Communications Regulatory Authority

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egulations by telecommunications and Internet operators are concisely listed in the following table. Table 2.11. Regulations involved and number of sanctioning measures adopted in connection with the breach of current electronic communications provisions Regulation Reduced-fine payments Orders / Injunctions Dismissals Article 2(2)(c) of Law no. 481/95 14 5 1 Article 98(9) of Leg.Dec. no. 259/03 4 2 1 Article 98(11) of Leg.Dec. no. 259/03 3 2 - Article 98(13) of Leg.Dec. no. 259/03 3 - - Article 98(16) of Leg.Dec. no. 259/03 3 - - Article 1(31) of Law no. 249/97 - - Total 27 9 2 Source: data processed by AGCOM Settlement of disputes between electronic communications operators In the May 2005-April 2006 period AGCOM handled the settlement of 17 disputes arisen between electronic communications operators. Compared to the previous year a slight increase was reported in the number of initiated proceedings, as well as more complexity in disputes brought to AGCOM’s notice. Disputes actually involved matters of special significance, such as termination rates from mobile and fixed lines; unbundled access users’ transfer procedures; the interconnection price list for access to “12xy” numbers; implementation of portability procedures for numbers in the mobile sector; discontinuance of the carrier pre-selection service; unbundled access to connections of the shared-access copper distribution network; call forwarding service rates, from mobile phones to geographic numbers. Undertakings involved in dispute-settlement cases and the relevant outcome are listed in the following table. Table 2.12 Settlement of disputes between electronic communications operators Parties Outcome MULTIWIRE.NET / TELECOM ITALIA Successful MULTIWIRE.NET / TELECOM ITALIA Pending WIND/TIM Successful WIND/VODAFONE Successful TISCALI/TELECOM ITALIA Pending DIGITEL ITALIA/EUTELIA Successful TELECOM ITALIA/WIND Pending TELECOM ITALIA/FASTWEB Pending H3G/VODAFONE Successful E-VIA/TISCALI Successful TELECOM ITALIA/WIND Pending TELECOM ITALIA/H3G Pending 158
TELECOM ITALIA/VODAFONE Pending INFOTEL/WIND Pending TELEGATE ITALIA/TELECOM ITALIA Pending FASTWEB/TELECOM ITALIA Pending WELCOME ITALIA/TELECOM ITALIA Pending Source: data processed by AGCOM. Petitioners have often requested the adoption of such measures by AGCOM as to settle the dispute by binding agreements and have a regulatory value. More and more significant is then the trend to use the dispute-settlement function as the occasion to better set out those regulatory aspects which, when implemented and in the light of the sector’s technical and commercial evolutions, require to be more precisely specified (the so-called “regulation by disputation”). In handling proceedings, the opportunity arouse also to explain some procedural aspects ensuing from the implementation of article 23 of the Code of Electronic <strong>Communications</strong>, with special reference to dispute-settlement deadlines, the inclusion of arbitration clauses within contracts between operators, and the possibility for the latter to have recourse to jurisdictional bodies. As a matter of fact, AGCOM believes that the expiry of the four-month deadline, as laid down in paragraph 1 of article 23 above, does not affect AGCOM’s power to settle the dispute, without prejudice to the operators’ possibility to have recourse to the jurisdictional body. 2.6. TELEVISION As far as the radio and television sector is concerned, from a regulatory viewpoint the year 2005 was characterized by the entry into force of the radio and television Consolidation Act (see. par. 1.2.6.) which, while being essentially a compilation work aimed at an official coordination of current rules and regulations governing the radio and television sector, has strongly affected AGCOM’s regulatory, supervisory and sanctioning actions. Digital terrestrial television With regard to the actions carried out in the context of the development of the digital terrestrial television, in the reference period AGCOM passed, with Resolution no. 163/06/CONS, an policy provision which provides for the implementation of an action plan aimed at encouraging a functional use of frequencies intended for radio and television services, in view of the changeover to the digital technique. Besides requiring that current regulations governing digital terrestrial television under Resolution no. 435/01/CONS be revised in accordance with the adoption of criteria making the 40% transfer of the broadcasting capacity, as provided for by law no. 66/01, an actual and substantial fact, up to the full implementation of the national frequency allocation plan, this action plan sets out some guidelines that involve the 159
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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
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The readers of this product are mos
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Table 1.20. Monti Group (Poligrafic
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TABLE 1 DAILY NEWSPAPERS: NATIONWID
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Il Centro Campanile Nuovo a r.l. Fi
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La Gazzetta di Taranto Società P.a
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Piccola s.c.r.l. Ore 12 Centro Stam
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L'avvisatore Marittimo L'avvisatore
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Messaggero del Lunedì Editoriale F
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Leggo Sigma Editoriale s.p.a. 154,1
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La Gazzetta di Lecce Società P.a.
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Table 1.23. Advertising investments
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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 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: message advertising of the rate cha
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
Page 185 and 186: Misleading advertising Under articl
Page 187 and 188: AGCOM also explained that the absol
Page 189 and 190: The third area relating to children
Page 191 and 192: - 5 were due to the breach of artic
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Page 195 and 196: 2.11. RELATIONS WITH CONSUMERS AND
Page 197 and 198: AGCOM enacted regulations for the s
Page 199 and 200: Activation of unwanted services 1,0
Page 201 and 202: WIND CPS 173 WIND Unwanted tariff p
Page 203 and 204: As a matter of fact, the high numbe
Page 205 and 206: stage hearings resulted in 43 petit
Page 207 and 208: 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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