5G regulation and law in Italy

5G is already deployed in the country and five communications operators offer 5G services: TIM, Vodafone, WindTre, Iliad and Fastweb.

High concentration of 5G networks is recorded in urban areas (such as Milan, Rome, Turin, Naples and Bologna, where there is virtually full coverage), while in the countryside deployment is slowed down by structural barriers such as (i) the availability of frequencies and (ii) the lack of infrastructure. In particular, higher bands (such as 3.6 GHz or 26 GHz) are more suitable for high-density urban areas, but have limited coverage, and the shaping of the national territory may lengthen the time required to roll out the network because of some harder-to-reach mountainous or very isolated areas.

 As of December 2024, 5G coverage in Italy has significantly increased, thanks to investments by telecom operators and progressive expansion of the network. However, the percentage of coverage varies by source and region, as 5G is being deployed first in urban and densely populated areas, with slower progress in rural and mountainous areas.

According to the latest estimates/data available, Italian operators (TIM, Vodafone, WindTre and Iliad) claimed to have achieved 90-95% population coverage with 5G services. However, geographical coverage (in terms of area) is lower, with estimates indicating that around 60-70% of the national territory is covered by the 5G network, mainly in urban areas, along major transport arteries and in industrial areas. , Operators are striving to further extend the 5G network, with the goal of covering the entire national territory by 2025-2026, including completing roll-out in the most isolated rural areas.

As per SA 5G networks, by the end of 2023 a network was realized and switched on in the main cities of Italy, namely Milan, Rome, Turin, Bologna, Naples, Florence, Verona and Catania thanks to the collaboration among the top telecommunications market players (TIM, Vodafone, WindTre and Iliad). SA 5G networks ensure better service provision, with less latency and greater capacity to handle data traffic, which is likely to guarantee usage of new applications, such as autonomous driving and IoT. The outlook is to enlarge at the maximum extension possible the area that currently benefits from this technology, with the purpose to push the transition towards the smart cities.

In addition, according to the latest updates published on the 5G Observatory website, which contains updates about the extension of 5G on the Italian market (https://5gobservatory.eu/vodafone-italy-completes-three-month-openran-trial/), Vodafone Italy in 2024 collaborated with Nokia for a three-month OpenRAN trial, which took place on a live 5G standalone (5G SA) network.

The 5G auction began in 2018.

The tender rules aimed to ensure broad access to spectrum:

1. The frequencies were divided into blocks, with capping mechanisms to limit the spectrum each operator could obtain;
2. Some blocks reserved for new entrants went to Iliad, which entered the market in 2018;
3. Licensees had certain obligations to grant other companies access to their 5G network.

In 2020 TIM and Ericsson launched 5G connected technologies at the Leonardo da Vinci Fiumicino Airport in Rome.

In 2021 the government assigned EUR 2.02bn (USD 2.10bn) from the Italian Recovery and Resilience Plan to the application of the 5G Italy Plan. Under the Plan, aid will take the form of direct grants to electronic communications services providers. The measure will finance the deployment of (i) high-performing backhaul networks to connect mobile base stations that by 2026 do not yet have a high-performing network; and (ii)  base stations to provide 5G mobile services at download speeds of at least 150 Mbps and 30 Mbps upload speeds in areas that by 2026 are not yet served by networks with download speeds more than 30 Mbps.

Over 40 hospitals have signed an agreement with tower operator Inwit to provide Distributed Antenna System (DAS) micro-antenna coverage that is fully compatible with the 5G network.

In 2022, the Italian government announced a 5G infrastructure programme funded by the EU Recovery and Resilience Facility (RRF). Under this proposal, INWIT Infrastructure Wireless, a joint venture between Italian mobile operators Vodafone and TIM, has won six lots of funding with a combined value of EUR 345m (USD 359m).

The government will fund up to 90% of the cost of 5G infrastructure that targets the digital divide by expanding rural networks. The EU approved Italy’s infrastructure plan in April of that year.

In 2022, Inwit installed the same infrastructure in the new Milan metro line M4 for 4G and 5G connection to Vodafone and TIM users.

In 2022, Vodafone Italy announced that its 5G Fixed Wireless Access (FWA) was available for 1.500 municipalities and the number shall have been expected to increase until 2,500 municipalities within March 2023.

In addition, it is worth mentioning that the Ministry of Enterprises and Made in Italy (MIMIT) has increased the new electromagnetic-field limit to 15 volts per meter (V/m), more than double the previous limit of 6 V/m, with the purpose of complying with requests by mobile operators and mobile operator trade association Asstel, which had complained that stringent limits have forced Italian operators to face higher costs for network deployment with the result of a greater environmental impact. The new emission limits came into force on the 29th April 2024 and it is expected that raising those thresholds shall result in lower operational costs and boosed technology investments.

