Italy

[IT] AGCOM Consultation on the Promotion of European Works

IRIS 2015-3:1/20

Ernesto Apa

Portolano Cavallo Studio Legale

On 2 February 2015, the Italian Communications Authority - AGCOM (Autorità per le garanzie nelle comunicazioni) launched a public consultation on a codified regulation on the obligations to promote European works applicable to both linear and non-linear or on-demand audiovisual media service providers (Resolution no. 21/15/CONS), as well as a fact-finding inquiry aimed at collecting information on the production of the audiovisual content sector (Resolution no. 21/15/CONS).

First, due to changes to the relevant legal provisions, the current regulatory framework has been substantially amended several times in the last few years and AGCOM therefore intends to adopt a new regulation, aimed at codifying (and replacing) five AGCOM resolutions, which currently regulate the matter (namely, Resolutions 66/09/CONS, 397/10/CONS, 188/11/CONS, 186/13/CONS and 526/14/CONS). At the same time, AGCOM intends to change the proceeding relating to exemptions from the quota system. In fact, under Italian law, audiovisual media service providers, which satisfy certain requirements, may submit a request for a total or partial derogation from content and/or investment quotas. According to the draft regulation, the applications filed by audiovisual media service providers to get such an exemption will be published on the AGCOM website, in order to allow third parties (e.g., content producers and competitors) to submit comments. The deadline for the submission of the responses will expire 45 days after the launch of the public consultation. Targeted respondents include audiovisual media service providers, producers, associations representing the industry and consumers’ associations. AGCOM will also hold hearings with the operators.

Secondly, the inquiry on the audiovisual content sector by AGCOM will last for 90 days. Operators interested in providing information in connection with the inquiry may submit a contribution within 45 days. AGCOM has arranged a questionnaire aimed at gathering information on the business models, the structure of the market and the availability - according to different genres - of European works and works made by independent producers.