Communications Regulatory Authority

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2.1. ELECTRONIC COMMUNICATIONS MARKET ANALYSES Introduction Over the last year AGCOM continued the analysis of the relevant markets identified at a European level by the European Commission Recommendation of 11 February 2003, while also working at setting out the new package of regulatory obligations (the so-called “remedies”) ensuing from the identification of undertakings which enjoy a position of significant market power. In particular, AGCOM adopted resolutions bringing the regulatory procedure to an end for 15 out of 18 markets identified by the European Commission. AGCOM also adopted draft regulations as regards the remaining 3 markets, and immediately notified them to the Antitrust Authority – under article 19 of the Code of Communications, and pursuant to the joint-work agreement entered into with the above-mentioned Authority – as well as to the European Commission and to other Member States’ Regulatory Authorities – under article 12, paragraph 3 of the Code of Communications – in order to obtain their relevant advice. In the last twelve months AGCOM also published 4 documents undertaking public consultations on the preliminary investigations results relating to the identification and analysis of 5 markets, to the assessment and existence of a significant market power for undertakings operating therein, and to the regulatory obligations imposed on undertakings which hold such a power. As far as electronic communications market analyses are concerned, AGCOM completed its action by setting up three panels in charge of dealing with unbundling customer migration procedures, wholesale line rental, and bitstream service provision procedures. Actions carried out by AGCOM with respect to access markets, calls over the fixed public telephone line, leased lines, mobile telephony and radio and television infrastructures are described in detail hereinafter. As to markets that are included in the new regulatory framework but have not been approved yet, AGCOM is about to adopt final regulations. By next summer (2006) AGCOM will have completed the regulatory process which is under way throughout Europe, and once this is over the telecommunications regulatory framework will be substantially amended consistently with the targets of new EU rules and regulations that aim at fostering an open and competitive market for 114
electronic communications networks and services, developing the internal market and protecting European citizens’ interests. Access markets Access to the fixed public telephone line for residential (market no. 1) and non- residential customers (market no. 2). On 19 January 2006 AGCOM adopted Resolution no. 33/06/CONS which regulates retail markets for access to the fixed public telephone line, namely the market intended for residential customer and the market for non-residential customers (markets no. 1 and 2 among those identified by the European Commission Recommendation of 11 February 2003). Each market is composed of access services provided by analog (PSTN) and digital (ISDN) lines. Telecom Italia was identified as the dominant operator in the markets being analyzed. AGCOM confirmed in its resolution what had been laid down in the draft regulation notified to the European Commission and to the Antitrust Authority in October 2005 and on which both institutions had advised for. For end-user protection purposes, in its resolution AGCOM confirmed the implementation methods of the long-term price control system (the so-called “price cap”), and limited itself, at the most, to setting out unchanging prices for access services intended for residential users and the recovery of inflation for access services offered to non-residential users. AGCOM also imposed on Telecom Italia the obligations not to unfairly privilege some given end users and not to unduly unify the services offered. Thanks to the introduction of the WLR (Wholesale Line Rental) service on the market, this regulation will allow telecommunications operators to debit users, by a single bill, with all services they provide (including the subscription fee). Notably, AGCOM imposed on Telecom Italia the obligation to provide WLR at the stadi di linea (line stages) currently not opened to full unbundling and shared access services. This service shall be offered to competitors on transparent and non-discriminatory terms and the price shall be set by applying the retail minus methodology, the minus being set at 12%. In laying down the obligation to provide the WLR service, AGCOM pursued both the aim to guarantee end users the existence of a wide range of operators to choose their access service provider from, and the long-term aim to make competition grow among infrastructured operators. 115
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Communications Regulatory Authority
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1. THE COMMUNICATIONS SYSTEM IN THE
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But the fixed-mobile convergence is
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generation networks also make possi
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not only from the companies mention
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Figure 1.2. World telecommunication
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Figure 1.4. Hot spots in the world
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nine regions where it has concentra
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video channels, over 600 video-on-d
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Also with reference to the offering
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1.9.), the total number of broadban
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The supply of these services has al
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offered. In particular, an increasi
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Nelonen, Nokia, TeliaSonera, and YL
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• the purchase of Meteor, an Iris
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confirmed as the leading country in
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1.1.2. Audiovisuals The world telev
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On the other hand, satellite operat
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The structure of the national telev
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having the availability, on an excl
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Figure 1.16. Western Europe: breakd
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It is interesting to note that the
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undergo further acceleration in 200
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1.2. ITALY 1.2.1. Telecommunication
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Figure 2.4. Trend of consumer price
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The shift of traffic to mobile serv
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is a significant part of the consum
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Secondly, there has been an increas
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- “Smart” services characterise
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The growth did not live up to expec
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AGCOM’s regulatory intervention c
Page 63 and 64: Table 1.5. Market shares in mobile
Page 65 and 66: TV services might become the next k
Page 67 and 68: connections in the Italian market a
Page 69 and 70: mobility), as an alternative to oth
Page 71 and 72: DFREE Rete 4 Italia 1 Sport Italia
Page 73 and 74: Table 1.9. Resources breakdown of t
Page 75 and 76: In 2005, RTI holds a market share o
Page 77 and 78: Table 1.13. Audience of main nation
Page 79 and 80: Until now, such investments have be
Page 81 and 82: From the viewpoint of the economic
Page 83 and 84: The readers of this product are mos
Page 85 and 86: Table 1.20. Monti Group (Poligrafic
Page 87 and 88: TABLE 1 DAILY NEWSPAPERS: NATIONWID
Page 89 and 90: Il Centro Campanile Nuovo a r.l. Fi
Page 91 and 92: La Gazzetta di Taranto Società P.a
Page 93 and 94: Piccola s.c.r.l. Ore 12 Centro Stam
Page 95 and 96: L'avvisatore Marittimo L'avvisatore
Page 97 and 98: Messaggero del Lunedì Editoriale F
Page 99 and 100: Leggo Sigma Editoriale s.p.a. 154,1
Page 101 and 102: La Gazzetta di Lecce Società P.a.