The 5G auction began in 2018.

The tender rules aimed to ensure broad access to spectrum:

1. Frequencies were divided into blocks, with capping mechanisms to limit the spectrum each operator could obtain;
2. Some blocks reserved for new entrants went to Iliad, which entered the market in 2018;
3. Licensees had certain obligations to grant other companies access to their 5G network.

The public tender began in mid-September and ended on 2 October 2018, with the awarding decision published seven days later.

MIMIT, formerly Ministry of Economic Development, awarded licences in the following bands: 700 (694-790) MHz, 3700 (3600-3800) MHz and 26 (26.5-27.5) GHz. The winning operators were: Telecom Italia, Vodafone Italia, Iliad, Wind Tre and Fastweb.

The frequencies were made available from 1 January 2019 for the 3700 MHz and 26 GHz, and from 1 July 2022 for the 700 MHz frequency. The usage rights will terminate on 31 December 2037. 

Participants provided a technical report indicating which services and technology they intended to implement, in line with the tender conditions and licensee obligations.

Each frequency block had a EUR 2.5bn (USD 2.6bn) reserve price, in order to achieve the minimum target set by the budget law(EUR 2.5bn). The blocks were awarded to the highest bidders after 14 days of competitive bidding. 

The main obligations are: (a) spectrum usage; (b) coverage; and (c) access.

Participants accepted the obligation to use the awarded frequencies in the 700 MHz SDL, 3600-3800 MHz and 26 GHz bands within strict timelines: 24 months from receiving the right of use, or from the nominal availability of the frequencies, if later, in the 3600-3800 MHz, 36 months in the 700MHz SDL band, and within 48 months in the 26 GHz band. Within these timelines, the operators must install the broadband or ultra-wide radio network and use the assigned frequencies, in all provinces.

The 700 MHz spectrum raised EUR 2.04bn (USD 2.12bn). Telecom Italia paid EUR 680.2m (USD 717.7m) for 2×10 MHz. Illiad spent EUR 676.5m (USD 703.5m) for 2×10 MHz. Vodafone spent EUR 683.2m (USD 710.5m) for 2×10 MHz.

The 3600-3800 MHz frequencies raised EUR 4.3bn (USD 4.47bn), with an average price for the frequencies of 0,018 EUR/MHz/PoP/10 years.

The price for the 26 GHz frequencies was much lower, raising a total of EUR 167.3m (USD 174m)

According to a recent study conducted by Bank of Italy researchers (“Connected Italy”, by Emanuela Ciapanna and Giacomo Roma, downloadable at https://www.bancaditalia.it/pubblicazioni/qef/2020-0573/QEF_573_20.pdf), after adjusting the data to the population (and therefore to the different market sizes), the unit price per MHz recorded in Italy was twice that of Germany, three times that of the UK, and four times more than Spain. 

There has not been an announcement on future tenders but Italy's long-term spectrum planning includes the potential release of additional frequency bands to accommodate increasing demand for 5G services. 

This involves both the expansion of current 5G networks and future upgrades, ensuring that spectrum is available for 5G evolution and the eventual transition to 6G. 

Please note that, as part of the European Union (EU) Digital Strategy, Italy is committed to coordinating spectrum allocations with other EU member states to ensure interoperability and cross-border 5G roaming. This coordination also allows for harmonized spectrum auctions and cross-border management of 5G networks, which will be crucial as services expand beyond national borders. Italy is actively involved in EU working groups to set common rules for spectrum sharing and usage. 

Within this framework, provided that the exact timeline has not already been finalized, expected tenders are as follows:

• Additional Bands for 5G: As noted, the 3.8-4.2 GHz band and the L Band (1.4 GHz) are expected to be auctioned around 2025-2027. The exact timing will depend on EU coordination and the finalization of relevant spectrum policy;
• Auction for the 3.6 GHz-4.2 GHz Range: Italy is likely to hold further spectrum auctions for mid-band spectrum in the coming years, with the aim of increasing network capacity for high-speed 5G services;
• Potential for 5G/6G Spectrum in Higher Frequencies: Spectrum bands above 24 GHz are also on the horizon for auction, particularly to meet the demands of future 5G applications and even 6G services. 

