ItalyResolution 98/23/CONS of the Authority for Communications Guarantees, Article 5, accessibility of public telephone stations for consumers with disabilities
Delibera AGCOM n. 98/23/CONS, art. 5
In force.
An accessibility requirements rule binding public and private bodies.
What it requires
- If you provide the public telephony service, ensure that at least 75% of your public telephone stations are accessible to consumers with disabilities, with the same functionalities as are reserved to all other consumers (Resolution 98/23/CONS, Article 5(1)).
These lines are LexLint's reading of the law's text.
If you get it wrong
Penalty structure
Article 7 of the resolution applies the sanctions of Article 30 of the Code as a whole. Article 30(12) of the Code is the paragraph on regulatory acts: it fines with EUR 240,000 to EUR 5,000,000 a person who does not comply with the orders, warnings or regulatory acts adopted under the decree, and orders the refund of sums wrongly charged to users within a term of not less than thirty days. Article 7 also preserves, where its conditions are met, the power of Article 2(20)(c) of Law 481/1995: a fine of not less than EUR 2,500 and not more than 300 billion lire (EUR 154,937,069.73 at the fixed conversion rate of 1,936.27 lire to the euro), and suspension of the business for up to six months for repeated violations where that does not impair users' access to the service. Article 30(27) provides that the Authority's sanctions under Article 30 may be reduced, up to one third, having regard to the minor extent of the violation, the action taken to remove or reduce its consequences and the operator's economic size, and Article 30(24) excludes payment of those sanctions in a reduced amount under Article 16 of Law 689/1981.
- Rule
- Fixed only
- As of
- Minimum
- 240,000
- Currency
- EUR
- Fixed cap
- 5,000,000
Who enforces it
Enforcement body
The Authority for Communications Guarantees (Autorità per le garanzie nelle comunicazioni, AGCOM) or the Ministry, according to their respective competences
What it reaches
Instrument type
a regulation made under an act
Applicability criteria
- As of
- Combinator
- All of
- Criteria
- provides the public telephony service through public telephone stations (Resolution 98/23/CONS, Article 5(1))
What this law does
Resolution 98/23/CONS was adopted on and published on the Authority's website on . The Authority adopted Article 5 in implementation of Article 98-vicies quater of the Code, to give consumers with disabilities access to the public telephony service equivalent to that of all consumers.
Article 5(1) requires the providers of the public telephony service to ensure that a minimum share of the stations is accessible to consumers with disabilities with the same functionalities as are reserved to all other consumers. Article 7 applies the sanctions of Article 30 of the Code to a violation of the resolution, without prejudice to the sanctioning power of Article 2(20)(c) of Law 481/1995.
Article 2(20)(c) of Law 481/1995 lets the Authority fine non-compliance with its measures with not less than EUR 2,500 and not more than 300 billion lire, and, for repeated violations, suspend the business for up to six months where that does not impair users' access to the service.
Article 30(14) of the Code lets the Ministry, on the Authority's report and after notice of the charge, suspend the authorised activity for up to six months or revoke the general authorisation and any rights of use where a violation under paragraph 12 or 15 is particularly serious or is repeated more than twice in five years.
When LexLint raises it
When your app profile says your app provides telecom services.
Back to the example · Lint your app
Page updated .