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IRIS 2016-6:1/18 [IT] Court of Rome: no need for a detailed notice to trigger ISP’s liability

In its decision filed on 27 April 2016, the Court of First Instance of Rome (Tribunale di Roma) states that even a non-detailed cease-and-desist letter (i.e., a letter without any indication of the URLs), subject to specific conditions, may be deemed sufficient to oblige the relevant hosting provider to remove the infringing content. RTI S.p.A. (“RTI”), a company which belongs to the Mediaset group, owner of the exploitation rights of several TV shows, requested to TMFT Enterprises LLC - Break Media (“Break Media”) which operates a well-known video-sharing platform, the removal of RTI’s content...

IRIS 2016-4:1/20 [IT] AGCOM publishes the results of the inquiry on the audiovisual production sector

On 25 February 2016, by Resolution no. 582/15/CONS, the Italian Communications Authority - (Autorità per le garanzie nelle comunicazioni - AGCOM) published the results of the inquiry relating to audiovisual production sector. The inquiry started on 13 January 2015 (Resolution no. 20/15/CONS) in order to carry out a review of the audiovisual production sector, as well as to make an in-depth analysis on the production process of audiovisual works and on the mechanisms of market functioning. The inquiry ended on 16 October 2015. The AGCOM report, running to more than 170 pages, provides a comprehensive...

IRIS 2016-3:1/23 [IT] Italian Supreme Court reverses the Consiglio di Stato’s judgment on the logical channel numbering plan (LCN).

By means of Resolution no. 366/10/CONS, the Italian Communications Authority (Autorità per le garanzie nelle comunicazioni - AGCOM) approved, in 2010, the first logical channel numbering plan for digital terrestrial television in Italy. This plan was voided by the Consiglio di Stato (the Italian High Administrative Court) by judgment no. 4660 of 2012. Following this judgment, by means of Resolution no. 442/12/CONS, AGCOM launched a public consultation and appointed a specialised company to conduct a survey on viewers/users’ preferences in order to adopt a new LCN plan. The plan was approved in...

IRIS 2016-2:1/17 [IT] AGCOM approves evaluation of the Integrated System of Communications for 2014

On 1 December 2015, the Autorità per le garanzie nelle comunicazioni (Italian Communications Authority - AGCOM) by means of Resolution no. 658/15/CONS approved the evaluation of the economic size for 2014 of the Integrated System of Communications (SIC), i.e. the economic sector consisting of daily and periodic press, annual and electronic publishing (also through the Internet), audiovisual media services and radio services, cinema, external advertising, initiatives of communications of products and services, and sponsoring. Based on this evaluation, for the year 2014 the overall value of the SIC...

IRIS 2016-2:1/16 [IT] AGCOM approves new technical specifications for synthesizers/decoders receiving digital TV signals

On 16 December 2015, the Autorità per le garanzie nelle comunicazioni (Italian Communications Authority - AGCOM) by means of Resolution no. 685/15/CONS, introduced new technical specifications for the construction of receivers (decoders for the receipt of digital terrestrial TV signals). The new technical rules replace the ones set forth under Annex A to Resolution no 216/00/CONS. The new provisions will apply to set-top-boxes as well as to receivers (decoders embedded in TV sets). In particular, the adoption of new technical specifications by AGCOM in lieu of the ones adopted by means of Resolution...