In the bottom of the aforementioned resolution in the epigraph, published in the aforementioned ordinary supplement, p. 27, after the signatures, to be considered included the following Annex A: 'ANNEX A to resolution no. 606/10 / CONS of November 25, 2010 REGULATION ON THE MEDIA OF LINEAR AUDIOVISUAL SERVICES ON RADIO OR OTHER MEANS OF ELECTRONIC COMMUNICATIONS IN ACCORDANCE WITH ART. 21, PARAGRAPH 1-BIS, OF THE CONSOLIDATED SERVICES AUDIOVISUAL MEDIA AND RADIO CHAPTER I GENERAL AND AUTHORIZATION Art. 1 Definitions 1. For the purposes of this Regulation shall apply: a) 'Authority' 'means the Authority' for the communications Authority established by Article. 1, paragraph 1, of the law 31 July 1997 n. 249; b) "Ministry": The Ministry of Economic Development; c) "Consolidated": the Consolidated Law of audiovisual and radio media services approved by Legislative Decree 31 July 2005, n. 177, as amended by Legislative Decree 15 March 2010, n. 44; d) "audiovisual media service": 1. a service as defined by Articles 56 and 57 of the Treaty on the Functioning of the EU, and that 'under the responsibility' editorial of a media service provider and the principal purpose and 'the provision of programs in order to inform, entertain or educate the general public by electronic communications networks. Such an audiovisual media service is either television broadcasting, as defined in point i) of Article 2 of the Consolidated Law and, in particular, analogue and digital television, the continuous live broadcast as live streaming, television broadcasting on the internet such as web casting and video on demand as almost the near-video-on-demand, or an audiovisual media service as defined by the letter m) of Article 2 of the Consolidated Law. Do not fall within the definition of "audiovisual media service": - services supplied in the exercise of activities' primarily non-economic and which are not in competition with television broadcasting, such as private websites and services consisting of the provision or distribution of content audiovisual generated by private users for the purpose of sharing and exchange within communities' interest; - Any form of private correspondence, including e-mail messages; - Services whose purposes 'principal is not' the provision of programs; Services where the audiovisual content and 'merely incidental and does not constitute the purpose' main, such as, but not limited to: a) the websites that contain audiovisual elements only accessories, such as animated graphical elements, short advertising spots or information related to a product or audiovisual service; b) online games; c) the search engines; d) the electronic versions of newspapers and magazines; e) self-text services; f) games of chance involving a stake in cash, with the exception of programs devoted to games of chance and luck; or 2. an audiovisual commercial communication; e) "media service provider" means any natural or legal person to whom and 'due responsibility' of editorial choice of the audiovisual content of the audiovisual media service and determines the modalities' organization; are excluded from the definition of "media service provider" means any natural or juridical persons who are only concerned with the transmission of programs for which the responsibility 'publishing lies with third parties; f) "linear audiovisual media service" means an audiovisual media service provided by a media service provider for simultaneous viewing of programs on the basis of a program schedule; g) "radio media service 'means a service as defined by Articles 56 and 57 of the Treaty on the Functioning of the EU, and that' under the responsibility 'editorial by a media service provider and whose main objective is' the supply of audio content and data associated with them, in order to inform, entertain or educate the general public by electronic communications networks other than cable, satellite and terrestrial, and that will be in competition with the radio stations of all ' Article 2, paragraph 1, point bb) of the Consolidated Law; h) "electronic communications network" means transmission systems and, where applicable, switching or routing equipment and other resources which permit the conveyance of signals by wire, by radio, by optical or by other electromagnetic means fibers including satellite networks, and mobile terrestrial networks, circuit-switched and packet-switched, including Internet, networks used for the broadcast of radio and television programs, the systems for the transport of electric current, to the extent that they are used to transmit signals, the cable television networks , regardless of the type of information conveyed; i) "other means of electronic communication" means any electronic communications networks other than coaxial cable, satellite and terrestrial set out in Articles 16, 18, 19, 20 and 21, paragraph 1, of the Consolidated Law, such as, example, the internet also in broadband and mobile networks