Communications Regulatory Authority

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though due to an appeal lodged with the Administrative Court, the effect of these particular provisions has currently been suspended (see par. 2.12.). The method of insertion of single advertisements within football games, as previously regulated by article 4, paragraph 5 of aforementioned Resolution 538/01/CSP, was also modified so that a maximum number of six single advertisements may now be aired within both halves a game is composed of (Resolution no. 105/05/CSP, published in the Official Journal of the Italian Republic no. 196 of 24 August and in the Official Journal no. 202 of 31 August 2005, amending Resolution no. 538/01/CSP). Law no. 37 of 6 February 2006, published in the Official Journal no. 38 of 15 February 2006, introduced some changes to the Consolidation Act as regards advertising, thereby repealing the sanction for the use of children under 14 in advertising, and regulating broadcasting methods relating to advertisements of alcoholic drinks (see par. 1.2.6.). Advertising aspects which fall within the scope of AGCOM’s supervisory action can be summarized as follows: • calculation of televised advertising minutage; • placement of televised advertising events; • guaranteeing users as to the advertising content; • public bodies’ investments in advertising. Both quantitative (i.e. regarding minutage) and qualitative controls are then carried out by this <strong>Authority</strong> as regards the content of some advertisements. Television and radio advertising The supervisory action with respect to advertisements aired by television broadcasters is carried out by inspecting the programming of: • national radio and television licensees: - through a systematic monitoring of the entire programming schedule aired by broadcasters, by recording programmes and subsequently analysing and classifying the various advertising events transmitted during each televised day; • local radio and television broadcasters: - As it is not possible to carry out a systematic monitoring due to the very high number of local broadcasters, which would involve huge costs and 182
technical restrictions for the need to receive and collect all signals aired by multiple survey stations, either a sampling monitoring or surveys following notifications by private residents, associations, broadcasters, etc. are carried out; • Satellite broadcasters: - With the same approach followed for local broadcasters, a sample monitoring is carried out in this case too, mostly owing to technical restrictions (presence of a wide and different range of receiving equipment, such as antennas and receivers with different coding). The following table shows the progress of supervisory and sanctioning actions concerning television advertising, in the light of the current classification of infringements following amendments introduced by the regulations revised over the past year, with reference to complaints submitted between May 2005 and April 2006. Table 2.16. Progress of supervisory and sanctioning actions relating to television advertising aired by national television broadcasters Infringement No. of inspections Measures Measure no.and classification carried out adopted Broadcaster amount of the sanction Italia 1 Notif./01/06/DICAM 1. Minutage 19 3 notifications Rete 4 Notif./02/06/DICAM Canale 5 Notif./03/06/DICAM Rai 1 Res. 08/06/CSP 3 invitations to perform Rete 4 Res. 09/06/CSP 2. Breaks in sports games 21 Rai 2 Res. 10/06/CSP in order to broadcast single ads Sportitalia Res. 11/06/CSP La 7 Res. 44/06/CSP 5 cases dismissed Rai 3 Res. 45/06/CSP Canale 5 Res. 59/06/CSP Italia 1 Res. 60/06/CSP Res. 67/06/CSP Rete 4 (€ 15,000.00) 2 injunctions Italia 1 Res. 68/06/CSP 3. Breaks in musical, drama 9 (€ 35,000.00) and audiovisual works 1 invitation to perform La 7 Res. 89/05/CSP 1 invitation to perform Sportitalia Res. 163/05/CSP 4. Intervals between 9 consecutive advertising breaks La 7 Notif. /79/05/DGC 2 notifications Canale 5 Notif. /44/05/DGC 2 invitations to perform Sportitalia Res. 125/05/CSP 5. Breaks in programmes 7 Italia 1 Res. 57/06/CSP lasting less than 30 minutes 1 case dismissed Rai 2 Res. 43/06/CSP 6. Cartoon characters used in ads Italia 1 Res. 46/06/CSP aired either before or after 2 2 cases dismissed Rai 2 Res. 47/06/CSP 183
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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
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AGCOM confirmed the position set fo
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eference offers relating to the 200
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With this measure AGCOM has then re
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data for the purpose of assembling
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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 and 172: In order to make the above-mentione
Page 173 and 174: In this context, AGCOM issued 7 ord
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: March 2000, which regulates the iss
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
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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
Page 223 and 224: audiovisual and telecommunications
Page 225 and 226: Administrations, diplomatic represe
Page 227 and 228: Around 60 inspection union document
Page 229 and 230: systems C/7069 Acquisition of a cor
Page 231 and 232: 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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