Communications Regulatory Authority

with Resolution no. 136/05/CONS, the “policy provision” provides for the need to
“identify such mechanisms as can make the 40% transfer of broadcasting capacity to
independent undertakings an effective and substantial one, as regards transparency of
imposed terms and the selection of the contracting parties, in order to strengthen
pluralism and competition”.
To that end, a measure might be adopted to further set out the obligation to
reserve some broadcasting capacity for independent content providers, within the 40%
share of broadcasting capacity of digital terrestrial networks. In particular, AGCOM
explained its intention to set out and handle a competitive procedure for a minimum
channel line-up to be guaranteed all over the country.
The “policy provision” also outlines the content of adoptable measures, and
identifies transparency, equal treatment and cost-orientation of the terms and conditions
of offer as proportional obligations to that end. Such terms will be adequately
advertised, as they shall be disclosed to the market through a reference offer. In the
framework of this range of guarantees, AGCOM shall also verify that undertakings
adopt a cost accounting system in line with regulatory obligations. For these strategic
objectives to be implemented, the “policy provision” provides for the possibility,
among other things, to activate the measure revision clause pursuant to Resolution no.
136/05/CONS.
Network access guarantees were then the underlying theme of the action carried
out by AGCOM over the past year in order to protect competition and pluralism. This
market’s competitive value was also confirmed by the latest assessments. In this
connection, suffice it to mention the analysis of the market for radio and television
broadcasting services for the broadcasting of content to end users (the so-called “market
no. 18”), in whose context – pending proceedings - AGCOM identified a collective
dominance position involving RAI and RTI, with regard to the national market for
analog television broadcasting services on terrestrial networks (see par. 2.1.).
Licensees’ programming obligations
In the framework of the sanctioning action carried out by AGCOM following
complaints, mention is briefly made of the following four categories of relevant
programming obligations:
1. programme register keeping;
2. programme recording keeping;
3. interconnection;
4. programming duration.
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