OpenLegislation

Division COMMUNICATIONS AUTHORITY

United Kingdom

Original text. Later amendments are not shown.

[Autorità per le Garanzie nelle Comunicazioni]

ANNEX A TO DECISION No 131/12/CONS OF 15 MARCH 2012

LIST OF EVENTS OF PARTICULAR IMPORTANCE FOR SOCIETY THAT MUST BE BROADCAST ON FREE-TO-AIR CHANNELS

(text with Community relevance)

Events of major importance for society

Article 1
1.

This Decision concerns the television broadcasting of events considered of major importance for society.

2.

For the purposes of this list:

  1. A..

    An “event of major importance for society” means an event of a sporting or non-sporting nature which satisfies at least two of the following four criteria:

    1. (a)

      the event and its outcome are of special and widespread interest in Italy, including to persons other than those who usually watch this type of event;

    2. (b)

      the event enjoys widespread recognition by the general public, has particular cultural significance and strengthens Italian cultural identity;

    3. (c)

      the event involves the national team in a specific sporting discipline in a major international tournament;

    4. (d)

      the event has traditionally been broadcast on free television and has enjoyed high viewing figures in Italy.

  2. B..

    A “qualifying broadcaster” means a television broadcaster subject to Italian jurisdiction capable of guaranteeing that at least 80 % of the Italian population may follow these events on a free-to-air channel without additional costs.

List of events and conditions for the exercise of broadcasting rights

Article 2
1.

The Authority has established the following lists of events considered of major importance for society that broadcasters subject to Italian jurisdiction may not transmit on an exclusive basis and in encrypted form only, in order to ensure that at least 80 % of the Italian population may follow them on a free-to-air channel without additional costs:

(a)

the summer and winter Olympic Games;

(b)

the football World Cup final and all matches involving the Italian national team;

(c)

the European Football Championship final and all matches involving the Italian national team;

(d)

all matches involving the Italian national football team, at home and away, in official competitions;

(e)

the final and semi-finals of the Champions League and the Europa League when an Italian team is involved;

(f)

the Giro d’Italia (Tour of Italy) cycling race;

(g)

the Italian Formula One Grand Prix;

(h)

the Italian MotoGP Grand Prix;

(i)

the finals and semi-finals of the world championships of basketball, water polo, volleyball and rugby when the Italian national team is involved;

(j)

Six Nations rugby matches involving the Italian national team;

(k)

the final and semi-finals of the Davis Cup and the Fed Cup when the Italian national team is involved and of the Italian Open tennis tournament when Italian players are involved;

(l)

the bicycle road racing world championship;

(m)

the Sanremo Italian music festival;

(n)

the opening night of the opera season at La Scala in Milan;

(o)

the New Year concert at La Fenice in Venice.

2.

The events referred to in points (b) and (c) in paragraph 1 must be broadcast live in full. For the other events, television broadcasters may decide on the manner of free-to-air broadcasting, with the option of broadcasting live in full or in part or deferred in full or in part.

3.

Where the broadcasting rights for one or more of the events referred to in paragraph 1 are acquired by a non-qualified broadcaster, the latter shall, a reasonable period in advance, publish on its website its proposal to cede, on fair, reasonable and non-discriminatory market conditions, rights allowing the event to be broadcast under the conditions referred to in paragraph 1, simultaneously notifying it to the Authority.

4.

If no qualified broadcaster submits a bid, or if bids submitted are not based on fair, reasonable and non-discriminatory market conditions, the broadcaster holding the rights may exercise them, derogating from the conditions under paragraph 1.

5.

The Authority reserves the right to amend, after an appropriate period, its Decision, the list in paragraph 1 and the conditions in paragraph 2.

Procedure for disputes

Article 3
1.

In the event of disputes between broadcasters concerning the broadcasting of an event included in the list in Article 2(1) as regards the technical arrangements for broadcasting and the payment of a fair fee for the sub-licensing of exclusive broadcasting rights, the procedural rules laid down in the Regulation annexed to Decision No 352/08/CONS shall apply, with the powers attributed by that Regulation to the Committee for Infrastructure and Networks being understood as being attributed to the Council, the “Directorate” being understood as the Media Services Directorate and the “Director” being understood as the Director of the Media Services Directorate.