Communications Regulatory Authority

More documents

Recommendations

Info

Complaints filed through the info@agcom.it e-mail address underwent an extensive content analysis, and were simply filed by subject and party involved. Several thousands of complaints arrived through this route each month. Complaints most frequently involved the following subjects: ADSL lines, with special reference to the poorness of resources in some areas of the national territory, the mobile number portability service, mostly in connection with delays in the provision of service, inquiries on the methods to register in the Register of <strong>Communications</strong> Operators and on the way the Media and <strong>Communications</strong> Industry Database works, reports of unwanted service activation, inquiries on the new numbering system, and requests for explanations as to Internet connections made without the user’s being aware of them. Nearly 5% of e-mails which were taken into account dealt with the protection of children’s rights and significantly helped AGCOM carry out its children protection action. More recently, besides involving television programmes, complaints relating to children protection also concerned the use of mobile phones by children, with special reference to problems related to the supply of some extra-charge mobile services whose content is not appropriate for children though it can be easily accessed by them. Within the scope of its remit Urp also kept constant relations with consumer associations and established relations with third parties while promoting the “Tecnologie, prodotti e caratteristiche dei servizi di telecomunicazione” (Telecommunications service technologies, products and features) seminar, held in Rome (15-17 June 2005) by AGCOM and addressed to representatives of national consumer associations. Urp also worked jointly with Business International in order to arrange two round tables with AGCOM on these subjects: “Il futuro del mercato delle telecomunicazioni nella nuova era della convergenza” (the future of the telecommunications market in the new convergence age), held in Rome at the Esedra Hotel on 30 September 2005, and “La rivoluzione digitale nella nuova era della convergenza” (the digital revolution in the new convergence age), held in Rome at the Westin Excelsior Hotel on 19 December 2005. 2.12. JURISDICTIONAL PROTECTION In the period between 1 May 2005 and 30 April 2006 160 jurisdictional appeals were lodged with the Lazio region Administrative Court (TAR) against measures taken by AGCOM. Of these, 19 cases involved telecommunications, 13 cases involved equal access to mass media (the so-called “par condicio”), 4 cases concerned organisational matters, 16 cases had to do with staff matters, and 108 cases involved audiovisual matters. Moreover, 103 precautionary petitions were filed, 90 of which were heard, while hearings relating to the remaining cases were postponed to the merit. At a precautionary 204
stage hearings resulted in 43 petitions 8 being upheld and the remaining 47 being rejected. 50 appeals were heard “for merit reasons”, with 47 of them being rejected and 3 being upheld 9 . In the same reference period 56 appeals were lodged before the Council of State, 42 of which concerned audiovisual matters 10 , 2 concerned equal access to the media, 8 concerned telecommunications, and 3 concerned staff matters. 7 of them were rejected “for merit reasons” (with a successful result for AGCOM) while 1 was upheld (with an unsuccessful result for AGCOM). In the period in question significant dispute-settlement decisions were made by the administrative judge – also relating to appeals initiated before the reference period – which represent important shifts in the case-law trend followed with regard to matters concerning AGCOM’s institutional action. In particular, with regard to the audiovisual sector, the administrative judge of first instance rejected all 44 appeals lodged against article 5 (item three) of the radio and television advertising and teleshopping regulations (as adopted with Resolution no. 538/01/CSP), as introduced with Resolution no. 34/05/CSP, setting out hour-bracket regulations for the airing of teleshopping programmes, advertisements and “infomercials” relating to astrology, cartomancy and prediction services (Lazio TAR, section II, no. 14302/05). The administrative judge then fully confirmed the validity of measures introduced by AGCOM (among which there is the prohibition to broadcast advertisements relating to astrology, cartomancy and prediction audiotex services in the 07:00 a.m.-12:00 p.m. hour bracket) both in terms of the procedure followed for the adoption of the challenged resolution, and from a substantial viewpoint. Still with regard to radio and television advertising the Lazio TAR rejected two appeals lodged by Gruppo Editoriale l’Espresso and by RTI and requesting the quashing of Resolution 538/01/CSP, setting forth regulations on radio and television advertising and teleshopping, and of subsequent amending resolutions nos. 250/04/CSP and 105/05/CSP (Lazio TAR, section II, nos. 14965/05 and 14357/05). The Lazio TAR stated the full legitimacy of article 4, paragraph 5, of the abovementioned regulations with respect to the section allowing advertising breaks during the airing of sports events, not only during regular half-times prescribed by sports 8 42 of which involved appeals requesting the quashing of Resolution no. 34/05/CSP amending regulations on television advertising and teleshopping. 9 In particular, 44 appeals lodged to request the quashing of Resolution no. 34/05/CSP were rejected “for merit reasons”. 10 In particular, 32 appeals were lodged with (upheld) suspension petition with respect to Lazio TAR measures issued in connection with appeals relating to the quashing of Resolution no. 34/05/CSP. 205
