Case Europa7 
TravaglioMicromega Marco, 02/2008
This is the story of the national broadcaster, which should show on our television screens along with Rai, Mediaset ones (only two, though) and LA7 from 1999 , when he obtained state grant. But he never could get on the air even for a minute, because its frequencies are occupied by Rete 4, that the grant has lost nine years ago, but continues to occupy "in extension" by the governments of the center and center-right. This is the story of an entrepreneur, Francesco Di Stefano, whose only mistake of believing in the laws of the State and competition. So, it was punished.
Maccanico Spa Repair
all began in 1996, when it comes to the Prodi government. Communications Minister Antonio Maccanico presented two bills to reform the tv: the 1021 shape the contours of the new Communications Authority, which must be launched immediately for the privatization of STET, the 1138 clears the broadcasting sector, with a lot of antitrust rules to be applied by August 28, 1996. Since that day, as agreed upon in 1994, the Constitutional Court, must sell Mediaset network, or send on the satellite. Meanwhile, however, by an agreement between D'Alema and Berlusconi, born Bicameral to reform the Constitution: a bargaining chip, the future of television (and criminal) of the Knight. During the holidays Maccanico announced a decree to save Rete 4-avoid passing through the satellite on August 28: "They use all the reasons for urgent action in order to prevent the legislation on the tv remains discovered after August 28 and thus avoid the risk that some magistrate may overshadow all of a sudden the antennas private. But the deputy Walter Veltroni does not agree: "For the TV today I do not see need for urgency. If time limits within which the allocation of frequencies should be amended as requested by the Advisory, obscuring any magistrate broadcaster should intervene, we will see what to do. We do not have some interest in seeing off a tv Fininvest. It comes into play Gianni Letta, the ambassador of Mediaset, which runs between the palaces of power and offers the support of the sale of the Polo Stet, opposed by Bertinotti in exchange for saving Rete 4. Veltroni recoils, and this is the decree-saving Rete 4: the Government gives an extension of 5 months in all three Mediaset channels, waiting for the "great reform" Maccanico. That while lands to the Committee on Public Works and Telecommunications of the Senate, chaired by Claudio Petruccioli. There is obstruction of the center-weapon White: thousands of amendments, continuous requests for reference. You get to end year with nothing. The extension of August is about to expire. Rete 4 satellite will be finally on? Not a chance. Maccanico, the sly, signs a pact with another Pole. E 'December 17, 1996: in front of the House leader forzista Beppe Pisanu, Minister signed twenty lines on the letterhead of the ministry, Curzio Maltese called the "Treaty of Versailles of the TV." We read: "The minister for the government and Mr Maccanico. Pisanu for the Pole, in granting the amendment to the bill converting Decree Law of October 23, 1996, No 545 [for the extension of the three Mediaset networks, ed], have pledged to promote The final vote of all the by-laws before Parliament. " The center puts an end to the obstruction, while Polo and Olive "also undertakes" to go ahead after Christmas: "1) Financial data related to the bill '97 [...], the establishment of the bicameral bill Election Rebuffi [no more proportional share, ed], 2) examining the reform of telecommunications and broadcasting system [...]; 3) examination of the measures of justice. " All in one pot. In December '96 the Olive Tree offers yet another extension to Mediaset. And in February '97, with the votes of Forza Italy, D'Alema was elected president of the Bicameral. Followed by two years of unbridled mess: it seems to pass a bad law on serious TV. In fact, the two landed classroom Maccanico bill the Senate approved only what is pleasing to the Pole: the 1021, establishing the Authority and includes a fake anti-trust principle. The new Law 249 requires, yes, no one can collect more than 30% of the resources of the television market, which is advertising, and that others can not hold more than 20% of the national frequency. But the enforcement of these roofs must think about the new Authority, which will become active only when they exist in Italy, "an effective and appropriate development of the user television satellite or cable. " Only then will Rete 4 on satellite and Rai3 broadcast without commercials. I mean ever. What do you mean "reasonable development" of the satellite? Nobody knows. This is also why the party-based company says yes. And the rest of the "great reform"? The 1138 bill back ruefully at the Public Works Committee, and there will remain mired in the quicksand for three years, under the gaze of President sleepy Petruccioli and the concentrated fire of the amendments Berlusconi.
