L’esercizio dei poteri pubblici per lo sviluppo delle infrastrutture di comunicazione elettronica

The aim of the paper is to investigate the evolution of the market model in the electronic communications infrastructure sector. The strategic usefulness of (ultra) broadband as a tool for reducing physical distances between remote areas is evident. The introduction of the laissez-faire model within the EU legal system has brought with it several risks arising from the inefficiency of free market self-determination, such as the abandonment of rural areas because they are not economically viable. According to the recent positions expressed by the European Commission and, consequently, by the Italian legislator, the research will examine whether there is a possible change in the configuration of electronic communication services. More precisely, can the public institutions limit themselves to the role of regulator – or controller – of the market, or could it be admissible to consider a greater impact – such as a model of tempered nationalizations – of the public sphere in the economy?