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
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.