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IRIS 2012-6:1/3 Court of Justice of the European Union: Interpretations of ‘Communication to the Public’

On 15 March 2012, the Court of Justice of the European Union published two decisions (case C-162/10 and case C-135/10) on the right to equitable remuneration when a user allows his own clients to hear music as background music in a place subject to the user’s control. In case C-135/10, SCF, the Italian broadcasting and neighbouring rights collecting agency sued Mr Marco Del Corso, a dentist who played background music, free of charge, in the waiting room of his dental practice. At national level, the Court of Appeal of Turin (Italy) requested a preliminary ruling on the question whether the free...

IRIS 2012-5:1/31 [IT] Agcom Adopts a Regulation on NGN Access

On 12 January 2012, the Autorità per le garanzie nelle comunicazioni (Italian Communications Authority - Agcom) adopted Resolution no. 1/12/CONS (hereinafter “The Resolution”), on next generation network access services (NGA), in accordance with the comments of the European Commission and the assessments made by the Italian Antitrust Authority (AGCM). It also incorporates the contributions of the previous public consultation launched by Resolution no. 1/11/CONS. The Resolution defines the obligations of Telecom Italia, both in relation to active (bitstream and Vula) and passive services (in their...

IRIS 2012-5:1/30 [IT] Agcom Adopts the Final Plan for the Allocation of Frequencies for DTT

On 22 February 2012 the Autorità per le garanzie nelle comunicazioni (the Italian Communications Authority - AGCOM) adopted Resolution no. 93/12/CONS concerning the plan for the allocation of frequencies for digital terrestrial television services in the five Italian regions of Abruzzo, Molise, Basilicata, Apulia, Calabria and Sicily, included in technical areas 11, 14 and 15 as defined by the Governmental Digital Terrestrial Television (DTT) switchover plan adopted in 2008 (see IRIS 2008-10/22). According to this plan Italy has been divided into 16 technical areas only partially coinciding with...

IRIS 2012-5:1/29 [IT] AGCOM List of Events of Major Importance

On 15 March 2012 the Autorità per le Garanzie nelle Comunicazioni (Italian Communications authority - AGCOM) gave final approval to a resolution concerning the list of events of major importance to society, pursuant to Article 32-ter of the Italian audiovisual and radio media services code (legislative decree no. 177/2005, as amended in 2010, see IRIS 2010-2/25 and IRIS 2010-4/31), which implements Article 14 of the Audiovisual Media Services Directive. This resolution ends a process of amending, reviewing and updating the previous and, until now, unmodified list, adopted with Resolution n. 8/99...

IRIS 2012-5:1/28 [IT] New Law for Cinema and Audiovisual of the Lazio Region

On 14 March 2012 the “Regione Lazio” in Italy adopted a reform (known as "Interventi Regionali per il Cinema e l’Audiovisivo"), aimed at promoting cinema and audiovisual fields according to Articles 21 and 33 of the Italian Constitution. Essentially, the regional government aim is to support the activities of production, distribution, export, promotion, cinema exhibition, preservation, study and dissemination of audiovisual works. The need for a regional act on cinema was based on two critical aspects of the system: 1) the fragmentation of regulation, resulting in a confused and inefficient use...