1 TacLine Project Meeting Ancona 14.02.2006 Italian and European Legislation on Electronic Communications Flavio Corradini Università di Camerino, Italy

TacLine Project Meeting 1Ancona 14.02.2006

Italian and European Legislation on Electronic Communications

Flavio CorradiniUniversità di Camerino, ItalyDipartimento di Matematica e InformaticaGruppo UEG – UNICAM e-Government Research [email protected]

Thanks to: Francesca VitiAndrea Lazzari Fausto MarcantoniAlberto Polzonetti


Some European Community Directives

• Directive 2002/19/CE of the European Parliament and the Council, of 7 March 2002, relative to the access to the networks of telecommunication and to the resources correlated, and to the interconnection (directive for access);

• Directive 2002/20/CE of the European Parliament and the Council, of 7 March 2002T relating to authorization of electronic communications networks (directive for authorizations)

• Directive 2002/21/CE of the European Parliament and the Council, of 7 March 2002, that institutes a common normative for electronic communications networks and services (main directive);

• Directive 2002/22/CE of the European Parliament and the Council, 7 March 2002, relative to the universal service and the rights of the customers in matter of electronic communications networks and services (directive for universal service);

• Directive 2002/77/CE of the Committee of 16 September 2002, related to the competition in the electronic communications networks and services market;

• Decision n. 676/2002/CE of the European Parliament and the Council, 7 March 2002, relative to a normative for politics in radio spectrum matter in the European Community (Radio spectrum Decision);


Italian Directives

Legislative decree n. 259 dated August 1° 2003, commonly called Electronic Communications Code (221

articles).

It essentially inherit the European Community Directives delivered in 2002


Public and Private Communication Networks

Public Use Communication Network: is a network of electronic communication and services entirely or primarily used to supply electronic communication services to the public users.

Private Use Communication Network: is a network of electronic communication and services that are exclusively developed in the holder proper interest and not used to supply the public with available services

The distinction has remarkable consequences since different operative disciplines concerning the involved subjects, general conditions and limits on the use have to be taken into account.


Public Administrations and Private Networks

Public administrations can provide, in the exclusive interest of their own services, to the construction and the installation of electronic communication equipments.


Public Networks and Operators

The Code of Electronic Communications forbids the State, the Regions and the Local Authorities or their associations to supply electronic communication networks or electronic communication services accessible to the public users…..

… but it is possible for a public administration to supply the public with electronic communication networks and services through State-controlled or connected Companies.


How a Public Administration can realize Private use Networks - 1

For what it concern the competence of the Regions, they can set agreements with other States and public partners, as regulated by the laws of the State.

The Electronic Communication Code affirms that Regions and Local Administrations are competent to emanate dispositions on facilitation and promotion of broad band services in order to stimulate their fruition and availability in the public structures of the territory.

Summing up, Marche Region and Zara County can have their own communication network provided they stipulate a proper agreement for that reason and Marche Region (at least) has dispositions for doing this.


How a Public Administration can realize Private use Networks - 2

The realization of an infrastructure of a private use electronic communication network, between the Marche region and the county of Zara, can be considered as regulated art. 6, paragraph 3, of the law 131/2003.

It is required, by the Region, a simple communication to the Presidency of the Ministers and to the Minister of the Foreign Affairs.

After 30 days the Region can sign the agreement.


How to realize a Public use Communication Network - 1

A so-called General Authorization is needed. It has to be asked to the Minister of Communications.

The general authorization includes a notification of the “beginning of the activities”. The notification constitutes report of activity beginning.

Only in the case of verified lack of the presuppositions and requisite foreseen by the law, and within the maximum term of 60 days, the Ministry can, with motivated provision, notify the prohibition of prosecution of the initiated activity.

The authorization has a twenty year of duration and is renewable.


How to realize a Public use Communication Network – 2

Further to the notification/authorization, the company has to be registered in the registry of communication operators which, in Italy, is kept by an apposite Authority (Guarantee Authority for Communications).

After registration to the registry of communication operators, the company has to correspond administrative contributions to cover the costs of management, control and verification of the general authorizations norm frame.


Radio Frequences Assigment

Radio frequencies and numeration resources are – vice versa – subjected to a special concession

The Minister provides individual rights attribution of radio frequencies or numbers, after request, to each company that provides communication networks and electronic services and that is under general authorization regime.

The Ministry predisposes the National Plan of Division of the frequencies that classifies the kind of services that can be performed on every frequency band and possible limitations to Public Administration.

The general authorization includes the contributions to be paid for administration


Radio Frequency Request made Easier

In some cases it is not necessary to request the individual rights attribution even for radio frequencies.

Some frequencies, indeed, can be used by several subjects contemporarily and the risk of dangerous interferences is not significant (Ex: Wi-Fi 2,4 GHz e 5 GHz)


How to realize a Private use Communication Network -1

The general authorization is necessary in different cases, among which:

(i) the installation of one or more radio-electric stations and relative earth and satellite connections and the installation or exercise of systems that require frequencies bands,

(ii) the installation or exercise of electronic communication networks on physical infrastructure… and

(iii) the installation or exercise of systems that imply collective frequencies bands


How to realize a Private use Communication Network -2

The General Authorization includes a declaration of the interested subject must have be presented to the Ministerial Office with a proper specification of the used technology.

Also in this case, the concession of the rights of frequencies user needs special request.

The consequent confirmation will be emanated within six weeks from the receipt. Such authorizations last 10 years and are renewable


Then Installing Infrastructures

On the actual realization of the designed infrastructure and …

… what are the rights received by the general authorization


Rights and General Authorization of Public Use Networks

The general authorization for public use nets gives some rights, first of which (i) the right of to supply electronic communication nets and services to the public and also (ii) the right to ask for the specific authorizations to install infrastructures

The Code for Electronic Communications prefigures a double road to obtain the rights for infrastructures installation: a provision of the competent territorial authority (usually the Municipalities) or the negotiation of an agreement between the local entity and the operator concerning the location and the sharing of the infrastructures.


Radio-electric Plants Installation – Public Use Comm.tions Networks -1

The subjects entitled to present requests, namely, those who have the building area at their disposal must ALSO ask a further permission to the territorial authority concerning the “environmental impact”.

The authorization to install infrastructures depends on a conformity certificate issued by the (ARPAM) Regional Agency for Environmental Protection which contrasts the project with respect to the limits provided by electro-magnetic emission normative.



The requests are accepted if within 90 days from presentation date, no objection by the Municipality is emanated.

The works must be realized within the term of 12 months from the authorization, or, in the absence of an express provision, within 12 months from the expiring of the silence-assent (90 days).



No authorization is required, but it is enough a simple declaration of beginning of activity to the Local Authority when the installation concerns low powered equipments (equal or inferior to 20 Watts).

There is of course a check by ARPAM.

In such a case the declaration of activity beginning doesn't allow the immediate beginning of the activity of installation, but the silence-assent regime has to be considered (90 days) .


Rights and General Authorization of Private Use Networks

Also the installation of private use infrastructures involves the observance of the safety norms, of environmental protection, of health of the population and urbanisms.

This situation has a simpler solution since the General Authorization also contains and auto-declaration that all the involved normatives are respected.

Administrative contributions of private use communication networks lower with respect to public use communication networks


Other Verified Hypothesis

The presented document also discusses other situations and other technologies such as (i) satellite transmission and connections and (ii) optical fibers

Documents

1 TacLine Project Meeting Ancona 14.02.2006 Italian and European Legislation on Electronic Communications Flavio Corradini Università di Camerino, Italy