Page 1 and 2:
Communications Regulatory Authority
Page 3 and 4:
1. THE COMMUNICATIONS SYSTEM IN THE
Page 5 and 6:
But the fixed-mobile convergence is
Page 7 and 8:
generation networks also make possi
Page 9 and 10:
not only from the companies mention
Page 11 and 12:
Figure 1.2. World telecommunication
Page 13 and 14:
Figure 1.4. Hot spots in the world
Page 15 and 16:
nine regions where it has concentra
Page 17 and 18:
video channels, over 600 video-on-d
Page 19 and 20:
Also with reference to the offering
Page 21 and 22:
1.9.), the total number of broadban
Page 23 and 24:
The supply of these services has al
Page 25 and 26:
offered. In particular, an increasi
Page 27 and 28:
Nelonen, Nokia, TeliaSonera, and YL
Page 29 and 30:
• the purchase of Meteor, an Iris
Page 31 and 32:
confirmed as the leading country in
Page 33 and 34:
1.1.2. Audiovisuals The world telev
Page 35 and 36:
On the other hand, satellite operat
Page 37 and 38:
The structure of the national telev
Page 39 and 40:
having the availability, on an excl
Page 41 and 42:
Figure 1.16. Western Europe: breakd
Page 43 and 44:
It is interesting to note that the
Page 45 and 46:
undergo further acceleration in 200
Page 47 and 48:
1.2. ITALY 1.2.1. Telecommunication
Page 49 and 50:
Figure 2.4. Trend of consumer price
Page 51 and 52:
The shift of traffic to mobile serv
Page 53 and 54:
is a significant part of the consum
Page 55 and 56:
Secondly, there has been an increas
Page 57 and 58:
- “Smart” services characterise
Page 59 and 60:
The growth did not live up to expec
Page 61 and 62:
AGCOM’s regulatory intervention c
Page 63 and 64:
Table 1.5. Market shares in mobile
Page 65 and 66:
TV services might become the next k
Page 67 and 68:
connections in the Italian market a
Page 69 and 70:
mobility), as an alternative to oth
Page 71 and 72:
DFREE Rete 4 Italia 1 Sport Italia
Page 73 and 74:
Table 1.9. Resources breakdown of t
Page 75 and 76:
In 2005, RTI holds a market share o
Page 77 and 78:
Table 1.13. Audience of main nation
Page 79 and 80:
Until now, such investments have be
Page 81 and 82:
From the viewpoint of the economic
Page 83 and 84:
The readers of this product are mos
Page 85 and 86:
Table 1.20. Monti Group (Poligrafic
Page 87 and 88:
TABLE 1 DAILY NEWSPAPERS: NATIONWID
Page 89 and 90:
Il Centro Campanile Nuovo a r.l. Fi
Page 91 and 92:
La Gazzetta di Taranto Società P.a
Page 93 and 94:
Piccola s.c.r.l. Ore 12 Centro Stam
Page 95 and 96:
L'avvisatore Marittimo L'avvisatore
Page 97 and 98:
Messaggero del Lunedì Editoriale F
Page 99 and 100:
Leggo Sigma Editoriale s.p.a. 154,1
Page 101 and 102:
La Gazzetta di Lecce Società P.a.
Page 103 and 104:
Table 1.23. Advertising investments
Page 105 and 106:
eached 3%. Television stands out as
Page 107 and 108:
Table 1.30. Percentage breakdown of
Page 109 and 110:
Table 1.33. Percentage breakdown of
Page 111 and 112:
Surcharged services By decree of th
Page 113 and 114:
2. ACTIONS UNDERTAKEN BY AGCOM 113
Page 115 and 116:
electronic communications networks
Page 117 and 118:
an 1PC-4.75% reduction restriction
Page 119 and 120:
Markets for fixed calls over the pu
Page 121 and 122:
AGCOM confirmed the position set fo
Page 123 and 124:
eference offers relating to the 200
Page 125 and 126:
With this measure AGCOM has then re
Page 127 and 128:
data for the purpose of assembling
Page 129 and 130:
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 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 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
Page 193 and 194: Publishing Sound and/or television
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: As a matter of fact, the high numbe
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
Page 239 and 240: with the associations of reference
Page 241 and 242: During 2005, the Special Unit also
Page 243 and 244: 4. Governance structure 243
Page 245 and 246: Figure 4.1 4.1. AGCOM’s governing
Page 247 and 248: President’s Cabinet Guido Stazi D
Page 249 and 250: with the institutional actions to s
Page 251 and 252: achievement of the objectives set b
Page 253 and 254: for conflict of interests), € 22,
Page 255 and 256:
in the economic, legal, sociologica
Page 257 and 258:
Measures to guarantee rights of end
Page 259 and 260:
DECT .............Digital Enhanced
Page 261 and 262:
MVAS .............Mobile Value Adde
show all

Communications Regulatory Authority

Create successful ePaper yourself

Delete template?

Save as template?