Communications Regulatory Authority

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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. 172
In this context, AGCOM issued 7 order-injunction measures in the reference period, following the failure to comply with invitations to perform. 5 orders-injunctions were related to the correct keeping of the register of broadcasted programmes and respectively concerned the following broadcasters: “Radio Onda Blu” (Resolution no. 85/05/CSP), on which a € 1,032.00 fine was inflicted; “Videoesse” (Resolution no. 135/05/CSP), on which a € 516.00 fine was inflicted; “Radio Jolly” (Resolution no. 2/06/CSP), which was inflicted a € 1,032.00 fine; “TV Oggi” (Resolution no. 3/06/CSP), which was inflicted a € 516.00 fine; “Radio Gela” (Resolution no. 39/06/CSP), which was inflicted a € 2,064.00 fine. One order-injunction concerned interconnection, while another concerned the programming duration. The former affected “Radio Enterprise” (Resolution no. 148/05/CSP), on which AGCOM inflicted a € 3,096.00 fine, while the latter affected “Radio Stella” (Resolution no. 149/05/CSP), on which a € 3,096.00 fine was inflicted. AGCOM dismissed 29 cases relating to register-keeping and recording keeping, 9 of which had been preceded by invitations to perform, while 5 cases were dismissed because deadlines had elapsed due to the lack of Collegiate Bodies following the end of the first term of office of AGCOM’s bodies. Moreover, 8 invitations to perform were issued under article 31, paragraph 1 of law no. 223 of 6 August 1990, and just one case was dismissed through administrative channels. Finally, AGCOM initiated 7 proceedings and notified a charge relating to the breach of paragraphs 4 and 5 of article 20 of law no. 223 of 6 August 1990, with regard to the obligations to keep a programme register and programmes recordings. Dispute settlement involving the single satellite platform AGCOM carries out the settlement action with regard to disputes arising from the implementation of commitments attached to decision M. 2876 of 2 April 2003, by which the European Commission authorized the Stream-Telepiù merger Sky Italia originated from. In particular, in the May 2005-April 2006 period 6 disputes between operators were dealt with: in 3 cases the procedure ended with a settlement attempt, while in 3 other cases the dispute was settled. Four disputes concerned access to the satellite platform, in whose respect paragraph 11 of the above-mentioned commitments lays down specific obligations for Sky Italia for the purpose of assuring the provision of technical services required by competitors for them to be able to deliver their commercial offer to end users. Two cases concerned Sky Italia’s obligation, pursuant to paragraph 10 of the commitments, to submit a wholesale offer of packages and premium channels delivered to their subscribers. 173
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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
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Table 1.30. Percentage breakdown of
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Table 1.33. Percentage breakdown of
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Surcharged services By decree of th
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2. ACTIONS UNDERTAKEN BY AGCOM 113
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electronic communications networks
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an 1PC-4.75% reduction restriction
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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 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: In order to make the above-mentione
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
Page 193 and 194: Publishing Sound and/or television
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
Page 209 and 210: With Resolution no. 417/04/CONS set
Page 211 and 212: In the timeframe between 1 May 2005
Page 213 and 214: In 2 of the latter cases the insert
Page 215 and 216: 3. AGCOM’S INSTITUTIONAL RELATION
Page 217 and 218: First of all, the year 2005 registe
Page 219 and 220: ears witness to the appreciation of
Page 221 and 222: 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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