RAI must open free-to-air channels to all viewers

[sofien72tu]

RAI must open free-to-air channels to all viewers
July 13, 2012 08.35 Europe/London By Julian Clover


An Italian administrative court has ruled that RAI is in breach of its public service charter by encrypting its free-to-air channels.

Sky Italia had filed a suit with the TAR administrative court challenging a 2009 decision by the Italian communications regulator AGCOM that permitted RAI to encrypt some programming.

By encrypting its signals RAI has been able to prevent Sky from including the public channel’s satellite services, instead Sky has used a dongle that plugs into the back of its receiver to pull in the channels over DTT.

The RAI channels and those of Mediaset were only available on satellite to those with a card for their Tivusat service. The court said it the procedure amounted to state aid for Tivusat.

“The ruling of the Regional Administrative Court of Lazio is a victory for all Sky subscribers and represents an important reminder that RAI must comply with its public service obligations towards all Italian citizens,” said Andrea Zappia, CEO, Sky Italia. “With this ruling, the Regional Administrative Court reaffirmed a principle of justice and a principle of non-discrimination towards Sky subscribers who, over the last years, have unfortunately seen some programs being blacked out on their Sky decoders – as recently happened again on the occasion of the European Football Championship – even though they pay RAI’s license fee”.

The TAR found the AGCOM decision to be unlawful because as a public service broadcaster its programmes should be available to all.

 

[empb]

I wonder what this will mean for us?

The end of Seca/Mediaguard and a move to Nagra (TivuSat) & Videoguard (Sky)?

Or true FTA, just move copyrighted events to TivuSat channels?

Or a lengthy appeal process where things simply stay the same....

 

[dex1971]

hopefully this mean that Rai has to broadcast also in videoguard to allow sky subscribers to be able to watch it.
Long time ago when in Italy there were 2 different pay tv (Stream and D+) the law required for both of them (and Rai as well) to share the same encryption methods so that people wouldn't be forced to have 2 (or more) different receivers.
That law was then "forgotten" when D+ became Sky and all the relationships with Rai broke down (originally Sky used to broadcast some exclusive Rai Channels as well!).
but knowing how slow the Italian jurisdiction is I don't think anything will happen before 2013!

 

[maumixio]

Nothing will change, this is RAI answer by google transl.:

The Administrative Court's ruling confirms that Rai is applying correctly the existing service contract, which follows the guidelines issued by Agcom of Understanding with the Ministry of Economic Development, and therefore has no obligation to dispose of their free channels.

In fact, the Tar says that "the distribution through a single satellite platform can be considered compatible with the obligations of public service."

It is confirmed that Rai "will enable the provision of its public service programming in all business platforms that will request negotiations under fair, transparent and non-discriminatory and based on conditions verified by the competent authorities", as under Article 4 paragraph .22 of service Agreement 2010-2012, the validity of which has been fully confirmed.