On 11 October 2013, the Italian Communication Regulatory Authority (hereinafter ” NRA ” ) published on its website the Resolution no. 549/13/CONS, adopted in the proceedings pending between the MVNOs, such as DIGITEL ITALY S.p.A, ITALY ALPHA TELECOM S.p.A , NOITEL S.r.l , ITALY ICS S.r.l , PlusCom Sas , SAN MICHELE COMMUNICATION S.r.l , represented and advised by ” Cugia Cuomo & Associati ” Law Firm , and H3G SpA and Telogic Italy Srl , related to the obligations of access and interconnection services.
With this Resolution, Agcom injuncted H3G to provide its services in favor of Telogic Italy, until October 28, 2013, upholding the Plaintiffs’ requests, in order to protect the rights of the users of the virtual mobile operators, mentioned above.
The dispute between those Operators arose when H3G informed the Authority about its intention to interrupt the provision of its services in favor of the Enabler Operator, Telogic Italy Srl. Since May 11th, 2012, under the agreement signed with H3G, Telogic has been operating as an aggregator – enabler of mobile virtual network operators in the Italian market (MVNE – Mobile virtual network enabler and aggregator ), providing the undertakings interested to enter into the Italian mobile market, such as the Plaintiffs, authorized as ESP (Enhanced service Provider ) or ATR (Air time reseller), with its mobile services through the UMTS networks of H3G. Under that agreement, in fact, H3G and Telogic introduced in Italy a business model aimed to allow even small undertaking to operate as MVNO, by means of a platform of services provided by H3G. The agreement, indeed, allowed Telogic to provide the Plaintiffs with the supply of branded Sim Card; activation of USIM and customer management services; management of dedicated rates; billing and customer care services.
Hence, this Resolution no. 549/13/CONS must be considered very significant in the Italian mobile market, since Agcom, highlighting the importance to protect the users’ rights to the continuity of their mobile telephone services, required H3G – which was not formally party of the agreements between Telogic and the Complainants - to provide Telogic with its networks and services, until October 28, 2013, in order to guarantee the supply of the mobile services in favor of the Plaintiffs and their costumers.