not disturb the shunter
The newly formed Authority for Communications - Agcom, stuffed with party men (the chairman is the former Socialist Enzo Cheli stand out among the Commissioners and a man close to Mediaset, as superconsulente Antonio Pilati and an old friend of the Knight as Alfredo Meocci) - take it easy and set to work only in 1998. But shortly after Rifondazione down the Prodi government, replaced by D'Alema, who carries a patrol of exiles from the Pole to the following Cossiga, Mastella and Buttiglione. It is the death of the Olive. Agcom presents new plan for the frequencies and launched the tender for delivery of the 8 national TV licenses available. Berlusconi plans to consecrate the status quo for ever reached so far with blows of a fait accompli. But it is just the imponderable. In addition to the usual groups Rai, Mediaset and Telemontecarlo that share the ether for a lifetime, also has application for an outsider: Francesco Di Stefano. Who is this cheeky who dares to break the eggs in the basket to the antenna monopolists and their political patrons? A contractor then quarantaseienne Abruzzo, which is active in 70 years, when Rome took over the Tvr Voxon. Then, step by step, has widened. He created a network of local television for 8 hours a day by broadcasting the same programs under the symbol of Europe 7. When Agcom publish in the Official Journal on Regulation of the race, Di Stefano pay the required capital of 12 billion lire. On 8 March 1999, the Ministry of Posts establishes criteria for the award of licenses: 1) quality programs (maximum total: 200 points), 2) business plan, investment and development of the network (260 points), 3) Employment (350), 4) experience in the broadcasting sector and other sectors (190 points). Stephen asked for two concessions: one for Europe 7 and 7 Plus The Committee of Experts of the ministry examine all documentation and approve a ranking official. For the first three places are Canale5 (774 points), Italia 1 (604 points) and Rete 4 (565 points). Below, in order, Telepiù white, Tmc, TMC2 Telepiù and black. Europa7 place it in eighth with 347 points, but rose to sixth because Rete4 Telepiù black and will move to satellite after the famous "reasonable Development of the parables. The 7 Plus they are prohibited on the basis of a technicality (Di Stefano will appeal to the Council of State and will get right). Having suffered a right to a national grid is still a real bargain: Europa7 has run especially since won first place for quality programs. On 28 July 1999, the D'Alema government awarded him a license and officially by decree, as stipulated in the law, recalled that this should begin to transmit within six months, ie by 31 January 2000, failing which celebrates and makes Stefano decadenza.Di up a mega-manufacturing center of 22,000 square meters on Via Tiburtina, with 8 recording studios, offices, high technology, library of 3,000 hours of programs and everything you need for a national network of 700 employees. He does not know who is starting for him an endless ordeal. Unlike the other networks already in place for years, the ministerial decree does not specify the frequencies on which we transfer Europa7: speak broadly of "a combination of three channels in a group A, group B and one of a group C '. But unfortunately, the frequencies are occupied by Rete4 Telepiù and black, that is, by Berlusconi, who has no intention to free them. Di Stefano is targeted to the TAR, the State Council, the Constitutional Court.
saves Berlusconi Berlusconi
In November 2002 he returned to be alive Look: just extensions to Rete4, which will migrate to satellite by January 1, 2004. Thus the released spectrum will finally Europa7. Meanwhile Berlusconi returned to the government and, in view of the deadline, instructing special Gasparri provide. The Minister of Communications prepares, with the help of consultants Mediaset, the Gasparri Law: now the ceiling of 20% is calculated on the digital services and analog networks, that is, infinite. So Rete4 does not exceed the new threshold of antitrust and can remain where it is. On 16 December 2003, however, Ciampi rejected the law to the sender. But at year end Berlusconi signed a decree granting Rete4-saving six-month extension pending the Gasparri-2. That is approved April 2004: an excuse to maintain the status quo in spite of the consultation is always digital TV, announced for 2006, which should lead into Italian homes hundreds of new channels, by removing the three of Berlusconi. For the avoidance of doubt, the Articles 20 and 23 actually condone Rete4, recognizing the right to broadcast to "parties who have no interest 'by virtue of frequencies occupying temporary measures, but not in Europe 7, holds a legitimate license. Who lost the race (Rete 4) wins, who won the race (Europa7) perde.Di Stefano did not give up. Rejects invitations to "agree" or "give up" and continues to fight for its rights. On July 12, 2004, assisted by lawyers Grandinetti, Mastroianni and Peace, is directed to the TAR of Lazio to obtain the frequencies and the State € 748 million of damage in five years of forced inactivity. In July 2005 the administrative court rejected his appeal, but he grasps all the Council of State. Which in turn challenges the Court of Justice in Luxembourg because it responds to 10 questions about the compatibility of the Italian rules with legislation comunitaria.Nel May 2006, the center back to the government. On 19 June the European Commission sent a letter to our government of "formal notice" of the RAI-Mediaset duopoly and considered it intolerable that in Italy has access to digital only those who already own broadcasting in analog: that RAI and Mediaset, which exclude competition from new entrants. If the Gasparri will not be dismantled by 2009, Italy will have to pay a fine of up to 400 000 € per day retroactively from 2006. Communications Minister Paolo Gentiloni has two bill on tv: the first concerns the structure of the broadcasting system, with antitrust rules, but only on advertising (Mediaset, which controls 65%, will fall 45), the second concerns the role, properties and criteria for the appointment of the RAI. As the number of nets, nothing changes: in spite of the Consulta, Rete4 get yet another extension. The excuse, as in the Gasparri, is always imminent arrival of digital terrestrial television, now set for 2012 (six years after the date announced by Gasparri). So - down Gentiloni - all national networks will turn off the analog signal and go digital. First, however, by 2009, RAI and Mediaset will have to anticipate the removal of a network to digital. Change something, in view of the principle established by the Advisory? Absolutely nothing. Mediaset will hold its three general networks just like the Rai, pending the completion of digital switchover in 2012. What next? Business as usual: the roof is already fixed by 20% overall market Gasparri TV. Regarding the rights of Europa7, Gentiloni silent on the allocation of frequencies released in 2009. In any case, his two bill will never see the light.
