Communications Regulatory Authority

Table 2.13. Parties, subject-matter and proceedings stage of disputes involving the single satellite
platform
Parties to the dispute Subject of the case Proceedings stage
CLASS FINANCIAL NET- Access to the platform Dispute settlement
WORK/ SKY ITALIA
GIOCO CALCIO/ SKY ITALIA Access to the platform Dispute settlement
TISCALI/ SKY ITALIA Wholesale premium offer Settlement attempt
DIGITAL WORLD TELEVISION/ SKY Access to the platform Settlement attempt
ITALIA
TELECOM ITALIA/ SKY ITALIA Wholesale premium offer Settlement attempt
EDI ON WEB/ SKY ITALIA Access to the platform Dispute settlement
Source: data processed by AGCOM
In particular, the following specific issues were the subject of disputes concerning
access to the satellite platform:
a) the position in the platform channel line-up (Class Financial Network/Sky Italia
case)
b) the cost calculation and allocation method applied by Sky Italia for the provision
of technical services (Gioco Calcio/Sky Italia case);
c) the cost of technical access services (Digital World Television/Sky Italia case);
d) the simulcrypt agreement (Edi On Web/Sky Italia case).
In the first two cases AGCOM settled the dispute by issuing a nonsuit resolution as,
following the negative outcome of the settlement attempt and the start of the final
settlement phase, the parties came to a settlement agreement, so removing the matter
under dispute.
In the Digital World Television case the settlement attempt ended with a report of
failed agreement between the parties, without a subsequent settlement petition being
lodged.
In the case filed by Edi On Web, relating to the simulcrypt agreement mode by
which Sky Italia is bound under paragraph 11.8. of the commitments, AGCOM settled
the dispute by a binding agreement (Resolution no. 126/06/CONS).
In the Edi On Web case this undertaking, which broadcasts the “Conto Tv” television
channel by a conditional access system (CAS) different from that used by Sky Italia,
requested that a simulcrypt agreement be imposed in order to cause both CAS systems
to be interoperable, for Edi On Web to be able to offer their own services to Sky Italia
users, while allowing Sky Italia’s offer to be accessible also by Edi On Web users
which do not own the single platform set top box.
AGCOM settled the dispute by deciding that, in this specific case, such an
agreement is in compliance with the reasonableness and fairness criteria pursuant to the
EU decision, as it ensures Edi On Web to be able to sell their services to Sky Italia
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