On June 10, 1998 the Italian Ministry of Communications issued the long-awaited Ministry Decree on the principles affecting interconnection agreements. Notwithstanding the fact that interconnection agreements are defined by law as private agreements between operators, the Decree sets the general discipline of the relevant contents, and provides for very strong powers of the Authority for Communications in the matter.
The Authority is charged with the task of ensuring an equitable content of the agreements, such that one party may not be unduly favoured by the provisions. Article 3 provides for the possibility of each party to submit to the Authority all data regarding the negotiations developed with the other party, and to file a request of settlement of any unresolved issue. The intervention of the Authority may also be invoked after the closing of the agreement, in order to resolve disputes in the interpretation and in the execution of the contract.
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