WINDTRE announced that soon will comply with resolution AGCOM 348/18 / CONS on free modem, with particular regard to already customers with paid modems. Indeed, the customers involved will be able to to choose whether to keep the offer unchanged or return the equipment without paying the related costs.
The communication appeared today, 15 June 2020, on the page WINDTRE Informs of the operator’s site. Below is the full note published on the WINDTRE website:
In accordance with AGCOM 348/18 / CONS, in compliance with article 5, paragraph 1, letter a) on the freedom of choice of terminal equipment, WINDTRE is preparing, for the customers who are entitled to it, the choice between continuing to use your own offer with the modem supplied by WINDTRE, or, modify the offer without the constraint of the equipment, returning it and no longer pay the relative cost.
We will shortly update this information and all the related details will be provided.
Customers affected by the aforementioned information will also receive specific communication on the invoice.
So, after TIM and Vodafone, the communication of WINDTRE following the publication of the last January 28, 2020 of the Lazio TAR judgment on TIM’s appeal (along with the parallel one of WINDTRE), which he had confirmed the validity of the resolution, in particular for the part relating to already customers with existing contracts, which had been the main object of the dispute with the precautionary suspension.
In the case of WINDTRE, the operator makes it known that he is preparing the possibility, for the already fixed-line customers with a fee-paying modem who are entitled to it, of to choose between continuing to use its offer with the operator’s modem, or change the offer eliminating the constraint of the modem, thus allowing to return it without paying any costs.
At the moment WINDTRE has not provided further details on the procedures to be followed, but specifies that it will do so shortly by updating the same information published on the site.
Remember that in Fiber technology FTTH with WINDTRE, at the moment, a SFP module to be used with a modem that provides the appropriate slot (there is no external ONT powered).
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The operator also points out that i customers involved (probably those who signed an offer before the resolution on the free modem came into force, i.e. 1 December 2018) will receive a specific communication on the invoice. At the moment, no communication seems to have arrived in the last billing cycle, which is therefore expected in the next.
So, as already done by TIM, WINDTRE will also comply with the provisions of article 5, paragraph 1, letter a) of the resolution, which concerns already customers with modem included for a fee.
Article 5, paragraph 1, letter a) of AGCOM resolution no. 348/18 / CONS provides in fact the following: “(The operators, ed) […] limited to existing contracts that provide for the compulsory use of the terminal for end user consideration: a) They propose to the user the variation without charge of their offer in an equivalent commercial offer that provides for the supply of terminal equipment by way of free of charge or which does not restrict its use through the allocation of costs of the goods or services related to the terminal in billing […]”.
Finally, please note that paragraph 1 of article 5 of the AGCOM resolution on the free modem also provides for letter b), which would allow the same target customers who can modify the offer by deleting the modem, alternatively, of “withdraw from the contract without charges other than the mere return of the terminal, giving adequate information “.
At the moment, however, in the communication published by WINDTRE the possibility of withdrawal without penalty is not mentioned for customers with the modem included for a fee, as already announced by Vodafone.
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