Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 09 FEBRUARY 2006

Digital Terrestrial Broadcasting Regulation Impedes Market Access

Portolano Cavallo
Portolano Cavallo
Contributor
Portolano Cavallo

Portolano Cavallo

Portolano Cavallo is a full-service firm assisting clients in litigation, M&A, private...

View firm profile
Explore more from Portolano Cavallo

The Digital Terrestrial Broadcasting Regulation (435/01/CONS), issued by the Italian Communications Authority, distinguishes between broadcasters, content providers and service providers. The regulation sets out the requirements with which each class of television operator must comply in order to obtain the relevant approval (authorization or licence) from the Ministry of Communications.

ItalyMedia, Telecoms, IT, Entertainment
Francesco Portolano
Francesco Portolano

The Digital Terrestrial Broadcasting Regulation (435/01/CONS), issued by the Italian Communications Authority, distinguishes between broadcasters, content providers and service providers. The regulation sets out the requirements with which each class of television operator must comply in order to obtain the relevant approval (authorization or licence) from the Ministry of Communications.

However, the requirements for becoming a digital terrestrial television content provider set forth by the regulation may create a potential obstacle to market access.

'Broadcaster' and 'Content Provider'

A broadcaster has

"the right to install, operate and provide an electronic communications network and facilities for the broadcasting, multiplexing, distribution and diffusion of the frequency resources allowing the broadcasting of diffusion blocks to users

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

The New FIFA Regulations On The Status And Transfer Of Players: What Changes In The 'Post-Diarra' Era For Players And Clubs?

FIFA's revised Regulations on the Status and Transfer of Players introduce sweeping changes to international football governance, fundamentally reshaping how player contracts, transfers, and compensation disputes are handled. Following the landmark Diarra judgment by the CJEU, these reforms establish a more collaborative regulatory framework that balances contractual stability with enhanced player protections and mobility rights.
ItalyMedia, Telecoms, IT, Entertainment
Withers LLP
Withers LLP
Article

The Reform Of Italian Football: Initial Remarks On The Latest Draft Bill

Italy's football system faces a critical juncture following three consecutive World Cup qualification failures, prompting a comprehensive draft bill that targets structural reforms across agent fees, transfer guarantees, and youth development. With the sector generating over one billion euros annually yet burdened by €5.5 billion in debt, the proposed legislation seeks to transform Italian football from a cost center into a competitive asset for future national teams.
ItalyMedia, Telecoms, IT, Entertainment
Withers LLP
Withers LLP
Article

Territorial Exclusivity Agreements On Transmission Of Football Matches Appears Contrary To EU Law

On February 3 2011 the European Court of Justice (ECJ) Advocate General Juliane Kokott issued a nonbinding opinion that broadcasters cannot prevent consumers in the United Kingdom from using cheaper foreign satellite television equipment to watch Premier League football matches, as this is contrary to the free movement of services within the European Union (Premier League and others v QC Leisure and others and Karen Murphy v Media Protection Services Ltd, joined cases C-403/08 and C-429/08).
ItalyMedia, Telecoms, IT, Entertainment
Portolano Cavallo
Portolano Cavallo
Article

CJEU Ruling: Streaming Platforms Cannot Exclude The Consumer’s Right Of Withdrawal

The Court of Justice of the European Union has ruled that subscription-based streaming services qualify as "digital services" rather than "digital content" under EU consumer rights law, fundamentally changing how providers can handle withdrawal rights. This classification means consumers retain their full 14-day statutory withdrawal period regardless of any upfront waiver clauses they signed at sign-up, though providers may claim proportionate compensation for content accessed. The judgment centers on a dis
European UnionConsumer Protection
Portolano Cavallo
Portolano Cavallo
Article

The Data Left Behind: Players’ Performance Data And The Rights To Access And Portability On Transfer

Football clubs routinely collect biometric performance data on players through wearables and monitoring systems, yet when a player transfers to a new club, this valuable dataset typically remains with the selling club rather than following the athlete. Under GDPR, performance data qualifies as personal data—often special category health data—raising complex questions about portability rights, lawful processing bases, and whether players can compel clubs to transfer their historical metrics. The
ItalyPrivacy
Portolano Cavallo
Portolano Cavallo
Article

Territorial Exclusivity Agreements On Transmission Of Football Matches Appears Contrary To EU Law

On February 3 2011 the European Court of Justice (ECJ) Advocate General Juliane Kokott issued a nonbinding opinion that broadcasters cannot prevent consumers in the United Kingdom from using cheaper foreign satellite television equipment to watch Premier League football matches, as this is contrary to the free movement of services within the European Union (Premier League and others v QC Leisure and others and Karen Murphy v Media Protection Services Ltd, joined cases C-403/08 and C-429/08).
ItalyMedia, Telecoms, IT, Entertainment
Portolano Cavallo
Portolano Cavallo