Italy

[IT] New Provision on Satellite Broadcasting

IRIS 2000-4:1/16

Maja Cappello

Autorità per le garanzie nelle comunicazioni (AGCOM)

Pursuant to the Communications Act of 31 July 1997, no. 249 (Istituzione dell'Autorità per le Garanzie nelle Comunicazioni e norme sui sistemi delle telecomunicazioni e radiotelevisivo, see IRIS 1997-8: 10) on 1 March 2000 the Autorità per le Garanzie nelle Comunicazioni (the Italian Communications Authority -AGC) adopted the regolamento concernente la diffusione via satellite di programmi televisivi (regulation no. 127/00/CONS concerning satellite television broadcasting). The Regulation applies to: 1) Italian broadcasters whose programmes are received in States Parties to the European Convention on Transfrontier Television (hereinafter: "Parties to the Convention"); 2) non-Italian broadcasters who are provided with a satellite up-link in Italy and whose programmes are received in Parties to the Convention; 3) Italian broadcasters who are provided with a satellite up-link in Italy but whose programmes are not received in Parties to the Convention. Closed circuit transmissions, point-to-point transmissions, occasional transmissions or transmissions which are not intended for a wide public, are excluded from the scope of the Regulation (Article 2).

Broadcasters that fall under the Regulation may apply for a six-year renewable authorisation. The Communications Authority must decide on the application within 60 days (Article 3). Non-Italian satellite broadcasters which are lawfully established inside the European Economic Area or in Parties to the Convention, which want to transmit satellite programmes in Italy, do not need to apply for an authorisation under this Regulation (Article 5).

Authorised satellite broadcasters are inter alia subject to the provisions laid down by the European Convention on Transfrontier Television concerning the right of reply (Article 11) and advertising (Article 12). Pursuant to the Differimento di termini previsti dalla legge 31 luglio 1997, n. 249 nonché norme in materia di programmazione e di interruzioni pubblicitarie televisive (the Television Advertising Act of 30 April 1998, no. 122 , see IRIS 1998-6: 8) a minimum of 20 minutes of the weekly transmission time has to be reserved for the promotion of European and Italian works (Article 14). With regard to the protection of minors, satellite broadcasters are not allowed to transmit programmes that might impair the psychological or moral development of minors, except where such programmes are broadcast on a conditional-access basis and between 11pm and 7am.