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Agcom, the Tar rejects Iliad’s appeal on portability

The resolution adopted in July by Agcom to prevent and combat thesim exchange”, a scam that consists of stealing users’ phone numbers, does not contain illegality. This is established by the operative part of the sentence just published on Tar of Laziowhich will make known the reasons for this decision within 45 days.

Therefore dismissed the appeal that had been filed by Iliad Italy, Fastweb, postepay and Federconsumatori, who complained of an excessive bureaucratisation of the procedures, above all in the case of replacements for the Sim registered to persons other than the actual users.

A circumstance that would in fact be conspicuously slowing down a part of the market, complicating the procedures for many users of all operators of the mobile phone.

The Agcom resolution

Agcom resolution 86/21/CIR, the so-called “Sim Swap”, provides a series of changes to the procedures for portability, providing for “mechanisms that aim to strengthen controls carried out during the procedure, the introduction of notifications that guarantee updates on the performance of any SIM replacement activities”, to give the user the opportunity “to confirm or not the continuation of the replacement process (or portability) of the card”.

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The position of iliad

“Waiting to know the reasons that led the Tar to this decision – reads a note from the operator – iliad confirms the firm will to carry on its reasons in all the forawith the strong awareness that not only the company’s reasons are under discussion, but rather the affirmation of some essential principles: that of consumer protection and its effective lfreedom of choice on the one hand, and that of one competition that is as healthy and transparent as possibleon the other”.

The release, according to iliad, “negatively impacts users and the market, for no reason, since it is possible to effectively prevent and combat ‘Sim Swap’ fraud without resorting to measures, such as those introduced, which effectively block portability”.

CEO Benedetto Levi: “Small corrections would be enough”

We have always made transparency and freedom of choice a point of pride for our company – he claims Benedetto Levi, CEO of iliad Italy – Today we find ourselves in an incomprehensible situation: without jeopardizing the overall structure and purposes of the Resolution, it would be enough to make small corrections to allow all users to change operator when and how they want, without having to go through complex procedures”.

“The discomfort is evident – ​​he adds – just look at the number of portability that crash each day. So far no one, neither the Authorities nor the Institutions, has asked us to have access to the data. It would be enough to look at them and realize that hundreds of thousands of users are blocked, potentially 2.5 million a year. We are talking about millions of people who would find themselves forced, in spite of themselves, to suffer hardship, seeing their freedom of choice effectively limited. This without then wanting to take into account the impacts on competitive dynamics and – last but not least – thework burden for the many small and medium-sized entrepreneurs active in the telephone retail sector who find themselves having to explain to users every day that it is not their responsibility if the portability is not successful, losing time and resources, without any refreshment”.

I strongly ask the Authorities and Institutions – concludes Levi – to convene a working table as soon as possibleverify if our statements are true, to confirm or deny if there have already been hundreds of thousands of failed portability, and to act accordingly, identifying and implementing as soon as possible those simple corrective measures that can definitively resolve the situation”.

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