Communications Regulatory Authority

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postal and telecommunications police, the Department of Performing Arts of the Ministry of National Heritage and Culture, for inspections within their respective remit. Following inspections, 13 complaints were dismissed by the relevant departments due to groundless allegations, as the reported cases were considered not to have involved any breach of children protection rules; 2 cases were also dismissed due to manifest groundlessness, as the reported cases were not considered to be ascribable to sector provisions. Supervisory actions mentioned here were carried out jointly with actions conducted by Co.re.coms., whose relations with AGCOM were enhanced in many cases in the light of territorial functions delegated to them also with respect to the supervisory action relating to children protection. In the same period information was supplied in order to answer 5 parliamentary questions relating to children protection matters, and other questions were also answered which had been asked by sector organisations with regard to children protection in television programmes. The second area involved the official monitoring of television programmes aired by national terrestrial broadcasters. In the reference period improvements were made to the operating system used to carry out the delicate and complex recording and analysis of footage. In particular, frequent supervisory meetings were held with the group of analysts, also for the purpose of making interpretative criteria and coding methods as homogeneous as possible. In this respect, theoretical-regulatory updates were supplied and group-discussion was used after viewing audiovisual recordings, while taking in due consideration the evolution of jurisprudential guidelines and the measures adopted by AGCOM in this field. The monitoring system allowed to record programmes aired round the clock by the following national television broadcasters: Rai Uno, Rai Due, Rai Tre, Rete Quattro, Canale 5, Italia 1, La 7, Mtv, Rete A. The attention was focused in particular to the monitoring of programmes aired in the 8:00 p.m. -11:00 p.m. bracket (including evening newscasts), also considering that the prime time is children’s peak viewing time. Following some criticalities arisen during the monitoring, in 19 cases in-depth analyses were thought to be required. In the framework of these closer investigations, also following many complaints received, several episodes of programmes considered to be of special interest were analyzed. This method was used, for instance, for “Smack Down Wrestling”, a programme which was monitored for more than two months and was subsequently inflicted a sanctioning measure by AGCOM. Lastly, the monitoring work relating to advertising led to identify 18 advertisements which, for their having children in leading roles, broke children-protection rules. However, in this connection the above-mentioned repeal of the prohibition to use children under 14 in advertisements should be kept in mind. 188
The third area relating to children protection is represented by the constant establishing of relations and joint work with institutions and sector organisations (the television-and-children self-regulation committee, the Department of performing arts, the postal and communications police, universities, and Co.re.coms.), as well as with user protection associations. For example, following the framework agreement entered into with the Naples Federico II University, a joint work was started with this university, which led to carry out a research on some special aspects of the supervisory action in television programmes. Contacts with some regional communications committees were strengthened, also for the purpose of helping them launch projects aimed at promoting local information and awareness campaigns on the relationship between television and children (see par. 3.4.). As to the sanctioning action, in the period under review 34 proceedings were concluded which gave rise to the following measures: • 23 orders-injunctions, of which: - 8 were due to the breach of article 15, paragraph 10 of law no. 223 of 6 August 1990; AGCOM inflicted the following administrative sanctions, broken down according to the seriousness of the breach and to the local or national type of broadcaster: - 1 administrative sanction amounting to € 75,000.00 (Resolution no. 137/05/CSP, broadcaster: RAI 1); - 1 administrative sanction amounting to € 25,000.00 (Resolution no. 156/05/CSP, broadcaster: La 7); - 1 administrative sanction amounting to € 20,000.00 (Resolution no. 83/05/CSP, broadcaster: Italia 1); - 1 administrative sanction amounting to € 15,000.00 (Resolution no. 136/05/CSP, broadcaster: Italia 1); - 1 administrative sanction amounting to € 4,000.00 (Resolution no. 82/05/CSP, broadcaster: Radio Gamma 5); - 3 administrative sanctions amounting to € 1,500.00 (Resolutions nos. 78/05/CSP, broadcaster: T9; 124/05/CSP, broadcaster: Telenuovo Retenord; 145/05/CSP, broadcaster: Telemed); - 1 was due to the breach of article 15, paragraph 11 of law no. 223 of 6 August 1990, as transposed in article 34, paragraph 1 of the Consolidation Act: 1 administrative sanction was inflicted amounting to € 25,000.00 (Resolution no. 1/06/CSP, broadcaster: RAI 2); - 1 was due to the breach of article 15, paragraph 13 of law no. 223 of 6 August 1990: 1 administrative sanction was inflicted amounting to € 25,000.00 (Resolution no. 150/05/CSP, broadcaster: LA7); - 1 was due to the breach of article 8, paragraph 1 of law no. 223 of 6 August 1990, and article 4, paragraph 7 of AGCOM Resolution no. 538/01/CSP of 26 July 2001: 1 administrative sanction was inflicted 189
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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
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analyzing any possible regulatory o
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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 and 182: March 2000, which regulates the iss
Page 183 and 184: technical restrictions for the need
Page 185 and 186: Misleading advertising Under articl
Page 187: AGCOM also explained that the absol
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
Page 233 and 234: is even more appropriate in the cur
Page 235 and 236: The delegation concerning the prote
Page 237 and 238: 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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Communications Regulatory Authority

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