with the exception of transmissions by DVBH; l) "program" means a set of moving images with or without sound constituting an individual item within a schedule established by a media service provider, whose form and content is comparable to the form and content in television broadcasting. Are not considered merely repetitive broadcasts or programs consisting of still images; m) "programming" means the structure, prepared by a television station or radio, analog or digital, a series of programs unified by the same imprint and for the enjoyment of the public, other than the delayed transmission of the same program schedule, by merely repetitive transmissions, namely the provision, for a fee, of individual programs or packages of programs, linear audiovisual, with possibility 'of purchase by the user even in the moments immediately before the beginning of each program broadcast, or first program, in the case of a package of programs; n) "responsibility 'editorial" the exercise of effective control both over the selection of programs, including the data-programs, and over their organization either in a chronological schedule; o) "conditional access" means any technical measure and the system under which access to the protected service in an intelligible form is made conditional upon prior individual authorization, by the supplier of conditional access services; p) "applicant" means the person making the request for authorization referred to in this provision; 2. Although not specifically provided for in this Article, the definitions contained in Article 2 of the Consolidated Law. Article 2 Scope 1. The attivita 'of communication and provision of audiovisual content via the internet and' free and, in particular, are excluded from the scope of this Regulation: - services supplied in the exercise of activities 'primarily non-economic and which are not in competition with television broadcasting, namely whether excluding services with annual revenues from advertising', telesales, sponsorship, contracts and agreements with public and private entities, public provisions and TV offerings for a fee, not exceeding one hundred thousand euro; - As private websites and services consisting of the provision or distribution of audiovisual content generated by private users that ensure the selection and organization of the contents for the purposes of sharing and exchange within communities' interest, except in case there, in the entities who provide the aggregation of the contents, is the responsibility 'editorial exercised in any way, either an economic exploitation; - Any form of private correspondence, including e-mail messages; - Services whose purposes 'principal is not' the provision of programs; - Services where audiovisual content and 'merely incidental and does not constitute the purpose' main, such as, but not limited to: a) the websites that contain audiovisual elements only accessories, such as animated graphical elements, short advertising spots or information related to a product or an audiovisual service; b) online games; c) the search engines; d) newspapers and online periodicals and electronic editions of newspapers and periodicals; e) self-text services; f) games of chance involving a stake in cash, with the exception of programs devoted to games of chance and luck. 2. This regulation governs only the attivita 'of provision of linear audiovisual media services or radio, also paid, on other electronic media referred to in Article 21, paragraph 1-bis of the Consolidated Law, held under responsibility 'editorial by a service provider medium whose main goal and 'the provision of programs in order to inform, entertain or educate the general public by electronic communications networks, in competition with television broadcasting, and whose annual revenues from advertising', telesales, sponsorship, contracts and agreements with public and private entities, public provisions and pay-TV offers are superior to one hundred thousand Euros, subject to the exemptions referred to in paragraph 3. 3. Do not subject the granting of autonomous authorization: a) the schedules identified from a single brand of duration of less than twenty-four hours per week; b) audiovisual media services closed circuit to closed user groups or in public places, such as, but not limited to: - the sound or audiovisual spreads inside of railway stations, airports, subways, media transport; - Sound or audiovisual spreads at business premises. Article 3 Authorisation 1. The supply of linear radio or audiovisual media services on other means of electronic communication within the scope of application as outlined in Article 2, and 'may be authorized by the Authority'. 2. The authorization referred to in paragraph 1 may 'be issued to companies' capital or persons, company' cooperatives, foundations, associations recognized and unrecognized and individuals that have their registered office or residence in Italy or in a State of the European economic Area, or outside the European economic Area provided that the State where the applicant has its registered office or residence enjoy a reciprocity 'treatment against Italian subjects. They are safe in any case the provisions contained in international agreements. 