Italy
[IT] Chart of Services is Mandatory for the Provisions of Pay-TV Services
IRIS 2005-2:1/33
Maja Cappello
Autorità per le garanzie nelle comunicazioni (AGCOM)
On 10 December 2004, the Autorità per le garanzie nelle comunicazioni (Italian Communications Authority AGCOM) adopted the Guidelines on the provision of pay-tv services in accordance with article 1, paragraph 6, lit. b), n. 2, of the Communications Act no. 249/97, charging AGCOM with the power to determine the general quality standards of the services in the communications sector and the content of the Chart of services. According to these Guidelines, any operator offering pay-tv services on terrestrial or satellite frequencies or via cable, both on subscription as with pre-paid cards, has to adopt a Chart of services at least 30 days before the start-up of the provision of the services and users must be informed accordingly. The Chart has to give the following information: address of the service provider and description of the services, costs, time needed for the activation of the services, duration of the subscription and means of renewal and resolution, customer care, payments, dispute resolution, reimbursements, protection of minors. More generally, operators have to ensure equal, transparent and impartial treatment for all customers and all conditions must be interpreted in the light of these principles. All services must be offered on a regular and continuous basis, without interruptions; exception is made for repair or maintenance reasons: in the latter case, users must be duly informed about when the service will be reactivated. Service providers should make an effort to increase the efficiency of the services, through the adoption of the best technological and organizational solutions. The procedures for the resolution or amendment of the contract must be clear and easily accessible and customers must be guaranteed access to all their personal information.
References
- AGCOM Deliberation n. 278/04/CSP, "Approvazione della direttiva in materia di carte dei servizi e qualità dei servizi di televisione a pagamento ai sensi dell'art. 1, comma 6, lett. b), n. 2, della legge 31 luglio 1997, n. 249"
- http://www.agcom.it/provv/d_278_04_CSP.htm
- AGCOM Deliberation n. 278/04/CSP, Guidelines on the provision of pay-tv services in accordance with article 1, paragraph 6, lit. b), n. 2, of the Communications Act no. 249/97, 10 December 2004
This article has been published in IRIS Legal Observations of the European Audiovisual Observatory.