The 5G-specific rules are set out in Italian Communication Authority (AGCOM) Resolution no. 231/18/CONS and MIMIT tender rules. In the short term, the resolution includes the following key points according to which 5G frequencies allocation must be performed:

• Auction mechanism: the resolution provides for a combinatorial clock auction method to assign spectrum, aiming to ensure fair competition and optimal spectrum utilization;
• Reserve prices: reserve prices for each frequency band are provided as are specific payment processes;
• Conditions for participation: eligibility criteria for operators are outlined therein and in order to guarantee competition in the telecommunications sector, the resolution provides a framework for ensuring that smaller companies can join tenders;
• Coverage obligations: resolution includes coverage requirements for operators to ensure that 5G services are deployed across the country, particularly in rural and less-served areas.

To guarantee broad domestic 5G coverage, the tender rules ask licensees to cooperate. In fact, the 700Mhz spectrum holders are jointly bound to reach 99.4% of the population, within 54 months of receipt and on terms agreed among the assignees. Within 14 months of receipt, licensees must jointly agree on which tools will verify implementation. They must submit their plan to the MIMIT and AGCOM and update it annually. Failure to do so could result in licensees losing spectrum rights, with no reimbursement. The tender rules identify certain extra-urban areas in which each assignee must provide roaming services, frequency pooling, technical characteristics and locations to the others based on reciprocity principles, in order to guarantee a seamless service. These areas include crucial national networks for road, rail and maritime transport. 

The government is supporting 5G infrastructure sharing in order to develop the network in rural areas. In this perspective, on 16 March 2020, Infratel (an in-house company of the MIMIT) and 5G operator Linkem signed an agreement to test the potential to integrate Linkem's 5G FWA infrastructure with the fibre-optic infrastructure that Infratel offers to telecom operators.

LaterTIM and Vodafone entered into a strategic partnership to share their 5G networks, primarily focusing on radio access network (RAN) sharing. The agreement aimed to optimize 5G rollouts, especially in rural and less densely populated areas, reducing costs and enabling quicker network expansion.

In Italy, spectrum sharing is allowed under certain conditions, particularly for private networks and joint ventures, in compliance with broader European regulations and guidelines on dynamic spectrum sharing (DSS) and licensed shared access (LSA), which both serve the purpose of optimizing spectrum usage, especially in the case of non-5G operators.

The legal framework comprises several regulations and guidelines governing both network and spectrum sharing but no focused 5G network or spectrum sharing regulation has been adopted to date.

For sake of clarity, the area is governed by different multilevel acts which can be divided into the EU Framework (EU Electronic Communications Code or EECC) and the Radio Spectrum Policy Programme or RSPP), AGCOM Resolution no. 231/18/CONS (please see above) and AGCOM Guidelines.

Italy is compliant with EU regulations concerning spectrum sharing and network sharing through the implementation of the Italian Electronic Communications Code (issued by legislative decree no. 207/2021) and subsequent technical acts.

There are also AGCOM guidelines on spectrum sharing agreements, particularly in terms of ensuring that operators do not use shared spectrum to engage in unfair market practices. The authority has emphasized that the sharing of both network infrastructure and spectrum should contribute to expanding coverage, especially in underserved areas, without breaching competition rules.

In this respect, it is worth stating that AGCOM welcomed the idea of private spectrum allocation for enterprise 5G networks, ensuring that companies can use dedicated spectrum for industrial use without relying on public mobile networks. 

Although growth in 5G private networks in Italy has been slow so far, according to

5G & Beyond Observatory report the outlook is positive because 5G coverage in Italy is very high, with operators covering 96-99.7% of the population. However, this coverage is heavily reliant on DSS, which accommodates less advanced applications than SA 5G does. Non-DSS 5G networks in the country only cover 7.3% of the population. 

No mandatory rules are set out for ensuring access to new 5G networks, but there are several network sharing agreements which lead to the same results:

TIM and Vodafone’s agreement is via the integration of their respective tower companies, Inwit and Vodafone Towers. These have been integrated into Inwit, which will primarily rent space to telecommunication operators. Inwit is now jointly controlled by TIM and Vodafone, which each own a 37.5% share. To secure European Commission approval (announced 6 March 2020), the operators offered the following commitments:

• Inwit will make available, on reasonable and non-discriminatory terms and in accordance with a specific timetable, free space on 4,000 towers in municipalities with more than 35,000 inhabitants, for third parties to install, operate, maintain and use equipment to provide current and future fixed wireless and mobile telecommunications services;
• Inwit will publicize which towers are available;
• Inwit will respond in a timely fashion to third-party requests for tower access, and may only refuse to provide space for technical reasons, which must be explained these in writing;

In the event of access disputes, a fast-track resolution mechanism will enable an independent expert to adjudicate; and Inwit, TIM and Vodafone will not exercise any early termination rights on existing hosting contracts or framework agreements, and will offer to extend these.