Tsunami Luxembourg
Meanwhile, in Luxembourg, the case proceeds. On 30 November 2006 the European Court meets for the last public hearing. We would expect that to change the government, Italy changes his position, finally recognizing the rights acquired by Europa7. Instead, surprisingly, the state attorney Paul Gentile, representing the Prodi government, it keeps the line of the Berlusconi government defends the Gasparri law. Gentiloni had written to the Secretary to the Prime Minister Enrico Letta to urge him to change the rules of engagement of Avvocatura State. But in vain. The European Union defends a law that promised to dismantle in Italy. On 21 February 2007, after landing in the Gentiloni Parliament, Prodi falls on foreign policy. Then he regains confidence, but by a small program that is no longer any mention of the TV. In September 2007
Advocate General of the European Court of Justice , Portuguese Poiares Maduro, asked the judges to agree with Di Stefano and twisted to the Italian Government: in Italy "for granting private broadcasters are allowed to continue operating, even though they exceeded the threshold antitrust, "while those who had the concession to the post since 1999. But "the expectations of Existing ... do not justify the continuation of a situation in which the rights of new competitors fade away. " On 31 January 2008 the Court issued the ruling last
: The Italian rules allow Rete4 to forward instead of Europa7 are "contrary to Community law," therefore illegal: the Maccanico, rescuing Rete4, the Gasparri law, but also the Gentiloni. All in fact allow an infinite "phase" on Rete 4, which instead should be turned off immediately, without delay, giving what is Europa7 Europa7: "The successive application of the transitional arrangements set up by Law No 249/1997 (Maccanico, ed) and Decree Law No 352/2003 (saving Rete 4, ed) in favor of existing networks had the effect of preventing operators without the transmission frequency of market access. " Ditto for the Gasparri, "providing a general authorization to operate in the market for broadcasting services of the only existing networks, has strengthened the restrictive effect noted in the preceding paragraph" and "prolonged the transitional regime established by Law No 249/1997. The Gasparri and Gentiloni grant extensions pending the forthcoming (?) And digital magic, but the European judges did not stick: "The restrictions can not be justified by the need to ensure a rapid progression to the transmission digital television. Even if such an objective can be an objective of general interest to justify such restrictions, it is clear that the Italian legislation does not merely give professionals a priority right to obtain the frequencies, but gives them that right exclusive, with no time limit as to the situation of privilege and without providing an obligation to repay the frequency threshold after the transition to digital broadcasting. " Conclusion: regulations, directives and regulations "preclude, in television broadcasting matters, national legislation the application of which means that an operator holding a grant is unable to broadcast in the absence of frequencies allocated on the basis of objective, transparent, non discriminatory and proportionate. " A tsunami that sweeps away decades of tele-mess-ups.
Veltrusconi, the latest mess
The sentence is immediately enforceable and the Italian government - even resigned - should apply ipso facto, recovering the frequencies occupied by Rete 4. But the minister Gentiloni us sleeping over a month. Then, in late February, calls on the Council of State advice on what to do: run the sentence immediately or wait until the conclusion of the cause of Europa7? As we write, the State Council is drafting the answer. Meanwhile, set for May 6 hearing to reflect in turn the European verdict: that is to quantify the compensation payable to Europa7 (which asks for more than one billion euro) grant and possibly frequencies required of it (otherwise, the compensation would be multiplied). The bomb started ticking (in parallel with the countdown to the SuperMulti announced by the EU in a year if the Gasparri is still standing). But the politicians pretend to nothing. Only Antonio Di Pietro Beppe Giulietti and asked to give "immediate effect to the European verdict Europa7 and move on Rete 4 on satellite." Subissati criticism, attacks and insults. Mediaset not only from the party. But even the Democratic Party. Terrific commentary by Marco Follini, Berlusconi's former deputy and former secretary of the UDC, who voted for all the shameful laws beginning with the Gasparri and then was promoted to head of the Democratic Party Information: "The position of Pd is contained in the two Gentiloni bill lying in parliament ". Cunning and inconclusive Veltroni: "Our proposal is the same minister Gentiloni and is not punitive. That we need more pluralism is entirely true, fortunately technologies will allow us to do so. " But, as we have seen, was Gentiloni - with yet another "transitional phase" for the eternal proclamation of the wonderful world Rete4 digital - is superseded by decision of Luxembourg. But Veltroni that ruling ignores it. So much so that the program has run the Democratic Party merely write: "compliance with European directives and judgments of the Constitutional Court." And - as is asked of Peter - the Court of Justice. Who fears the mess near future is calm down: Veltrusconi is already among us.