3. The authorizations referred to in this article may not be issued to individuals or society 'whose legal representatives have been sentenced to imprisonment exceeding six months for non-culpable crime or who are subject to the precautionary measures provided by the law December 27, 1956 , n. 1423, as amended and supplemented, or security measures under Articles 199 and following of the penal code. 4. The authorizations referred to in this article may not be issued to companies 'that have no business purpose is the exercise of attivita' broadcasting, publishing or otherwise, or information related to the show; except as provided for society 'concessionaire of public service broadcasting, public authorities, public bodies, including economic, the companies' publicly owned, and companies and the banks can not, it 'right there' indirectly, be holders of permits for providing linear radio or audiovisual media services on other means of electronic communication. 5. The application for authorization, to be completed according to the schedule set out in Annex 1 shall be submitted by the applicant accompanied by the following documentation: a) for companies', the tax code and the certificate of registration in the Register of Companies concerning the applicant, or substitutive declaration made pursuant to presidential decree No. 445/2000; for individuals, social security number and certificate of registration with the Chamber of Commerce, or substitutive declaration made in accordance with presidential decree No. 445/2000; for representatives of foundations and associations, recognized and unrecognized, tax code and indication of the VAT registration number; b) declaration of having received annual revenues from advertising ', telesales, sponsorship, contracts and agreements with public and private entities, public provisions and TV offers a fee in excess of one hundred thousand euro; c) certificate in original or photocopy notarized in the forms of law, of which the levy was charged art. 6 of this Regulation, or by the performance of the CRO (reference code operation) in the case of payments made electronically; d) the form in Annex 2, relating to the transmission system used signed by the applicant or his legal representative; e) copy of the imprint of the program broadcast, reproduced on letterhead of the company ', dated and signed in accordance with the presidential decree No. 445/2000 by the applicant or the applicant's legal representative. 6. The newly established entities falling within the scope Application as outlined in Article 2 are required to submit the application referred to in paragraph 5 after one year from the start date of the transmissions. 7. E 'obligation to the holders of an authorization under this Article to communicate to the Authority' any changes in the information in the application for authorization as well as' in the documents referred to in paragraph 5. That report shall be made within sixty days of the event giving rise to the obligation of disclosure. 8. The application is deemed accepted pursuant to Article 20 of the Law of 7 August 1990. 241 and subsequent amendments and additions, if the Authority 'does not communicate to the person concerned, within thirty days from the date of application, a measure based on the denial no instance compliance with the requirements of this Regulation, unless the 'interested them take care to comply with the requirements within a period of sixty days from the receipt of the denial notice. 9. The start of the period referred to in paragraph 8 and 'suspended: a) the request for information and / or documents referred to in paragraph 8, on the basis of the dates of the protocol numbers affixed to the correspondence in incoming and outgoing; b) if the applicant has to produce any documentary additions made by other national or foreign public bodies, up to the production of the relevant measures or actions; c) the request by the Authority 'to obtain information or documents to other organizations and third parties, until the acquisition of the same. 10. The Authority 'publish on its website the list of persons who have obtained an authorization pursuant to paragraph 8, and update it regularly. 11. The holders of the authorizations referred to in this Regulation, not yet enrolled in the Register of Communications Operators are required to sign up and make the communications provided by law. Article 4 Providers of linear audiovisual media or radio services authorized abroad 1. The providers of linear audiovisual media services or radio lawfully established in a member state of the European Union or a State party to the Council of Europe Convention on Transfrontier television, and in this legally operate, are not required to seek authorization for the provision of radio or linear audiovisual media services under this Regulation. Article 5 Effective ', renewal and assignment 1. The authorizations referred to in Article 3 shall be valid for a period of twelve years from the date of authorization achievement and may be renewed for successive periods of equal duration. 