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(AWP Alliance News) - Inwit Spa late on Thursday disputed statements by Swisscom AG regarding the Inwit's master services agreement with Fastweb+Vodafone.
Fastweb+Vodafone, which is owned by Swisscom, announced in late March that it was terminating the 2020 MSA with Inwit, claiming that the Milan-based network infrastructure provider's tower costs were above market level.
At the same time, Fastweb is pursuing the establishment of a joint venture with Telecom Italia Spa to build and operate up to 6,000 mobile towers in Italy.
In its third-quarter results presentation, Swisscom said the "MSA termination" was "progressing", saying this was "supported by" a Court of Milan ruling in October. The court dismissed Inwit's request for an interim injunction to suspend Fastweb Spa's termination of the MSA, saying there was no urgency to justify this, although it did not rule on the merits of the termination.
Inwit, whose name means Infrastructure Wireless Italiane, responded on Thursday evening that it was "necessary to clarify", firstly, that the MSA's termination "is not an established and agreed fact" due to the "ongoing legal proceedings".
Inwit continued: "In the event of termination by the operator, the MSA provides for a site handover plan...to be agreed between the parties. Consequently, Fastweb+Vodafone is required to return the sites in their entirety on an 'all-or-nothing' basis, free of persons or property, for the benefit of Inwit, by 31 March 2031.
"This framework does not grant Fastweb+Vodafone the right to unilaterally determine the timing and procedures for vacating the assets, nor does it allow the handover period to be transformed into an arbitrary, fragmented migration of indefinite duration."
Inwit added that while it "entirely disputes" the validity of the termination, if it were deemed valid, Inwit "would be entitled to place the assets back on the market in their entirety, as also recognised in the judicial rulings issued to date".
Furthermore, Inwit said it currently has no agreement with Fastweb+Vodafone regarding the latter's continued presence on Inwit's infrastructure after March 31, 2031.
"It is therefore misleading to state that Fastweb+Vodafone 'retains access to towers during the migration plan' which Swisscom expects to complete no earlier than 2040," the company said.
Finally, Inwit said it was "difficult to understand how Fastweb+Vodafone can contemplate the termination of its relationship with Inwit in March 2028 and, at the same time, request the renewal of frequencies without having yet indicated, in concrete and verifiable terms, on which infrastructure it intends to exercise the relevant rights in the period following March 2028.
Fastweb+Vodafone is the result of the merger of Vodafone Italia Spa, part of Vodafone Group PLC, with Swiscom's Fastweb Spa at the start of 2026.
Inwit shares were down 0.3% at EUR7.27 each on Friday morning in Milan. Swisscom was down 1.3% to CHF725.00 in Zurich.
By Emma Curzon, Alliance News reporter
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