The State Council has ruled that the modem must be free

The highest judicial authority for administrative matters rejected Telecom Italia's second instance appeal against a 2018 Agcom resolution which guaranteed consumers the freedom to choose their own router to connect to the web

(photo: Pixabay) Internet users will be able to use their own modem for connection, without restrictions imposed by network operators. This is ultimately the outcome of a sentence by the Council of State, issued the other day by the sixth section, with which the highest administrative judge declared "in part inadmissible and in part unfounded the appeal presented by Telecom Italia against the Agcom resolves on the subject of free modems, definitively closing the affair ". This was announced by Fulvio Sarzana, lawyer of Assoprovider, an association of independent internet providers, who intervened in court together with the associations Aiip and Aires, to support the reasons of the authority for the guarantees in communications.

The Agcom resolution to which the story dates back to 2018 (number 348) and established the freedom for consumers to choose the preferred router to connect to the Internet. From December 1st of that year, the telephone companies had to start offering differentiated subscriptions with or without a modem, while up until then they administered their own device, making it pay in installments in the bill as part of the connection service. The intervention of the authority, which was linked to the European regulation on access to an open internet, prohibited telephone companies from imposing their device, increasing their rates or refusing to connect for those who chose another.

The Council of State therefore confirmed the direction already indicated by the previous sentence of the Lazio Regional Administrative Court, which at the beginning of 2020 had rejected the appeals of Tim and Wind 3 against the Agcom decision in the first instance. The Authority, based on the latest legal decision, will have full competence to intervene "by authority on clauses in conflict with mandatory rules" and to "act against agreements or commercial practices" that operators should adopt against the right to a free modem , explains Gabriele Fiorentini, representative of the Free Modem Alliance, to la Repubblica. Ensuring the full application of the free modem legislation was in fact the first objective for which in 2018 the alliance was born that brings together modem / router manufacturers, distributors, telecommunications operators and consumer associations to defend net neutrality.


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Internet free modem telecommunications Tim globalData.fldTopic = "Internet, free modem, telecommunications, Tim "

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