2. The application for renewal must be submitted at least thirty days before the expiry date of the authorization, to the same procedures' and forms provided for in Article 3 for the application for authorization. 3. During the period of their validity ', the authorizations referred to in this Regulation may be transferred to another person, who meet the requirements of Article 3, after formal notice of withdrawal to the approval of the subject holder for the new entity, to be made within thirty days from the date of signing the transfer act in any capacity. 4. Where the conditions referred to in paragraph 3, the new subject and 'required to submit to the Authority', within thirty days from the date of signing of the act of transfer or merger, a request for adjustment in its favor of ' authorization, attaching to the application a certified copy of the deed of transfer, for whatever reason, of the business unit together with the documentation referred to in Article 3. 5. the authorization referred to in paragraph 3, subject to the validity 'of the same until to its natural end, and subject to their fulfillment of the requirements, and 'adequate by the Authority' accordance with the procedures' and time limits referred to in Article 3. 6. They are subject to the provisions of resolution no. 646/06 / CONS approving the Regulation on the regulation of the procedures for authorizing the transfer of ownership 'of the company' radio and television, the proceedings relating to dominant positions and of the attivita 'verification of concentrations and agreements in the integrated system communications, and subsequent amendments and additions. Article 6 Contributions 1. The applicant for the issuance or renewal of this Regulation, pursuant to Articles 3 and 5, and 'required to make a deposit in favor of the Authority' in repayment of the investigation expenses on the application for authorization. 2. The amount of the fee payable for the issue or renewal of the authorization referred to in this Regulation, and 'equal to € 500.00 for audiovisual services and € 250.00 for radio services. The Authority 'reserves the right to revise this amount in the light of market development. 3. The mode 'of payment of the contributions referred to in this Article shall be indicated on the website of the Authority' www.agcom.it. Article 7 Withdrawal and revocation 1. The Authority 'has, with its reasoned decision, the withdrawal of authorization provided for in Article 3 in the event of transfer, in any form effected, for control of the subject holder of to an organization lacking the objective and subjective requirements of Article 3. 2. the deadline for the adoption of the revocation order and 'sixty days from the date of notification of the initiation. The parties may submit written briefs and documents within fifteen days of receipt of the notice of initiation. unnecessarily After this deadline, the Authority 'proceeds in accordance with law. 3. The authorizations referred to in Article 3 shall automatically terminate: a. following the declaration of bankruptcy of the subject holder, not followed by the authorization of the judge to temporary enterprise; b. following the submission of the subject holder of the authorization to another procedure not followed by authorization to continue provisionally carrying on the business; c. if it is not one of the objective or subjective requirements for the authorization; d. by expiry of the period referred to in Article 5, paragraph 2, in the absence of application for renewal. CHAPTER II RULES APPLICABLE TO HOLDERS OF PERMISSION FOR THE PROVISION OF AUDIOVISUAL MEDIA SERVICES Article 8 LINEAR OR RADIO broadcasting networks and corporate separation 1. For the delivery or distribution of the programs, the holders of an authorization granted pursuant to this Regulation shall use directly or through third parties, equipment, stations and authorized systems in accordance with current legislation. 2. The person who owns the authorization for the provision of radio or linear audiovisual media services under this Regulation is also to electronic communications network operator, and 'required to comply with the obligations and the corporate separation principles laid down' Article 5, paragraph 1, letter g), n. 2, of the Consolidated Law. Article 9 Simultaneous broadcasting 1. The providers of audiovisual media services or radio on terrestrial networks, satellite or cable distribution, in possession of the relevant qualifying title currently valid ', and' allowed without any charge, upon notification to be made to the Authority 'and the Ministry and also including the necessary technical data, the integral simultaneous rebroadcast on other electronic media, subject to the respect of the acquired broadcasting rights. 