Exceptions against Router Freedom undermine users’ rights in Italy
In 2018 Italy implemented Router Freedom. However regulatory decisions in
2019 and 2023 introduced exceptions for fiber networks. The Free Software
Foundation Europe has now urged Italy’s telecom regulator,
AGCOM, to remove these restrictions and fully restore users' rights to choose
their own equipment to connect to fiber networks.
In 2018, Italy was one of the first countries in Europe to implement specific rules
supporting Router Freedom. However, since then, the national regulator AGCOM has introduced a series of exceptions
undermining Router Freedom
rights, negatively impacting the rights of consumers to use their own equipment to connect to fiber networks. The
FSFE has prepared a study on why Router Freedom should be respected in Italy, urging AGCOM to reconsider its decision based on
European standardized requirements for Router Freedom.
Regulatory exceptions and certification procedures against Router
Freedom
In 2019, Italian telecom operators pushed for an
exception against Router Freedom in fiber networks, which
AGCOM
confirmed. This exception significantly limited the ability of
consumers to use their own modems to connect directly to the fiber
network. AGCOM’s decision allowed internet service providers (ISPs) to
impose the use of optical network terminals (ONTs), with the exception
of personal routers on bridge mode. In 2020, BEREC set standardized
requirements for national regulators to evaluate Router Freedom.
However, the Italian regulator has not re-assessed its decision. In
contrast, the Netherlands
and Belgium committed to
Router Freedom for all
type of networks, following the evaluation criteria proposed by
BEREC.
In 2022, Router Freedom faced another setback in Italy during an
antitrust case ruled upon by the Italian competition authority, AGCM. The
largest telecom operator in the country, TIM, was requested to allow
terminal equipment from other ISPs in its fiber network. While this
commitment would have the potential to establish Router Freedom in the
country, TIM proposed a certification procedure for any device seeking
to be connected to the operator’s network. However, the costs involved
in the certification procedures were prohibitive (around 100.000
euros), and TIM required that the device should be certified again
after every software update. Nevertheless, in 2023, the Italian telecom
authority homologated
this antitrust agreement, reducing the
certification costs. These certification schemes are contrary to net
neutrality and open internet, because they create barriers for
end-users to use the equipment of their choice. As example, the
Dutch
regulator ACM decided in 2021 against any kind of obligatory
certification procedures or device black-list against router
manufacturers, requesting ISPs in the country to make the network
interoperable with any router that complies with EU device
regulations.
Router Freedom matters – also for Italy
The FSFE has prepared a study explaining why it is necessary for
AGCOM to re-evaluate its position in respect to freedom of terminal
equipment. We argue that the Italian regulator should apply the
BEREC Guidelines on the NTP to decide on this matter. The Belgian
and Dutch regulation authorities have followed the BEREC procedure and have not
found any technological necessity to limit Router Freedom in their
respective countries. The study concludes that allowing end-users to
choose and use their own terminal equipment supports their best
interests regarding privacy, data protection and security. Freedom of
terminal equipment is also key for fair competition, market innovation,
technical interoperability and digital sustainability.
Further material
- The FSFE’s request to AGCOM regarding Router Freedom in fiber networks [EN] [IT]
Router Freedom needs your support!
Router Freedom is the
right that customers of any Internet Service Provider (ISP) are able to
choose and use a private modem and router instead of equipment provided
by the operator. Since 2013, the Free Software Foundation Europe has
been successfully engaged with Router Freedom, promoting end-users’
freedom in many European countries. Join us and learn more about the
several ways to get
involved. Please consider becoming a FSFE donor;
you help make possible our long-term engagement and professional
commitment in defending people’s rights to control technology.
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