AUDIOVISUAL POLICY : ITALIAN SPECTRUM ALLOCATION SCHEME NOT COMPLIANT WITH EU LAW.
The European Court of Justice (ECJ) concluded (in Case C-380/05) on 31 January that the Italian spectrum allocation scheme for radiofrequencies for broadcasting activities is not compliant with Community law.
The litigation pitted the private channel Centro Europa 7 against the Italian communication minister. The channel complained as it was not able to broadcast even once it had been authorised, in 1999, at national level in analogue. The problem was that it never received the necessary radiofrequencies.
Centro Europa 7 therefore asked that its right to use the frequencies as well as damages suffered be recognised. The request was rejected by the administrative jurisdiction in September 2004. The case was referred to the Italian council of state, which questioned the ECJ on the interpretation to be given to EU law on granting radiofrequencies on the market for television broadcasting.
The successive laws, which have perpetuated a transitional scheme, "had the effect of blocking the radio frequencies intended for allocation to the rights holders" responds the ECJ. Furthermore, according to the ECJ, the Italian legislation had the effect of "preventing operators other than those de facto broadcasting on terrestrial frequencies from participating in digital television experimentation".
Nor does Italy respond to EU criteria on public interest objectives (objectivity, transparency, non-discrimination, proportionality).
To make room for Centro Europa 7, Rete 4 of the Mediaset group could be force to move to satellite broadcasts. But...
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