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IRIS 2001-3:1/11 [IT] European Community Act 2000 Contains Provisions Relevant to the Television Sector

Every year, the Italian Parliament adopts an act called Legge comunitaria (European Community Act) in order to comply with the obligations deriving from its membership of the European Communities. The main aim of this act is to ensure the implementation of EC directives in due time to avoid infringement procedures for lack of implementation. According to the procedure laid down by the Norme generali sulla partecipazione dell'Italia al processo normativo comunitario e sulle procedure di esecuzione degli obblighi comunitari (Rules on the implementation of European Community legislation, Act of 9...

IRIS 2001-2:1/21 [IT] New Deadlines for Television and Radio Digital Frequency Plans

On 23 January 2001, the Italian Government approved decreto-legge (decree-law) no. 5/2001 containing urgent provisions on local radio and television broadcasting (Gazz. Uff. no. 2001/19). The decree postpones and establishes several deadlines concerning analogue and digital television and radio broadcasting. According to Article 77 of the Italian Constitution, a decree-law is an act having the same force of law as an ordinary statute of the Parliament. The Government may only issue a decree-law in exceptional cases, and it must be converted into a parliamentary statute within sixty days of its...

IRIS 2001-1:1/31 [IT] Implementation of the Conditional Access Directive

On 15 December 2000, the Conditional Access Decree (Attuazione della direttiva 98/84/CE sulla tutela dei servizi ad accesso condizionato e dei servizi di accesso condizionato, Decreto legislativo of 15 November 2000) was published in the Italian Official Journal and entered into force. In this way Italy has transposed Directive 98/84/EC on the legal protection of services based on, or consisting of, conditional access. Article 1 contains definitions of: services based on conditional access (television or radio broadcasting services or Information Society services provided for remuneration and...

IRIS 2000-10:1/18 [IT] Pay-TV Digital Platforms Fined for Infringement of Decoder Provisions

According to Law no. 78/99 (IRIS 1999-4: 8) and to the Regulation of the Autorità per le Garanzie nelle Comunicazioni (Italian Communications Authority - AGC) of 7 April 2000, no. 216/00/CONS (IRIS 2000-6: 9) a common decoder for pay-TV broadcasters established in Italy should have been introduced by 1 July 2000. For that purpose the operators of the two existing Italian digital platforms Telepiù, controlled by CANAL+, and Stream, controlled by Telecom Italia, should have informed the AGC before 20 June 2000 about how they intended to comply with this obligation, under which they had to ensure...

IRIS 2000-9:1/34 [IT] New Provisions on Copyright

On 18 August 2000 the Italian Parliament approved law no. 248 on Copyright (Nuove norme di tutela del diritto d'autore, Legge of 18 August 2000, no. 248, in Gazzetta Ufficiale of 4 September 2000, no. 206). After long discussions on the Government Draft (see IRIS 2000-7: 13), which has not been amended since the final approval by the Camera dei Deputati (Chamber of Deputies), the law eventually updates the almost sixty years old Copyright Act of 1941 (Protezione del diritto d'autore e di altri diritti concessi al suo esercizio, Legge 22 April 1941, no. 633, in Gazzetta Ufficiale of 16 July 1941,...