Communications Regulatory Authority

In order to make the above-mentioned provision an effective one, with
Resolution no. 264/05/CONS 2 AGCOM set out the minimum qualifications required in
order to identify independent content providers for which both RAI and RTI shall
reserve a share of their broadcasting capacity.
In the first place, this resolution identified independent content providers in terms of
owners’ structure, by defining them as broadcasters of programme schedules intended
for digital terrestrial television in a national context, which shall not have a control or
subsidiary relationship with RAI and/or RTI, nor shall they be directly or indirectly
related to these undertakings. In terms of content, undertakings being reserved a share
of broadcasting capacity shall fashion their programme schedule on pluralism and
objectivity principles and offer such widespread genres as to meet the tastes of different
viewers’ categories.
Content providers offer appealing programmes in terms of audience and advertising
investment capacity; such a programme schedule shall then be oriented to the following
genres:
• quality entertainment programmes, valued sporting, social, cultural, and musical
events;
• popular programmes of general interest, refresher programmes and programmes
where in-depth analyses are carried out on scientific, cultural, historic, and
musical subjects;
• fictional programmes, TV films, serials, mini-serials and feature films;
programmes for children and teenagers.
From the point of view of pricing terms RAI and RTI shall offer their broadcasting
capacity on fair, transparent and non-discriminatory terms. To that end, they shall
guarantee fair information to the potential interested parties, as well as equal treatment
with regard to the technical and pricing terms of offer of the broadcasting capacity.
However, it should be pointed out that, to date, these actions have not yet resulted in
the access to broadcasting networks by content providers identified by Resolution no.
264/05/CONS, and the analysis of the regulatory impact has then highlighted a defect of
effectiveness in the adopted measures. AGCOM took account of this consideration in
the framework of the “policy provision” (policy provision) approved with Resolution
no. 163/06/CONS.
This decision (see below) involves an action plan aimed at promoting a functional
and pluralist use of frequencies intended for radio and television services, in view of the
changeover to the digital technique. In particular, to complete the action undertaken
2 Among the grounds added to the appeal lodged against Resolution no. 136/05/CONS, RAI also
requested the quashing of Resolution no. 264/05/CONS. The judgement is currently pending.
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