FS says that NTV has unilaterally changed the launch date four times, due to circumstances beyond the control of FS, and is using the current dispute over paths as a smokescreen for its own problems. FS and RFI say they reject NTV's allegations of "unlawful conduct under existing law."

NTV says that it wants to launch its service by end of 2011 or the beginning or 2012, which is later than originally planned, but the proposed new rules announced by RFI will not allow this. NTV says that in order to start its services in 2012, under the new rules it must present its safety certificate by August 2011, but this document includes the certification of its AGV trains which will not be obtained before September or October.

A Dow Jones report says NTV's complaint "reflects a chronic regulatory problem in Italy where former monopolies often manage to squelch upstart rivals by influencing terms of access to necessary infrastructure."