Communications Regulatory Authority

Around 60 inspection union documents were also examined, sent mainly by the
office of the Prime Minister and the Ministry of Communications for the purpose of
transmitting the elements of their responsibility.
The main topics dealt with concerned the protection of users with regard to the
activity carried out by telephone operators, protecting the competition among all the
parties operating in the communications market, the subscription fee to the telephone
service provided by Telecom Italia, telephone frauds, the manner of using the specialrate
numbering system, the supply of the ADSL service, the problems connected with
the diffusion of digital technology, protection of minors, television advertising and
telepromotion.
With reference to the functions carried out by Parliament and the Government,
AGCOM, systematically and periodically, considered and monitored all the themes of
interest to AGCOM through a specific internal news bulletin. The analysis of the
parliamentary activity was based on the examination of the legislative proposals and the
related procedure, as well as on the reading of the stenographic accounts and the
amendment proposals. The government activity was accurately considered, focusing
particular attention on the measures of particular interest for AGCOM, among which
were: “Amendments to Part II of the Constitution”, “Consolidation Act on radio and
television matters”, “Amendments to Article 10 of Law no. 112 of 3 May 2004, on the
protection of minors in television scheduling”, “Conversion into law of Decree-Law no.
273 of 30 December 2005, containing the definition and extension of deadlines, as well
as consequent urgent provisions”, “Provisions on the matter of combating the sexual
exploitation of children and pedophilic pornography also via the Internet” and, within
the framework of the definition of the relationship with the Community system, the
measure “Provisions for the fulfilment of obligations deriving from Italy’s belonging to
the European Communities – Community Law 2005” by initiative of the Government
(Ministry for Community Policies).
During the year 2005, AGCOM continued its collaboration relations with the
Italian Antitrust Authority. In accordance with the collaboration agreement entered into
by the two Authorities, meetings were held between the offices for the purpose of
dealing with topics of their respective responsibilities and, in particular, analysing in
depth the aspects connected with the procedures regarding electronic communication
market analyses and, specifically, the definition of the important markets and
assessments of the degree of competitiveness of the markets analysed. With regard to
these procedures, the consultation activities undertaken last year culminated with the
formal transmission to the Antitrust Authority of drafts of the measures prepared by
AGCOM.
The collaboration relations with the Antitrust Authority, during the period of
reference, also took the shape of AGCOM’s providing of opinions on the subject of
misleading advertising (cf. paragraph 2.7) and merger operations in the communications
sector, and on that of procedures for the abuse of dominant position concerning
operators of the communications sector. The activity of providing of the above-said
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