The Commission concluded that the transaction, as modified by the commitments, would no longer raise competition concerns. The decision was conditional upon full compliance with the commitments.

Fastweb and WindTre on 25 June 2019 announced an agreement  to deploy a shared 5G radio access and backhaul network to support delivery of next-generation, high performing mobile services for their customers. The shared network includes  macro and small cells, connected via Fastweb’s dark fibre, with a view to 90% population coverage by 2026. WindTre manages the 5G network, while both operators remain independent in the commercial and operational use of the shared infrastructure. As part of the agreement, WindTre provides Fastweb with roaming services on WindTre’s existing network, thus allowing Fastweb to extend its mobile coverage. Meanwhile Fastweb provides WindTre wholesale access to Fastweb’s FTTH and FTTC network, improving WindTre’s ultra-broadband connectivity to wireline customers.

WindTre and Iliad have launched a joint venture company called Zefiro Net, which will facilitate infrastructure sharing in rural areas. The announcement comes after the companies received regulatory approval from AGCOM in August of 2022. WindTre and Iliad will both hold 50% of Zefiro Net’s shares.

There are several network sharing agreements:

Access obligations vary depending on the frequency band an operator has been awarded:

Operators with spectrum in the 700 MHz FDD band must offer national roaming on their 700, 800 and 900 MHz networks to a new entrant acquiring spectrum in this band for 30 months nationally and 60 months in the areas not covered by the new entrant. The roaming conditions must be fair, non-discriminatory, and transparent. The new entrant has the right to national roaming only if it has launched commercial service and covered at least 10% of the population with its own frequencies.

Each winner of at least 80 MHz nationally in the 3600-3800 MHz band (or that reach this amount by adding up frequencies in the lower 3400-3.600 MHz to which they have any right or agreement to use) must provide access to other players not licensed in the bands up to 3800 MHz (or licensees in 3.5 GHz but with frequencies covering less than 40% of the national population), such as other telecom operators or service providers. Access must be provided on the following terms: (a) the purpose of the access is to develop 5G services and access is based on a commercial agreement with fair and non-discriminatory conditions; (b) the agreement specifies the area of interest (which does not necessarily include areas where the holder has coverage obligations or in general intends to cover); and (c) if the licensee does not cover the area where a player requires connectivity, the player can deploy the network upon agreement or by leasing frequencies. This obligation also aims to develop new business cases by exploiting high performance technologies to offer future innovative services.

Access obligations according to the Club use model: each licensee can dynamically use all the awarded spectrum (up to 1 GHz) in areas where frequencies are not used by other licensees. To this end, licensees can stipulate reasonable commercial and non-discriminatory agreements, proportionally sharing costs. Each licence holder has the pre-emptive right to its assigned block (or blocks). Licensees can assign to a trusted third party the task of managing the uses to avoid harmful interference and access scheduling. Moreover, licensees must provide access (wholesale capacity) to other players (non-telco providers) to develop 5G services. There are additional specific access obligations for services in closed areas accessible by the public, such as ports, airports, stadiums, arenas, cinemas, theatres, national parks, museums and urban transportation systems. 

To ensure 5G cybersecurity, the government has included 5G technology within the scope of application of its Golden Power regime (Law Decree no. 21/2012). It also relates to agreements with non-EU entities on:

• The purchase of goods and services relating to the design, implementation, maintenance, and operation of 5G networks; and/or
• The acquisition of related high-tech components.

The law imposes a notification obligation for certain transactions, and the government may use the Golden Power by either imposing mitigation measures or vetoing a transaction if mitigation would not limit risks to the integrity and security of networks and data. According to statutory law, when a Golden Power notification is filed, the National Office for Assessment and Certification (Centro di valutazione e certificazione nazionale – CVCN) will assess possible vulnerability factors that could compromise the integrity and security of 5G networks and data transmitted through a preliminary investigation, which becomes part of the procedure.

With Law Decree no. 21/2022, the government has further expanded the Golden Power rules to strengthen the protections regarding national security in the strategic areas, with particular reference to transactions involving 5G broadband electronic communications services and cloud technology. The Decree provides for a duty of prior notification to the Office of the Presidency of the Council of Ministers when a company acquires goods or services related to the design, realization, maintenance and management of relevant activities. Such notification shall include an annual plan (to be updated on a quarterly basis) containing a detailed description – inter alia – of the transaction, the assets and parties involved, the agreements in place and the 5G network business plan. The annual plan is approved (possibly with prescriptions) or rejected within 30 days from the date of notification. The Italian Government applied its newly extended Golden Power to annual plans notified in 2022 by Vodafone, Fastweb, WindTre, Tim, and Linkem. Regarding the Vodafone/TIM annual plan, it is important to highlight that the government's interventions targeted the role of the Chinese company Huawei in supplying 5G equipment.

