Communications Services).

Today we present a summary of the main contents. To review the full event, the recording is available on the official Assoprovider YouTube channel:

What does AgCom resolution 405/22 (156/23/CONS) provide for regarding quality and Service Charters from Fixed Position

The resolution concerns new rules on contractual protection and transparency and on quality indicators that Operators must communicate regarding their services.

The main novelty on this front is the reduction to 10 quality indicators (compared to the current 21).

The parameters are divided into two sections. 

For electronic communication network access providers, there will be: 

• Initial connection supply time (service activation time). 
• Failure rates for access line (malfunction rate). 
• Fault repair time.
• Complaints regarding the accuracy of invoices (disputed invoices and billing accuracy).
• Response times for the operator's customer service calls.

The last two also concern Internet access providers – including FWA technology – to which are added:

• Latency (data transmission delay).
• Jitter (data transmission delay – standard deviation).
• Packet loss (Packet loss rate).
• Data transmission speed (minimum download and upload connection speeds).

Among the other innovations introduced by the AgCom resolution, engineer Pasini recalls:

• The obligation to publish a "technical transparency" page on one's official website, to be included in the home page menu, indicating minimum, maximum, and normally available speeds (previously the obligation was only for the minimum achievable speed).
• The introduction of transparency and contract protections also for users of FWA services.
• The possibility for users to claim and request compensation after certifying the speed of their fixed line through the Ne.Me.Sys software (with two measurements at least 30 days apart).
• The obligation to publish the results of the measurements of the new quality indicators (KPI) and the comparison with the previously set objectives.
• The continuation of the Authority's work on Misuralnternet which allows, with a system of probes distributed throughout the Italian territory, the comparison of the main connectivity offers on the market, including the most innovative offer.

From the moment of the publication of AgCom resolution 156/23/CONS – which has not yet occurred but is expected in the coming days – all measures must be implemented within 180 days.

89/23 – Protection of Users on Contracts Related to the Provision of Electronic Communications Services

We now move on to resolution 89/23/CON, which concerns the "Protection of Users on Contracts Related to the Provision of Electronic Communications Services." The measure revises resolution 519/15/CONS on the regulation regarding contracts for the provision of electronic communications services.

The regulation applies to contracts between operators and end users, but not to large enterprises.

With the new regulation, AgCom does the distinction between adhesion contracts and negotiated contracts ceases to exist, focusing instead on the subjective criterion (end user, consumer, small business or microenterprise), rather than on the contractual type.

Among other items of the consultation, the resolution identifies:

• Information obligations to be applied to contracts (such as the characteristics of each service provided; prices – including contributions on after-sales service, maintenance, and customer support; duration and conditions of renewal or termination of the contract, and so on);
• Maximum contract duration not exceeding 24 months;
• Extension of contracts;
• Instalment payment of services and terminal equipment;
• Modification of contractual terms (ius variandi);
• User rights in case of service performance discrepancy compared to what was promised in the contract;
• Right of withdrawal;
• Termination of the contractual relationship;
• Contractual information on migration procedures and number portability.

Among the new features introduced, Ing. Pasini recalls the obligation for the operator to specify the terms for initiating the procedure for the activation of voice and Internet services (at the conclusion of the contractual phase).

Not only that. The contract must specify the compensation due to users if the operator fails to meet its obligations regarding migration and number portability.

The regulation also includes the discipline of offers that encompass, within the same contractual proposal, one or more electronic communication services and terminal equipment.

The resolution finally requires the obligation to provide a contractual summary, before signing, which clearly indicates the supplier's data (also for any complaints), the characteristics of the services, the prices, the duration of the contract, and the conditions for renewal or termination of the same, and so on.

To stay updated on current regulations and make your voice heard at institutional tables, join Assoprovider, the association of Proximity Operators.

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• Request information from our reference experts

For information, visit assoprovider.it