Communications Regulatory Authority

In this connection it should be highlighted that the extension of the reserve
obligation in favour of independent producers’ works to all broadcasters had
specifically been requested by the European Commission for the purpose of
bringing the Italian legislative framework in line with the “Television without
frontiers” European directive. As a matter of fact, European regulations do not make
the (all-Italian) distinction between holders of a licence issued in Italy by the
Ministry of Communications (to broadcasters which use analog terrrestrial
frequencies) and holders of an authorization, issued either by the same Ministry (to
broadcasters broadcasting on cable or digital terrestrial frequencies) or by the
Communications Regulatory Authority (to broadcasters which use satellite
frequencies), and apply the same obligations to all national broadcasters.
Compared to law no. 122/98, another innovation introduced by article 6 of the
Consolidation Act is the adoption of the provision by which AGCOM laid down the
instrument of derogation with regard to thematic channels, namely article 5 3 of the
regulations passed with Resolution no. 9 of 16 March 2006. The reference made by
article 6 of the Consolidation Act to article 5 of said regulations dispels all doubts as
to said resolution still being in force.
As far as AGCOM’s supervisory and monitoring action is concerned with regard
to compliance with programming obligations it should be highlighted that, in
compliance with the provision under articles 4 and 5 of the “Television without
frontiers” Directive, AGCOM submitted to the European Commission its scheduled
biennial report and attached tables showing percentages of European works,
independent producers’ work and recent works broadcasted by Italian broadcasters
in the years 2003 and 2004.
The following tables are also on display together with the report published on
the European Commission web site. It should also be pointed out that, as data
included in the tables mainly derive from the IES, the “Informativa Economica di
Sistema” (the Media and Communications Industry Database), those relating to
compliance with 2005 programming obligations will be available as soon as
broadcasters submit their IES for the year 2006.
For data to be correctly understood it should be pointed out that, as the
Consolidation Act was adopted in Italy in July 2005, in the 2003-2004 two-year
period non-licensee broadcasters were still exempt from the obligation to schedule
independent producers’ works, so that wherever a percentage was not available the
relevant cell reads “Exempt”.
Lastly, it should be pointed out that the Consolidation Act confirmed the original
provisions set out in law no. 122/98, consequently requiring broadcasters and
3 Article 5 of Resolution 9/99 states: “Each individual thematic channel can apply to AGCOM and duly
set forth their reasons for a total or partial derogation to the investment and broadcasting reserve
obligations as set out in these regulations”.
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