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Communications Regulatory Authority

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3.7 THE FINANCIAL POLICE AND POSTAL AND<br />

COMMUNICATIONS POLICE<br />

With reference to the regulatory framework and the memorandums of<br />

understanding drafted in July 2002 and February 2003, the collaboration activity<br />

between AGCOM, the Financial Police – through the Special Radio Broadcasting and<br />

Publishing Unit – and the Postal and <strong>Communications</strong> Police confirmed, for 2005 also,<br />

a relationship of productive and useful cooperation that made it possible, within their<br />

respective spheres of action, to put into motion synergies and professional talents<br />

capable of having a decisive affect on the quality of the actions and their effectiveness.<br />

The collaboration activity with the Financial Police is based on the consolidated<br />

experience in the economic-financial field, used mainly in the activities monitoring<br />

compliance with the regulations in effect on dominant positions, advertising sales<br />

ceilings, accounting separation obligations, and the obligations of communications<br />

operators concerning the payment of the yearly concession fee, as well as the activity<br />

monitoring copyright protection and the compliance with the principle of equal access<br />

to political communication media. The Financial Police also played a fundamental role<br />

within the framework of the supervision over the access to communication media and<br />

over the compliance with the regulations protecting intellectual property rights.<br />

The collaboration with the Postal and <strong>Communications</strong> Police mainly makes use<br />

of the inspection and investigation activities made available for user protection.<br />

During each election and referendum campaign period, the Special Unit of the<br />

Financial Police (also interfacing with the provincial units of the corps) worked in close<br />

collaboration with AGCOM’s offices for the purpose of acquiring magnetic media,<br />

documentation, and material useful to AGCOM for carrying out its duties under the<br />

laws in effect, of managing the reports and complaints involving local broadcasters and<br />

publications, and also of making available, as needed, specialized personnel for<br />

guaranteeing compliance with the “par condicio” (equal time) laws during the preelection<br />

period.<br />

Also in 2005, the Special Unit guaranteed the fulfilment of the duties envisaged<br />

for the communications sector operators; in particular, with regard to the payment of the<br />

annual fee owed AGCOM, as a source of self-financing calculated at 0.65 per thousand<br />

of the revenues earned, the activity carried out by the Financial Police made it possible<br />

to discover 875 defaulting operators who had to pay the above-said fee. As for the<br />

ascertainment of the payment of the annual concession fees for the exercise of the<br />

radio/television activity at the national and local levels, pursuant to Article 27,<br />

paragraph 9, of Law no. 488 of 23 December 1999, the activity carried out by the<br />

Special Unit of the Financial Police made it possible to complete the checks of public<br />

and private television operators to see whether they had paid the fees for the years 2000<br />

and 2001.<br />

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