Infso-2008-00093-00-02-en-rev-01

Type of infringement	EW		RW	IP
Total number of infringements
Year 2005, daily programming schedule	20		23	55	98
Year 2005, peak time	26		19	53	98
Total 2005	46		42	108	196
Year 2006, daily programming schedule	24		26	76	126
Year 2006, peak time	26		26	69	121
Total_2006__50__52'>Total 2006	50		52	145	247
Total	96	94		253		443

Year	Investment in EW	Investment in European films	Total infringements
2005	13	20	33
2006	20	26	46
Total	33	46	79

Around 86 infringement proceedings were opened by AGCOM, each concerning on average 2-4 infringements of the obligation to promote European/independent works.

After receiving a formal letter from AGCOM, nearly 90% of the broadcasters/content providers (who had not reacted previously) stated that they simply ignored the rules on the promotion of European and independent works and that, although several hours of their transmission time were devoted to such works, they had reported ‘0’ simply because they thought the forms and the rules did not apply to them. AGCOM promptly started its investigations, which in many cases are still pending, but the first impression is that the broadcasters/content providers have complied with the obligation to promote European/independent works even though they had reported ‘0’. Only a few appear to have actually failed to meet their obligations, and they have been (or will be shortly) sanctioned accordingly.

• 
  At the moment, AGCOM has already sanctioned 9 channels and is completing infringement proceedings against almost 30 channels that seem to have breached their obligation to promote European/independent works.
  

Of course, the infringement proceedings do not apply to:

• 
  those broadcasters/content providers which did not broadcast at all during the whole year (indicated as ‘NO’: Non-operational);
  
• 
  those broadcasters/content providers which broadcast only works not covered by the obligations (news, sports events, games, advertising, teletext services or teleshopping);
  
• 
  those broadcasters/content providers which, while not complying with the obligation to reserve 50% of their scheduling time for European works, have nonetheless broadcast a percentage of European works higher than 43%;³⁹
  
• 
  those channels which have failed to meet the minimum requirements but are part of a group of channels controlled by a single company/person. In this case, Italian legislation obliges AGCOM to consider only the full broadcasting schedule of all the channels belonging to the same group (provided that each channel reserves for European works a minimum quota of 20% of its transmission time), and not that of a single channel.⁴⁰
  
•