| B) Measures taken or envisaged by the Member State
All missing or incomplete data from the broadcasters/content providers and all failures to comply with Articles 4 and 5 of the Directive in 2003-2004 have been investigated and sanctioned where necessary.
During the period covered by this report, the reason why the satellite broadcasters/content providers were reporting ‘0’ hours dedicated to works by independent producers was the lack of information regarding the new Broadcasting Act that entered into force at the beginning of 2005. AGCOM sent a letter to each broadcaster/content provider that had reported ‘0’. Some broadcasters reacted and provided the correct figures promptly. Others (the majority) did not. The table sent to the Commission was drafted in September 2007, after receiving the new figures from broadcasters/content providers.
In October 2007, therefore, after receiving the updated information for the year 2006, AGCOM started infringement proceedings against those channels and broadcasters/content providers who appeared to have breached their programming and/or investment obligations.
The following tables summarise the figures on infringements of programming and investment obligations38:
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