Sommario: 

1. L’oggetto dell’indagine. 

2. I profili costituzionali. 

3. Gli aspetti amministrativi e questioni applicative. 

4. La coubicazione e condivisione di infrastrutture. 

5. Le reti dorsali nella disciplina attuativa. L’attività sanzionatoria dell’Autorità per le garanzie nelle comunicazioni. 

6. Conclusioni.

Abstract:

This publication concerns the installation of electronic communications networks, sharing /co-location of infrastructure and backbone networks. The inquiry involves several levels and points of observation: the Community profile, under the new framework directive n. 2009/140/EC, the Constitutional profile, a brief historical overview, the analysis of the primary and secondary legislation; the analysis of the Resolution no. 622/11/CONS “Regulation on the rights of installation of electronic communications networks and backbone con nec – tions for co-location and infrastructure sharing”. In general, when an operator intends to install optical fiber, it is sufficient to present a simple request called “DIA”, pursuant to art. 2, l. n. 133/2008. The Electronic Communications Code under legislative decree n. 259/2003 provides for, however, some special cases, such as the construction of civil works in excavation sites and occupation of public land, which require a special authorization by local authorities. The analysis has been continuing with the co-location and infrastructure sharing, in light of the changes made to the legislative decree n. 259/2003 by Law no. 70/2012, to comply with the Framework Directive n. 2009/140/EC. The new fact is that Agcom may impose the co-location and infrastructure sharing if required by competitive conditions. Only when the wiring is made “inside buildings or up to the first concentration or distribution point where this is located outside the building,” co-location will be preceded by a public consultation and will be subject to verification that duplication of such infrastructure is economically inefficient or physically impractical. Agcom cannot impose the co-location against private individuals or public institutions, except in case of a backbone network. The NRA has also provided for the formation of an electronic archive, which contains the entire infrastructure of the existing installation, dynamically updated. In the case of installation of backbone networks, Agcom is in charge of drafting a regulation, pursuant to art. 2, l. n. 133/2008. In this case, according to the resolution no. 622 cit., Agcom has obliged public entities to publish information, regarding the procedures and conditions for the construction of new infrastructure and access to the infrastructure that already exist.