The Regulation
of the Media in Italy
Overview
The Autorità per le garanzie
nelle comunicazioni - Italian regulatory authority in the communications
sector - (AGCOM), was established by Law n. 249/1997 (hereinafter
"Act"), to carry out the tasks assigned under EU - European Union - directives,
both in the field of the telecommunications market and of audiovisual
de-regulation. It is thus called, in Europe, "the single regulator" or "the
convergence regulator". AGCOM started its operational activities
at the end of July 1998. The NRA has an approach which is supportive of
competition and encourages players to invest in the country. The NRA has
absorbed the functions of the former Authority on Publishing and Press, and as a
consequence is also responsible for regulatory affairs in those sectors, with
broad responsibilities in supervising and enforcing compliance with legislation
in the telecommunications, media and press-publishing sectors. The internal
organisation of the NRA is based on the convergence of these related sectors,
and its departments and services are therefore integrated to cover both
audio-visual and telecommunications. The NRA’s operating expenditure is covered
by a 0.35 per thousand levy on revenues of national operators (except new
entrants operating for less than two years) in the sectors under its
responsibility (telecommunications, TV, press and publishing).
The functions of AGCOM are dealt
with by the Council (Consiglio) and by two Commissions: one deals
non-exclusively with issues related to infrastructures and networks (Commissione
per le infrastrutture e le reti), the other deals (mostly, but not
exclusively) with products and services matters (Commissione per i servizi e
i prodotti).
More precisely:
The Council:
-
advises the Government about strategies and
policies on communications matters;
-
develops studies and researches on technology
issues;
-
ascertains the existence of dominant positions
in the broadcasting sector;
-
gives advisory opinions in proceedings pending
by the Italian competition authority;
-
prepares the annual report to the Parliament
on the activities of AGCOM.
The Commission for the Infrastructures and Networks:
-
advises the Ministry of Communications on
frequency matters;
-
develops the national frequency allocation
plan;
-
defines transparent criteria for
interconnection pricing;
-
provides dispute resolution on interconnection
matters;
-
ensures that telecommunications services are
provided to meet all reasonable demands;
-
determines non discriminatory criteria for the
national numbering plan.
The Commission for Services and
Products:
-
monitors compliance with regulations and
policies;
-
adopts guidelines on the quality of services
and on standards;
-
monitors the daily distribution of programming
and advertising;
-
monitors the compliance with regulations on
protection of minors;
-
ensures the right of reply;
-
ensures the application of regulations
concerning advertising and political pluralism.
In order to build an effective regulatory framework focused on
the principles of pluralism, quality content, respect for linguistic and
cultural diversity, protection of minors, fostering of European audiovisual
production and digital convergence, AGCOM has taken measures such as the
following:
Equal access and political pluralism
Following Law n.28 of February 22nd, 2000, AGCOM has
issued new provisions (Determination n.29 of March 2, 2000) in order to ensure
the principles expressed by the law: the equal treatment and equal access to
media of all parties.
The main rule provides for granting equal access to programs on
radio and television broadcasting containing political opinions, such as party
political broadcasts, debates, round tables etc. and other programs where the
expression of political views appears to be relevant to all political parties
involved in the elections (as well as those involved in the popular referendum).
According to article 2, the transmission of such programs is compulsory for the
public service (RAI) and for private national concessionaires transmitting free
on air. Detailed provisions establish the criteria relating to the presence (on
screen or on radio) of political subjects (i.e. proportionate to the degree of
representation of the political party), the duration of political
advertisements, and the transmission of news.
AGCOM has applied these rules for the first time during the
campaign for the administrative election held on April 16, 2000 and then again
for the referendum of May 21, 2000.
| 
