Communications Regulatory Authority

- the obligation to allocate to independent content providers a share within
40% of the broadcasting capacity of digital terrestrial networks, as set
out in article 2 b, paragraph 1, fifth sentence, of law no. 66/01;
• with respect to RTI:
- the obligation to use, according to the schedule set out in Resolution no.
136/05/CONS, an advertising licensee different from Publitalia for
advertising investments relating to digital terrestrial broadcasts different
from simulcast;
- the prohibition to broadcast advertisements in the context of digital
terrestrial television broadcasts different from simulcast to an extent
above 12% of each hour from 30 June 2005 to 31 December 2006;
• with respect to RAI:
- the obligation to help spread the digital terrestrial technology by means
of a new generalist programme, to be audience-appealing and
advertisement-free on digital terrestrial networks;
• with respect to Publitalia:
- the obligation to apply (until the provision is implemented which
requires RTI to use an advertising licensee different from Publitalia for
advertising investments relating to digital terrestrial broadcasts different
from simulcast) the accounting separation between advertising
investments relating to analog networks and those relating to digital
terrestrial networks;
- the obligation to apply transparent, fair and non-discriminatory terms to
the sale of advertising space, and to highlight separately any discounts
allowed on individual products.
In particular, as far as network access is concerned, AGCOM considered that, in
order to affect the development of pluralism, it would be useful to set out a share of
broadcasting capacity to be transferred to independent content providers whose
programme schedule is suitable to diversify the allocation of advertising resources,
especially if such broadcasters are particularly appealing in terms of audience.
To that end, AGCOM decided to extend in time the applicability of the provision
set forth in article 2 b of law no. 66/01, according to which “any undertaking which
holds more than one television licence shall devote, in each block of digitally
broadcasted programmes and services, equal opportunities and in any case at least 40%
of the broadcasting capacity of said block of programmes and services, under fair,
transparent and non-discriminatory terms, for the testing by other parties which shall not
be parent, subsidiary or affiliated companies”.
Such reservation obligation, to be valid, pursuant to the law, in the framework of
the testing phase involving digital terrestrial television broadcasting, was extended, with
respect to RAI and RTI, by Resolution no.136/05/CONS until full implementation of
the national digital frequency allocation plan.
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