Moreover, the EU NIS Directive, implemented in Italy through Legislative Decree no. 65/2018, amended the Law Decree no. 21/2012, by identifying public and private national entities and operators which:

1. Exercise an essential function of the state, or ensure the provision of an essential service for the maintenance of social, civil, and economic activities that are fundamental to the interest of the state, and
2. Provide these functions or services through critical systems such as information systems and services whose malfunctioning, interruption or improper use could affect national security.

The law locates a series of requirements and notification duties that operators must meet. These include an obligation to: (i) notify the Presidency of the Council of Ministers and the Minister of Economic Development, and subsequently update a list of critical systems used by the operator; (ii) notify the authorities of any incident having an impact on such critical systems to Italy’s Critical Security Incident Response Team (CSIRT); and (iii) comply with measures to guarantee a high standard of security for critical systems.

The decree also affects suppliers of goods, ICT systems and services to be used on critical systems in that it requires operators planning to purchase such goods and services to notify the CVCN. Furthermore, the new legislation introduces a duty of collaboration with the CVCN, which may ask suppliers to meet certain conditions or request hardware and software testing for any risk assessment at their own expense. In this case, any supplier contract must include a condition precedent or a termination clause contingent upon the outcome of any CVCN assessment.

Furthermore, in November 2024, Italy announced plans to protect its universities and research institutions from foreign influence, aiming to prevent the theft of valuable scientific and technological knowledge. This initiative reflects growing concerns about safeguarding Italy's advancements in areas such as biomedicine, robotics, and semiconductors.

These measures underscore Italy's commitment to balancing technological advancement with national security considerations, ensuring that the deployment of 5G infrastructure does not compromise the country's cybersecurity. 

6G is expected to take place after full 5G roll-out, with a timeline for the first commercial networks projected around 2030.

Despite the above, R&D studies involving telecommunications operators as well as universities are currently flourishing both at national and European level.

In particular, please find here below key projects and initiatives related to 6G that have recently been launched in Italy:

Italy has been involved in the broader European and international efforts to research and develop 6G technology. The MIMIT and other governmental entities have allocated funding to support research into 6G through partnerships with universities, research centers, and the private sector. 

6G National Research Plan: Italy is contributing to the European 6G Vision and has expressed its commitment to laying the groundwork for 6G technology development. Italian researchers are participating in projects to develop key technologies, such as advanced wireless communications, AI-driven networks, terahertz communications, quantum communication, and ultra-reliable low-latency communication.

At the European level, Italy is involved in several key initiatives funded by the European Commission, under Horizon Europe and other research programs. 

EU 6G Flagship Programs: Italy is participating in the 6G-IA (6G Infrastructure Association), a public-private partnership aimed at defining and researching 6G technologies. The association brings together industry leaders, research institutions, and universities from across Europe to guide the development of future 6G standards.

Hexa-X and Hexa-X-II: Italy is involved in the Hexa-X project and its successor Hexa-X-II, which are two major European projects focused on developing key enabling technologies for 6G. These projects are part of the EU's effort to design and develop the architecture, protocols, and technologies that will define 6G, with Italy contributing expertise from both research and industry sectors. 

Several Italian universities and research institutions are heavily involved in cutting-edge 6G research. Some of the most prominent institutions include: 

Politecnico di Milano: Known for its excellence in telecommunications engineering, Politecnico di Milano is conducting significant research into the future of mobile networks, including 6G. Their work covers areas such as AI for 6G, network slicing, terahertz communications, and future communication architectures. 

University of Trento: The University of Trento is another leading institution working on 6G research, with a focus on AI-driven 6G network management, quantum computing for communications, and the use of advanced wireless frequencies. 

CNR (National Research Council): CNR is involved in various research projects related to 6G, with a focus on next-generation network infrastructures, data-driven communications, and secure communications. 

Several Italian companies are investing in 6G research and development, often in partnership with universities, research centers, and international organizations. Some notable players include: 

TIM: TIM, as the leading telecom operator in Italy, has been actively involved in European 6G initiatives and has started to explore 6G use cases in sectors like automotive, healthcare, smart cities, and advanced industrial automation.

Ericsson Italia: As part of the larger Ericsson global effort, Ericsson Italia is playing a role in the development of 6G, particularly in terms of next-generation wireless technologies and network architecture. 

STMicroelectronics: This multinational company, with a strong presence in Italy, is contributing to 6G development in the area of semiconductors, RF (radio-frequency) technologies, and advanced materials for high-frequency communications.