Communications Regulatory Authority

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which characterizes the analog sector could possibly occur also in the digital sector in the future. Lastly, the document submitted to consultation also analyzed the competitive situation of the national market for radio broadcasting services on the analog terrestrial platform, and excluded the existence of any forms of dominance in this market. Radio broadcasters in operation are in large numbers and hold market shares consistent with the limits set out in the European Commission guidelines. The market is characterized by a satisfactory level of present and potential competition, as access by new undertakings is also possible. In late March 2006 AGCOM called a hearing of undertakings which had applied for it in order to set forth their remarks with respect to the draft regulation. In total 14 statements relating to the consultation were submitted by 15 undertakings and 9 undertakings were heard. Operators’ remarks with respect to the document submitted to public consultation are currently being summarized, together with AGCOM’s considerations in this respect, while a relevant draft measure is being set out. 2.2. FIXED LINES With respect to issues involving fixed lines in 2005 AGCOM carried out its regulatory, supervisory and sanctioning actions, along with activities related to market analyses, in compliance with the current regulatory framework. In particular, in the May 2005 – April 2006 period, AGCOM’s actions covered the following areas: • auditing of notified fixed and mobile network operators’ regulatory accounting; • auditing of Telecom Italia Universal Service net cost; • directory inquiry service numbers; • analysis of the terms and conditions of service provision to the public offered by Telecom Italia through their general price list; • analysis of the terms and conditions of service provision to the public offered by Telecom Italia through discounted packages and special offers; • rate ceiling supplement for the provision of services related to special numbers; • allocation of number resources to the Ministry of Equal Opportunities of the Council of Ministers. Auditing of notified fixed and mobile network operators’ regulatory accounting In 2005 AGCOM completed tendering procedures and entrusted the audit of notified fixed and mobile network operators’ regulatory accounting, with regard to accounting periods 2002-2004, as well as the audit of the universal service net cost 134
calculation, with regard to 2003 and 2004, respectively to Mazars&Guerard and to Europe Economics. In December 2005 procedures were also initiated for the purpose of carrying out the cost accounting audit relating to TIM’s and Vodafone’s mobile termination service. For the first time the audit is also going to cover the mobile termination service, to be assessed according to current costs pursuant to guidelines passed by AGCOM with Resolution no. 399/02/CONS. TIM’s and Vodafone’s cost accountings relating to accounting periods 2002- 2004, to be assessed according to current costs and also according to historical costs, are consequently being audited by Mazars&Guerard. This firm has also been entrusted by AGCOM with the task of auditing the cost accounting and accounting separation with regard to fixed-line services offered by Telecom Italia during accounting periods 2002- 2004. In December 2005 Telecom Italia and Mazars&Guerard were involved in the start of procedures relating to the regulatory accounting audit. In this case too, pursuant to Resolutions no. 399/02/CONS and no. 152/02/CONS, within the regulatory accounting the increase in value of depreciations as well as that of the invested capital shall be based both on historical costs and on current costs. Auditing of Telecom Italia universal service net cost In the framework of the preliminary investigation concerning the applicability of the universal service net cost apportionment system and its assessment for 2003, Europe Economics, in its capacity as the independent organization entrusted by AGCOM under article 62 of the Code of Electronic <strong>Communications</strong>, has completed its auditing of the net cost calculation submitted by Telecom Italia, the universal service provider. AGCOM is then about to undertake a public consultation aimed at gathering market operators’ remarks with regard to the outcome of the audit carried out by Europe Economics. In late 2005 AGCOM started a preliminary investigation on the applicability of the apportionment and assessment system intended to handle the net cost incurred by Telecom Italia in 2004. Within this framework AGCOM requested from market operators information and data on costs and revenues pursuant to Annex 11 of the Code of Electronic <strong>Communications</strong>, in order to assess, on one hand, the level of competition achieved in telecommunications markets and, on the other hand, the fund contribution fees due by each operator. In the light of such data, and taking account of the competitive level reached in the markets, AGCOM established the injustice of the net 135
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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
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Table 1.5. Market shares in mobile
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TV services might become the next k
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connections in the Italian market a
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mobility), as an alternative to oth
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DFREE Rete 4 Italia 1 Sport Italia
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Table 1.9. Resources breakdown of t
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In 2005, RTI holds a market share o
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Table 1.13. Audience of main nation
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Until now, such investments have be
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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 and 114: 2. ACTIONS UNDERTAKEN BY AGCOM 113
Page 115 and 116: electronic communications networks
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: analyzing any possible regulatory o
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
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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
Page 165 and 166: The first activity implemented by t
Page 167 and 168: and rights, and of a person’s dig
Page 169 and 170: Provisions relating to dominant pos
Page 171 and 172: In order to make the above-mentione
Page 173 and 174: In this context, AGCOM issued 7 ord
Page 175 and 176: subscribers without necessarily imp
Page 177 and 178: In this connection it should be hig
Page 179 and 180: LA7 TELEVISIONI s.p.a. La7 terr. 55
Page 181 and 182: March 2000, which regulates the iss
Page 183 and 184: 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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