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The Lazio Regional Administrative Court rejected iliad’s appeal which in the past weeks had sided together with Fastweb against some parts of the resolution Agcom 86/21/CIR with which we try to stem the phenomenon of the so-called SIM swap – the change of owner of the card without the knowledge of the rightful owner.
The new rules have been in force since November and provide in a nutshell (to) that the SIM change (even in the case of number portability) can only be carried out by the SIM holder e (b) the introduction of a system of identification of the person requesting a SIM change through identity documents, tax code, old SIM and possible report in case of theft or loss.
Even though sharing Agcom’s intention to limit cases of SIM swapsiliad immediately stated that the resolution, as defined, penalizes the market dynamics by creating obstacles to the change of operator. And now that the Lazio TAR has ruled rejecting the appeal, the operator reiterates its intention to “carry forward his reasons in all the forums” believing that in this way the competition and “the protection of the consumer and his effective freedom of choice“.
This resolution has a negative impact on users and the market, without any 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.
[…] without jeopardizing the overall structure and the purposes of the Resolution, it would be enough to make small corrections to allow all users to change operator when and how they think, without having to incur complex procedures.
The inconvenience is evident, just look at the number of portability that crash every 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 and a half million in a year. We are dealing with 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 impact on competitive dynamics and – last but not least – the increase in work 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 portability fails, losing time and resources, without any refreshment. I strongly ask the Authorities and Institutions to convene a working table as soon as possible, verify 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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