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can Sky purchase of digital terrestrial frequencies?
"Yes," according to the European Union and the Authority Communication Authority, provided that the channels offered to viewers by the company to Rupert Murdoch are not paid.
"Maybe," according to the Italian government, which on the basis of this "doubt" shall be suspended for months the competition for the allocation of new frequencies. A damage level of competition and pluralist character of Italian television, and exclusive benefit of the current digital terrestrial operators, all Mediaset ( mediaset premium offers, promotions mdiaset premium ) and Rai.
La vicenda inizia nei primi mesi del 2010, quando trapela la notizia secondo cui la Commissione Europea stia per autorizzare Sky Italia a partecipare alla gara per le frequenze, sollevando l’azienda da un impegno sottoscritto nel 2003 e che le impediva fino al 31 dicembre 2011 di entrare nel settore del digitale terrestre.
Fiutata l’aria, l’allora viceministro allo Sviluppo Economico Paolo Romani, intento a redigere la gara per le frequenze, inizia a far circolare una certa tesi: l’Italia può affidare frequenze tv ad un’impresa straniera solo se un’impresa italiana nel paese di provenienza di tale operatore può fare altrettanto. Un principio di reciprocità, insomma, che Deputy derives from even a preliminary antiquated provision of the Civil Code.
In June, asking on behalf of Roman law at the American Foreign Ministry. This clearly locates what the deputy minister was seeking: the Communications Act of 1934, which prohibits a foreign company to own a broadcasting license in the United States. It does not add, the Foreign Ministry that the U.S. ban applies only to foreign companies, not to companies established in the U.S. but held by foreigners: as you know giustappunto Mediaset, the U.S. committed to launching its platform in the Italian language. Conversely, then, Murdoch's News Corp may operate in Italy with the independent Sky Italy under Italian law. But This evidence, in the inter-ministerial correspondence, there is no trace.
In July of 2010, comes the awaited decision of the European Commission, in favor of Sky Italy: Brussels recognizes that since 2003 the television industry has changed dramatically, so much exhausted to consider the possible risks to competition as a result of the presence Satellite giant also on the digital platform.
of the announcement, meanwhile, seems lost. Months went by, the commissioner Joaquim Almunia urges more times the Italian Government to proceed, but the Romans (now promoted to minister) is a deaf ear. In fact, raises the question of "reciprocity": December 7, the Ministry of Economic Development shall submit to the Council of State a question shed some light, that could "clear up any possible misunderstanding - according to an official statement of 9 December - how it should be understood the principle of reciprocity between countries (...) with particular reference, of course, to those outside of the EU '. "
On December 20 arrives, laconic, the response of the State Council: the question of the Ministry is formulated in too "general and synthetic" and "without an argument illustration of the problem areas." In a nutshell, the administrative judge says the executive, if you want to ask an opinion, let me a specific question about a particular concern, since the question of reciprocity is a non-issue. Knowing where the government wants to end up, however, the State Council calls into question the Agcom, which calls on an observation technique. And the opinion of the independent is clear: what matters to evaluate the access of a person outside Europe to the field of digital frequencies, is the company's factory in Italy or the European Economic Area, not the nationality of the shareholder majority. In short, for there are no problems Agcom purchase of digital terrestrial frequencies by Sky. But Romans
weaves and pulls the canvas: on the one hand recognizes "a European vision" compatibility Sky Italy's participation in the tender, the other is still talking about "some special relation to the law that go out to tender." Reformulate the request for an opinion to the Council of State and takes time. When asked on behalf of the government's position - as he did last week with a Parliamentary Benedetto Della Vedova - responds by Lawyers, evokes a bit 'protectionist the need to protect the investments of small local television, referring to foreign competition indefinitely the race for the new frequencies (now talking about March, but who knows ...).
tell the facts, let's try to analyze them briefly. It often happens that a government tries to restrict foreign competition experienced by national companies. It is a usual "shortsightedness" economy, which hampers innovation, harm consumers' interests and takes away from the country's new capital.
But in the case of Sky and digital terrestrial frequencies, this approach is not only shortsighted, but highly "inappropriate." If
was only one operator Mediaset Italian television, put away the competition by a partisan government, we would have to be upset in front of an attitude so chauvinistic. Unfortunately this is a family jewel President of the Council: the protector and the protected overlap, there is the breath of Mediaset neck of the government, every day of delay in the tender for the new digital frequencies allows you to enjoy a true Alfa advantageous position.
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