2. For the providers of linear audiovisual media services or radio on other electronic media, authorized under this Regulation, and 'allowed without any charge, prior notification to be made to the Authority' and the Ministry and also including the technical data needed, full simultaneous retransmission of satellite broadcast networks or cable distribution, subject to the respect of the acquired broadcasting rights. Article 10 Register of programs and keeping of recordings 1. The subjects of authorization holders provided for in Article 3 monthly compile the register of programs according to the simplified model approved by the Authority 'with distinct resolution. 2. The person referred to in paragraph 1 shall retain complete recording of programs transmitted or distributed for the three months following the date of distribution or dissemination of the programs. Registration must make it possible to identify, unequivocally, for each program or portion of a program, information about the date and time dissemination or distribution of recorded programs. 3. The parties which transmit simultaneously identical programming on more 'means of distribution or dissemination in accordance with Article 9, may need to produce a single valid registration for all the means employed, according to the simplified model approved by the Authority' with distinct resolution. Article 11 Guarantees for users and copyright 1. The holders of an authorization referred to in Article 3 must comply with the provisions relating to users of guarantees and royalties referred to in Articles 32 and 32-bis of the Consolidated Law and the implementing provisions adopted by the Authority '. Article 12 Responsibility 'and rectification 1. The holders of an authorization referred to in Article 3 must comply with the provisions of Article 32-d, paragraph 2, of the Consolidated Law Article 13 Communications 1. Holders audiovisual commercial subjects authorization referred to in Article 3 are bound by the provisions on audiovisual commercial communications provided for in articles 36 to 41 of the Consolidated Law, as applicable, and the implementing provisions adopted by the Authority '. Article 14 of Broadcasting and production shares 1. The providers of audiovisual media services authorization holders referred to in Article 3 are required to observe the rules on allowances and audiovisual production referred to in Article 44, paragraphs 1, 2, 3, 5, 6 and 8 of the Consolidated Law and the implementing provisions adopted by the Authority '. Article 15 Protection of minors 1. The holders of an authorization referred to in Article 3 are required to comply with the provisions of art. 34 and 35 bis of the Consolidated Law and the implementing provisions adopted by the Authority '. Article 16 Penalties 1. Without prejudice to Article 51 of the Consolidated Law for violations of the rules mentioned in this Chapter, failure to observe the provisions of Chapter I of this Regulation shall apply the sanctions provided for in Article 1, paragraphs 30 and 31 of the law of 31 July 1997, n. 249. CHAPTER III TRANSITIONAL PROVISIONS Article 17 Transitional provisions 1. The parties providing the date of entry into force of this Regulation the attivita 'of provision of linear radio or audiovisual media services on other means of electronic communication within the scope of as defined in Article 2, may continue the activities 'provided they present to the Authority' the request for authorization referred to in Article 3 or the notification referred to in Article 9 within the period of twelve months from the date of entry into force of this Regulation. To this end, the revenues referred to in Article 2 are as shown in the first statement approved after the entry into force of this Regulation. 2. The persons referred to in paragraph 1 and 'allowed the continuation of the attivita' in the respect of the provisions of Chapter II until achievement authorization referred to in Article 3 or the submission of the notification referred to in Article 9 . ANNEX 1 to the Regulations concerning the provision of linear audiovisual media services on radio or other means of electronic communication with decision no. 606/10 / CONS of November 25, 2010 REQUEST FOR PERMISSION OF LINEAR AUDIOVISUAL MEDIA SERVICES ON RADIO OR OTHER MEANS OF ELECTRONIC COMMUNICATIONS IN ACCORDANCE WITH REGULATION REFERRED TO IN ART. 21, PARAGRAPH 1-BIS, OF THE ACT OF AUDIOVISUAL MEDIA SERVICES AND RADIO Part of the measure in graphical format ANNEX 2 to the Regulation on the provision of linear audiovisual media services or radio on other means of electronic communication with decision no. 606/10 / CONS of November 25, 2010 STATEMENT OF THE TRANSMISSION SYSTEM USED