The trade association denounces the non-compliance by some telephone companies with the rulings of the Tar and the regulations on the Free Modem issue, calling into question the President of the Republic. 

An extraordinary appeal to the President of the Republic, Sergio Mattarella,  for the failure to apply national and EU laws on the subject Free Modem and freedom of access to the Network. This is the latest initiative by Assoprovider, the association of Independent Providers, in the face of an injustice that continues to be perpetrated by some telecommunications players, to the detriment of some citizens. The latter continue to pay the modem installments in their contracts, despite the latest ruling of the Tar del Lazio has confirmed their  right to use an alternative modem, without being forced to use the one provided by your telephone operator. 

The appeal by Assoprovider also involves the Presidency of the Council and the Ministry of Economic Development and especially AGCOM, the Authority for Communications Guarantees, which should have overseen "the transposition acts of the Community Regulation on the subject of consumers' freedom to choose the network terminal equipment."

Assoprovider at the forefront for digital citizens' freedoms

The issue of Free Modem remains a priority for Assoprovider, as confirmed by the president, Dino Bortolotto:

"Assoprovider has always fought on the front of Free Modem. We have recently joined, for example, the coalition for civil liberties, Free Modem Alliance."

The president of the independent providers association then explains the reason for the appeal to the President of the Republic:

«The extraordinary appeal to the Head of State is part of a broader strategy by Assoprovider, and other entities with which specific dialogues have been initiated, aimed at focusing attention on the rights of citizens and businesses in the electronic communications sector, which also includes close monitoring of public acts related to the allocation of resources in the field of broadband.».

Free modem, the decision of the Tar del Lazio

The ongoing violations by some telecommunications companies regarding the Free Modem issue are even more serious when considering the recent ruling of the Tar del Lazio that confirmed Agcom's thesis  (with resolution 348/18 CONS), of which Assoprovider was one of the major supporters.  

Against the ruling that established precisely the "right [of users] to use an alternative modem and no longer pay for the one provided by their telephone operator", had appealed  Tim and WIND 3, in a standoff that saw Assoprovider, together with Aiip, on the other side. 

The ruling had temporarily put an end to the battle, as confirmed Fulvio Sarzana, the "historic" lawyer representing the interests of Assoprovider: 

"This is a victory to celebrate for two reasons: on one hand, for consumers who will be able to save money by obtaining modems at more affordable prices. On the other hand, it is a victory for small and medium operators who can be more competitive and combine quality with affordability in their services.", he explained. However, Sarzana himself emphasizes that "the road to enforcing [the ruling] is still very long."