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IRIS 2009-5:1/35 [IT] AGCOM Issues Criteria for the Complete Digitisation of the Terrestrial TV Network

On 7 April 2009, the Italian communications sector regulatory authority Autorità per le Garanzie nelle Comunicazioni (AGCOM) issued criteria for the complete digitisation of the terrestrial TV networks (Delibera n. 181/09/CONS). It was necessary inter alia to issue these criteria as the European Commission had instituted infringement proceedings against Italy in July 2007 for a breach of Directives 2002/20/EC, 2002/21/EC and 2002/77/EC. Taking into consideration the ministerial decree of 10 September 2008 setting out the national timetable for the final transition to digital terrestrial television...

IRIS 2009-3:1/35 [IT] AGCOM Imposes a Quota on the Broadcasting of European Works and on Investments in Works of Independent Producers

In a decision of 13 February 2009 (Delibera n. 66/09/CONS), the Italian communications sector regulatory authority Autorità per le Garanzie nelle Comunicazioni (AGCOM) adopted a quota arrangement that obliges broadcasters to transmit European works and invest in works by independent producers. Based on the relevant provisions of Directive 2007/65/EC on audiovisual media services (now 2010/13/EU, codified version) and following a consultation among interested broadcasting company representatives, the arrangement, which incorporates the basic provisions of Legislative Decree No. 177 on broadcasting...

IRIS 2009-3:1/23 [IT] Commission Authorises Italian Film Production Tax Incentives

On 22 August 2008, the General Direction for Cinema, according to the provisions of the third paragraph of Article 88 of the EC Treaty, formally notified the European Commission of new measures containing fiscal incentives for film production and distribution companies. The relevant paragraph - which deals with State aid - indeed provides that, “The Commission shall be informed, in sufficient time to enable it to submit its comments, of any plans to grant or alter aid. If it considers that any such plan is not compatible with the common market having regard to Article 87, it shall without delay...

IRIS 2009-2:1/26 [IT] Italian Communication Authority Issues Interpretative Communication on Television Advertising Rules

In its Deliberation of 24 September 2008, the Italian Autorità per la Garanzia nelle Comunicazioni (Communications Authority - AGCOM), issued an Interpretative communication concerning several aspects of television advertising rules aimed at clarifying the criteria it follows in the application of certain rules concerning television advertising, in the context of its monitoring and enforcement powers. From the preamble to the Deliberation, it becomes apparent that it is intended, inter alia, to align the rules with the European Commission's interpretation of some provisions of the Television Without...

IRIS 2009-1:1/25 [IT] SIAE Sticker on CDs and DVDs: Italian Courts Divided over ECJ Schwibbert Ruling

Some recent judgments by the Italian Corte di Cassazione (Court of Cassation) have brought to the fore the division among Italian criminal courts over the interpretation of the judgment delivered by the European Court of Justice in case C-20/05 Schwibbert, dealing with the obligation to affix the SIAE marking to compact discs for the purposes of marketing them within the Italian territory. The Italian Copyright Statute, Law No 633 of 22 April 1941, laid down the mandatory requirement of affixing a distinctive sign bearing the initials of the Italian Società Italiana degli Autori ed Editori (Society...