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IRIS 2012-6:1/24 [IT] Agcom Board Presents an Assessment of the 2005-2012 Term

On 2 May 2012, the board of the Autorità per le garanzie nelle comunicazioni (the Italian Communications Authority - Agcom) presented an assessment of its term of office from 2005 to 2012, showing how during this period the overall landscape of the communications sector has changed drastically: in 2005 the most successful company in regard to capitalization was Exxon corporation, in 2012 it is Apple; in 2005 social networks were at a start-up phase, today they reach over one billion subscribers. Internet has enhanced the circulation of products and services and the number of companies registered...

IRIS 2012-6:1/23 [IT] Agcom Launches a Public Consultation with the View of Drawing up Guidelines for PSB Obligations

On 15 March 2012 the Autorità per le garanzie nelle comunicazioni (the Italian Communications Authority - Agcom) adopted Resolution no. 130/12/CONS, launching a public consultation with the view of drawing up guidelines on the obligations on public service broadcasting for the years 2013 -2015, pursuant to Article 45, paragraph 4 of the Italian AVMS Code (IRIS 2005-9/24 and IRIS 2010-2/25) according to which prior to each three-year renewal of the Contract of Service between RAI and the Ministry of Economic Development, Agcom, in consultation with the Ministry, shall lay down guidelines for the...

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...