Case IT/2005/0260

I.

• 10 October 2005 – Notification registered by the Commission from AGCOM– Art. 6 FD (national consultation) 2 March

2005-1 April 2005– Art. 7 FD (deadline for Comm consultation) 10

Novembre

• Art. 7 (3) FD – NRAs and Comm may make comments

II.

• Market definition

• „retail market for access to the public tel. network at fixed location for resid. and non-resid. users in Italy (market 1 and 2)

• Geographic scope: national

III.

• Finding of SMP• Telecom Italia (both markets)• Reasons:

– Market share (98%-96%)– Control over infrastructure difficult to complicate– Easy or privileged access to financial resources– Barriers to entry– Potential competition– Economies of scale and scope– High switching costs

IV.

• Regulatory remedies– Provision of the Wholesale Rental Line on

transparent, and non-discriminatory condition, retail-minus basis

– Non-discr. between end-users– Transparency– Not to unduly bundle products and services– Price control (price cap mechanism)– Cost accounting

• WRL because:– No alternative operators– To foster competition– Subject to time limit– Geographical limitation (currently not open for

access)