Communications Regulatory Authority

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− the operation with which Deutsche Telekom purchased Telering, enabling the mobile division of the German operator T-Mobile to enlarge its user base on the Austrian market; − the purchases of One.Tel and the Tele2 activities in the United Kingdom and Ireland by Carphone Warehouse, through which the latter increases its market position in fixed and mobile network services and broadband access; − the amalgamation through which the British cable operator NTL, after purchasing the competitor company Telewest in 2005, enters the mobile market by buying the virtual operator Virgin Mobile; − the merger in France between the alternative fixed telecommunications operators Neuf Télécom and Cégétel, which generated the second fixed network operator; − the acquisition in 2005 of the English ISP Easynet by the English pay-TV satellite service provider BSkyB, through which the latter will be able to use another platform, fixed-network broadband, to distribute its audiovisual content to end users; − the purchase of 5% of the share capital of AOL, Time Warner’s Internet division, by Google, thanks to which the Internet’s leading search engine operator has now extended its activity to Time Warner’s audiovisual content and the MusicNow pay music downloading platform. In this continually shifting technological and market scenario, there has also been a considerable evolution in the regulatory strategies defined by the sector Authorities, in both Europe and the United States. The topics on the discussion table concern, among others, the rules for access to the networks of the incumbent operators, in particular the new generation operators, by competitor operators (fixed telecommunications companies, Internet service providers, or providers of value-added Internet services, such as IP protocol voice services, VoIP), the regulatory status of the telecommunications operators on the one hand, and the cable operators on the other (in a context that sees these operators, traditionally subject to different regulation systems, offering similar services), and the neutrality of the network operators (the principle according to which the operator that makes available its telecommunications networks does not implement any kind of control on the contents carried). The discussion over the conditions for access to the incumbent operators’ new generation networks has important effects on the supply of converging services, in particular of IPTV services, which exploit the technological potentials of such infrastructure. For telecommunications operators, the offering of such services is both an instrument for differentiation of their offering and creation of customer loyalty, and an alternative source of income that could make up for the decline in the average proceeds per user deriving from the competition on traditional services. The new 6
generation networks also make possible the preparation of fixed-mobile integrated services that enable the operator to meet all the end user’s communication needs, i.e. the possibility to approach the customer with a single integrated offering (fixed/mobile/Internet/IPTV). For these reasons, the rules concerning the access to new generation networks are a crucial junction for the future structure of the sector. The regulatory Authorities thus find themselves in the situation of having to identify the proper balance that can, on the one hand, encourage investments in network innovation and, on the other, ensure the conditions suitable for guaranteeing free competition in the sector and the single markets making it up. The initiatives undertaken by the regulatory Authorities in recent years have, in particular, been conducive to a transition to a competition model based on the use of alternative infrastructure to that of the incumbent operator. The measures adopted in the various contexts depend inevitably on the country’s infrastructure situation, in particular on the presence or absence of alternative networks to those of the incumbent operator. In the United States, the prevailing trend is that of an easing of the regulatory constraints on infrastructure operators owing to the presence of a certain degree of competition within the networks. Falling within this regulatory strategy is the process of revision of the rules governing telecommunications services carried out by the Federal Communication Commission (FCC) to evaluate their adequacy for the changed market context (“Triennial Review”). The Triennial Review Remand Order, published by the FCC in early February 2005, removed some of the obligations that had previously been set for the local incumbent carriers (ILECs) regarding access of the alternative operators (CLECs) to the elements of their networks (Unbundled Network Element-Platform – UNE-P). Similarly, the FCC eliminated the obligation, also for the ILECs, to allow access to their broadband networks, under fair and non-discriminatory conditions and at prices regulated by the independent ISPs. Access to these networks will thus be the subject of free negotiation by the parties. Underlying these decisions is, as already mentioned, the changed US competitive context, which sees, among other things, the presence of local networks (especially cable) in alternative to the copper infrastructure used for providing broadband access services. In this framework, the FCC feels that the removal of the obligations in force will stimulate investments in the broadband network infrastructure by operators that do not have infrastructure of their own and that, even in the absence of regulatory obligations, there are reasons (of economic convenience) that will lead the ILECs to provide broadband connectivity services to independent ISPs under conditions that will meet their needs. More in general, even the Community regulatory approach, like that of the US, has the goal of stimulating an infrastructure type competition and not the mere resale by alternative operators of the incumbent carriers’ wholesale services; this goal must be reached in a context of national markets characterized by the presence of a few (if not 7
Page 1 and 2: Communications Regulatory Authority
Page 3 and 4: 1. THE COMMUNICATIONS SYSTEM IN THE
Page 5: But the fixed-mobile convergence is
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
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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
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The same supervisory action was car
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price-cap system on these services,
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Fixed-to-mobile (retention) -19.2 -
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up in cutting rates at that time, a
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according to the termination operat
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Rate ceiling supplement for the pro
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handset use restrictions when the S
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Mobile television services In 2005,
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undertakings with a significant mar
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Resolution no. 11/06/CIR allows VoI
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message advertising of the rate cha
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TELECOM ITALIA/VODAFONE Pending INF
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order areas and entering into the r
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After describing digital terrestria
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The first activity implemented by t
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and rights, and of a person’s dig
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Provisions relating to dominant pos
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In order to make the above-mentione
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In this context, AGCOM issued 7 ord
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subscribers without necessarily imp
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In this connection it should be hig
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LA7 TELEVISIONI s.p.a. La7 terr. 55
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March 2000, which regulates the iss
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technical restrictions for the need
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Misleading advertising Under articl
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AGCOM also explained that the absol
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The third area relating to children
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- 5 were due to the breach of artic
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Publishing Sound and/or television
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2.11. RELATIONS WITH CONSUMERS AND
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AGCOM enacted regulations for the s
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Activation of unwanted services 1,0
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WIND CPS 173 WIND Unwanted tariff p
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As a matter of fact, the high numbe
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stage hearings resulted in 43 petit
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virtue of the provisions under arti
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With Resolution no. 417/04/CONS set
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In the timeframe between 1 May 2005
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In 2 of the latter cases the insert
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3. AGCOM’S INSTITUTIONAL RELATION
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First of all, the year 2005 registe
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ears witness to the appreciation of
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Audiovisuals As for the audiovisual
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audiovisual and telecommunications
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Administrations, diplomatic represe
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Around 60 inspection union document
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systems C/7069 Acquisition of a cor
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adio broadcasting system s.c.r.l. C
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is even more appropriate in the cur
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The delegation concerning the prote
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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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