Page 103 and 104: Table 1.23. Advertising investments
Page 105 and 106: eached 3%. Television stands out as
Page 107 and 108: Table 1.30. Percentage breakdown of
Page 109 and 110: Table 1.33. Percentage breakdown of
Page 111 and 112: Surcharged services By decree of th
Page 113: 2. ACTIONS UNDERTAKEN BY AGCOM 113
Page 117 and 118: an 1PC-4.75% reduction restriction
Page 119 and 120: Markets for fixed calls over the pu
Page 121 and 122: AGCOM confirmed the position set fo
Page 123 and 124: eference offers relating to the 200
Page 125 and 126: With this measure AGCOM has then re
Page 127 and 128: data for the purpose of assembling
Page 129 and 130: termination on single mobile networ
Page 131 and 132: when foreign mobile operators’ us
Page 133 and 134: analyzing any possible regulatory o
Page 135 and 136: calculation, with regard to 2003 an
Page 137 and 138: The same supervisory action was car
Page 139 and 140: price-cap system on these services,
Page 141 and 142: Fixed-to-mobile (retention) -19.2 -
Page 143 and 144: up in cutting rates at that time, a
Page 145 and 146: according to the termination operat
Page 147 and 148: Rate ceiling supplement for the pro
Page 149 and 150: handset use restrictions when the S
Page 151 and 152: Mobile television services In 2005,
Page 153 and 154: undertakings with a significant mar
Page 155 and 156: Resolution no. 11/06/CIR allows VoI
Page 157 and 158: message advertising of the rate cha
Page 159 and 160: TELECOM ITALIA/VODAFONE Pending INF
Page 161 and 162: order areas and entering into the r
Page 163 and 164: After describing digital terrestria
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The first activity implemented by t
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and rights, and of a person’s dig
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Provisions relating to dominant pos
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In order to make the above-mentione
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In this context, AGCOM issued 7 ord
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subscribers without necessarily imp
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In this connection it should be hig
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LA7 TELEVISIONI s.p.a. La7 terr. 55
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March 2000, which regulates the iss
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technical restrictions for the need
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Misleading advertising Under articl
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AGCOM also explained that the absol
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The third area relating to children
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- 5 were due to the breach of artic
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Publishing Sound and/or television
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2.11. RELATIONS WITH CONSUMERS AND
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AGCOM enacted regulations for the s
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Activation of unwanted services 1,0
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WIND CPS 173 WIND Unwanted tariff p
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As a matter of fact, the high numbe
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stage hearings resulted in 43 petit
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virtue of the provisions under arti
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With Resolution no. 417/04/CONS set
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In the timeframe between 1 May 2005
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In 2 of the latter cases the insert
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3. AGCOM’S INSTITUTIONAL RELATION
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First of all, the year 2005 registe
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ears witness to the appreciation of
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Audiovisuals As for the audiovisual
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audiovisual and telecommunications
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Administrations, diplomatic represe
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Around 60 inspection union document
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systems C/7069 Acquisition of a cor
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adio broadcasting system s.c.r.l. C
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is even more appropriate in the cur
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The delegation concerning the prote
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Table 3.3. Implementation of the de
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with the associations of reference
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During 2005, the Special Unit also
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4. Governance structure 243
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Figure 4.1 4.1. AGCOM’s governing
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President’s Cabinet Guido Stazi D
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with the institutional actions to s
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achievement of the objectives set b
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for conflict of interests), € 22,
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in the economic, legal, sociologica
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Measures to guarantee rights of end
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DECT .............Digital Enhanced
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MVAS .............Mobile Value Adde
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Communications Regulatory Authority

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