Communications Regulatory Authority

With Resolution no. 417/04/CONS setting forth “regulations settling conflicts of
interest” AGCOM set out and worked out organisational changes and regulatory actions
relating to procedures and ascertainment criteria provided for within the scope of the
conflict of interest. This resolution was amended to a significant extent by AGCOM
Resolution no. 392/05/CONS setting forth “amendments and supplements to regulations
settling conflicts of interest”, pursuant to which the “privileged support” ascertainment
phase shall be carried out by AGCOM’s Council, while the Commission for Services
and Products shall carry out preliminary investigations and ascertain any lawbreaking
which was a precondition to such support, in all cases where the ascertainment of any
lawbreaking has already been entrusted by law to the Commission.
Regulations approved in 2004 laid the responsibility of the totality of
proceedings involving a conflict of interests (in their two phases which involve
verifying a breach of the benchmark law and subsequently ascertaining any privileged
support) within AGCOM’s Council’s remit. The reason was to be found in article 1,
paragraph 6, letter c, no. 14 of law no. 249 of 31 July 1997, under which AGCOM’s
Council shall exercise all functions and powers not explicitly granted either to the
Commission for Services and Products or to the Commission for Infrastructures and
Networks.
The complex case of the conflict of interests was conceived as a unique
example, whose relevant functions and scope were entrusted to AGCOM’s Council.
In time, the implementation practice showed that the breach of some provisions relating
to “benchmark” laws – law no. 223 of 6 August 1990, law no. 249 of 31 July 1997, law
no. 28 of 22 February 2000, and law no. 112 of 3 May 2004 – was relevant with respect
to responsibilities law-makers had already entrusted AGCOM with, and whose
procedure had already been set out by explicitly laying them on a collegiate body
different from the Council. Reference is made in particular to the breach of provisions
pursuant to laws no. 112/04 and no. 28/00 and relating to the compliance with principles
of pluralism, objectivity, completeness, fairness and impartiality of information, and
provisions on “par condicio” (equal access to the media) in whose respect AGCOM’s
Commission for Services and Products is granted supervisory, ascertaining and
sanctioning powers pursuant to law no. 249/97.
From the impossibility to bring the whole procedure involving conflicts of
interests unequivocally within the Council’s scope the need arose, with respect to cases
in point, to bring the ascertainment function within the Commission for Services and
Products’ scope. Moreover, by following this approach a homogenous treatment can be
guaranteed, from a procedural viewpoint, to all radio and television undertakings as to
rules and regulations governing par condicio and the compliance with information
pluralism principles.
On the contrary, under the previous regulatory system, a breach among those
mentioned above would have fallen either within the Council’s scope or within the
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