Communications Regulatory Authority

subscribers without necessarily imposing on Sky Italia to make their commercial offer
accessible on an alternative technical platform. At the same time, pursuant to the
resolution, Sky Italia shall not apply to the simulcrypt agreement any contractual and
pricing terms outside its subject-matter, and shall offer access services on fair,
transparent, non-discriminatory and cost-oriented terms.
With regard to disputes involving the implementation of obligations regarding
the wholesale premium offer, in both cases, in addition to pricing terms and calculation
methods - in whose respect proceedings resulted in the settlement of the Ebismedia/Sky
Italia case (Resolution no. 360/04/CONS) - the subject-matter included the setting out
of some contractual terms (Telecom Italia/Sky Italia) and technical inspections on the
ADSL broadcasting platform (Tiscali/Sky Italia).
Both cases ended with a settlement, and in particular in the Telecom Italia/Sky
Italia dispute the parties came to a commercial agreement.
As to the settlement of disputes involving users of the satellite platform, proceedings
that were initiated did not result in a binding agreement as the operator spontaneously
met consumers’ requests and needs.
Other types of violations in the audiovisual sector
The sanctioning action carried out by AGCOM in the reference period with regard
to the breach of audiovisual regulations led to the issuance of 15 measures regarding the
following:
• the failure to submit, according to prescribed deadlines and methods, data and
information requested by AGCOM during preliminary investigations regarding
surveys (article 1, paragraph 30, law no. 249/97, and article 3, Resolution no.
153/02/CSP of 25 July 2002); in detail this concerned 5 cased dismissed
following a cash settlement of € 1,032.00;
• the failure to submit, according to prescribed deadlines and methods, data and
information requested by AGCOM during preliminary investigations regarding
the organization and keeping of the Register of communications operators, as
notices concerning the transfer of stocks of holding shares of Partecipazioni
Industriali s.p.a., in a case, and of RCS MediaGroup s.p.a. in seven cases, had
not been received within the prescribed deadlines (article 1, paragraph 30, law
no. 249/97, and article 22, Resolution no 236/01/CONS); in particular, AGCOM
adopted 8 dismissal measures following a cash settlement of € 1,032.00;
• the failure to submit, according to prescribed deadlines and methods, data and
information requested by AGCOM during preliminary investigations relating to
provisions laid down in article 6, paragraphs 1 and 2 of Resolution no.
127/00/CONS, as amended by Resolution no. 289/01/CONS, with respect to the
failure to submit the receipt certifying payment of the fee supplement due for the
investigation related to the authorization to broadcast the programme called
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