A Milan court has rejected Telecom Italia's (TIM) request for precautionary measures against FiberCop regarding new tariffs for access to Italy's main fixed-line telecoms network. The ruling supports FiberCop's revised pricing framework.
The court's decision favors FiberCop's pricing flexibility, potentially leading to increased costs for TIM and impacting the competitive landscape of Italy's fixed-line telecoms market.
A Milan court has rejected a precautionary appeal filed by Italian telecoms operator Telecom Italia (TIM) against FiberCop, a KKR-backed entity, concerning new tariffs for accessing the national fixed-line network. The dispute stems from TIM's sale of its network assets to a KKR-led consortium in 2024, a move aimed at reducing TIM's debt.
TIM had requested the court to compel FiberCop to notify the telecoms regulator, AGCOM, about the economic terms of a long-term service agreement. However, the court ruled against TIM, stating that the company's interpretation of the Master Service Agreement (MSA) was not contractually supported. The court also determined that the prices outlined in the MSA do not apply to areas regulated by AGCOM and that FiberCop is not obligated to provide the disclosure TIM sought.
FiberCop welcomed the ruling, asserting it validates its conduct. The company had revised its pricing framework after AGCOM reclassified it as a wholesale-only operator in March, granting it a less stringent regulatory regime. This change removed previous cost-based price controls, allowing FiberCop more flexibility in setting tariffs based on a "fair and reasonable" assessment. Sources indicated that the new tariff scheme could increase TIM's annual costs by tens of millions of euros, with the new framework set to take effect on September 16.
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