Communications Regulatory Authority

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the cartoon programme 7. The host of a programme presenting a teleshopping window in the same setting as the programme - - Rai 2 Res. 5/06/CSP (€ 15,000.00) 2 injunctions Rai 1 Res. 6/06/CSP 8. Recognizability of 5 (€ 25,000.00) advertisements as such 1 case dismissed Italia 1 Res. 4/06/CSP 1 notification Canale 5 Notif./78/05/DGC 9. Advertisements of 3 - alcoholic drinks Total 75 26 In the reference period 4 proceedings concerning local radio and television broadcasters were concluded, respectively with the following measures: an orderinjunction imposing payment of a € 3,096.00 fine on “Radio Onda Blu” (Resolution no. 84/05/CSP); one case concerning minutage being 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; and two cases being dismissed, which were related to non-marked advertisements. A case gave rise to the issuance of an invitation to perform regarding minutage, and is currently pending. Lastly, 3 cases were dismissed through administrative channels. Advertising concerning public bodies Following the failure by some Italian Provinces to submit, according to deadlines and methods as required by AGCOM, statements setting forth advertising expenditures relating to 2004 (article 41 of the Consolidation Act, totally reproducing article 7, paragraph 12, of law no. 112 of 3 May 2004, setting out the failure to notify the amounts spent for the purchase of space on mass media for institutional advertising purposes), 44 sanctioning proceedings were initiated in the reference year. In 18 cases Provinces had recourse to their right to a reduced payment (i.e. a cash settlement) under article 18 of law no. 689 of 24 November 1981, consequently paying € 1,733.00, a sum equal to one third of the maximum fine prescribed for the violation committed. These provinces are: Ancona, Ascoli Piceno, Bergamo, Chieti, Ferrara, l’Aquila, Latina, Mantua, Novara, Oristano, Pescara, Potenza, Ragusa, Siena, Siracusa, Turin, Alessandria and Vercelli. Six proceedings involving Biella, Como, Enna, Modena, Piacenza and Vibo Valentia Provinces were closed by dismissing the case. 184
Misleading advertising Under article 7, paragraph 5 of legislative decree no. 74 of 25 January 1992, as amended by legislative decree no. 67 of 25 February 200, and as entirely replaced by article 26, paragraph 5 of legislative decree no. 206 of 6 September 2005 setting forth the “Code of consumption”, when an advertisement was or is going to be published in the periodical or daily press or aired on the radio or television or by any other media, before holding an advertisement to be misleading or a comparative advertisement to be illegal, the Italian Antitrust Authority shall request a mandatory, though non-binding, opinion to the Communications Regulatory Authority, which shall issue it no later than thirty days since the date the request was received. In the reference period AGCOM issued 185 opinions, 87 of which were related to advertisements published in the periodical and daily press, 39 involved advertisements aired on radio and television, and 86 involved advertisements conveyed by other media. 21 advertisements which were the object of opinions had been conveyed by several media, while an increasing number of complaints was reported in connection with advertisements circulated on the Internet (77 complaints), in line with this medium being increasingly used by an even larger number of consumers of different social and cultural backgrounds. As a consequence, a distinction was drawn with respect to the alleged reference target of advertisements reported, according to the type of web site and their relevant access by search engines. Two opinions relating to non-marked advertisements aired on television were the starting point to initiate two sanctioning proceedings against broadcasters (Italia 1 and Canale 5) for breach of provisions set forth in the Consolidation Act and in the regulations on radio and television advertising and teleshopping. 2.8. POLLS AGCOM’s supervisory action with regard to polls involves, in the first place, analysing methods by which polls are disclosed to the public, and verifying that, when a poll outcome is made public, a fact sheet containing all information on survey populations and methods is also published/aired by the mass media involved. Inspections are also aimed at ascertaining compliance with the obligation both to make the full “survey report” available, with regard to polls published or aired to the public, and to set forth exactly the methods adopted to carry out the poll, the significance and limitations of the outcome obtained, and any facts that might be useful for the additional analysis to be carried out by AGCOM on the actual consistency of such methods with those stated by the firm that carried out the poll. 185
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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
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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
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Page 147 and 148: Rate ceiling supplement for the pro
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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 and 182: March 2000, which regulates the iss
Page 183: technical restrictions for the need
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
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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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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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