Telecoms and media—Italy—Q&A guide
Telecoms and media—Italy—Q&A guide

The following TMT practice note provides comprehensive and up to date legal information covering:

  • Telecoms and media—Italy—Q&A guide
  • 1. Summarise the regulatory framework for the communications sector. Do any foreign ownership restrictions apply to communications services?
  • 2. Describe the authorisation or licensing regime.
  • 3. Do spectrum licences generally specify the permitted use or is permitted use (fully or partly) unrestricted? Is licensed spectrum tradable or assignable?
  • 4. Which communications markets and segments are subject to ex-ante regulation? What remedies may be imposed?
  • 5. Is there a legal basis for requiring structural or functional separation between an operator’s network and service activities? Has structural or functional separation been introduced or is it being contemplated?
  • 6. Outline any universal service obligations. How is provision of these services financed?
  • 7. Describe the number allocation scheme and number portability regime in your jurisdiction.
  • 8. Are customer terms and conditions in the communications sector subject to specific rules?
  • 9. Are there limits on an internet service provider’s freedom to control or prioritise the type or source of data that it delivers? Are there any other specific regulations or guidelines on net neutrality?
  • More...

Telecoms and media—Italy—Q&A guide

This Practice Note contains a jurisdiction-specific Q&A guide to telecoms and media in Italy published as part of the Lexology Getting the Deal Through series by Law Business Research (published: May 2020).

Authors: Simmons & Simmons LLP—Edoardo Tedeschi; Alessandra Bianchi

1. Summarise the regulatory framework for the communications sector. Do any foreign ownership restrictions apply to communications services?

The primary legislation governing the communication sector in Italy is Legislative Decree No. 259 of 1 August 2003 - Electronic Communications Code (the Electronic Communications Code) that results from EU 2002 directives regulating the electronic communications networks and services, the authorisation of electronic communications networks and services, the interconnection of electronic networks and user rights.

In addition, the Italian Communications Authority (the Authority) issues resolutions as secondary legislation containing detailed rules in the offering of electronic communication services and networks. Indeed, the Authority, established by Law No. 249 of 31 July 1997, is a regulatory agency designed to actively promote the integration between the telecommunication and media markets and to supervise and monitor the markets.

Moreover, the Data Protection Authority issues resolutions containing specific obligations for operators in the storage, processing and use of personal data information.

The Ministry of Economic Development - Communications Department (the Ministry) is in charge, inter alia, of issuing authorisations and allocating the spectrum.

A general authorisation is required to offer electronic communications services in

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