The ANCIENT UNDERSECRETARY of STATE having regard to the law of December 23, 1999 # 488, containing "Provisions for the preparation of annual and multiannual budgetary aid", and in particular article 27; Having regard to the Legislative Decree of August 10, 2003, # 259 bearing the "code of electronic communications", and in particular article 35; Having regard to the Legislative Decree of July 31, 2005, n. 177 on the "single text of radio and audiovisual media services"; Having regard to the Decree of March 2, 2012, n. 16, converted with amendments by law of April 26, 2002, # 44 and in particular art. 3-d containing "urgent measures for the efficient use and the economic value of the radio spectrum and contributions for the use of television frequencies"; Having regard to resolution 353/11/Cons of authority for communications guarantees June 23, 2011, establishing a "New regulation on the digital terrestrial television broadcasting"; Having regard to resolution 568/13/Cons of authority for guarantees of communications of 15 October laying "Determination for the year 2013 contributions for use of digital terrestrial television frequencies"; Having regard to resolution 494/14/Cons of authority for guarantees of communications of September 30, 2014 on "criteria for the establishment by the Ministry of economic development of annual fees for the use of frequencies in the bands of terrestrial television"; See in particular the provisions in paragraphs 4 and 7 of article. 3-quinquies of Decree-Law No March 2, 2012. 16, converted with amendments by law of April 26, 2002, no. 44 to the effect that "... the new system of contributions is applied progressively starting from January 1, 2013 ..." and "... must not derive new or increased charges for public finance"; Having regard to the letter sent by the European Commission to the authority for communications guarantees and the Ministry of economic development on July 18, 2014 the Commission states that "in accordance with art. 13 of the authorisation directive (Directive 2002/20/EC) ... must be objectively justified, transparent, non-discriminatory and proportionate to the aim pursued. ... "; Considering that it is necessary to distinguish the contributory scheme applicable to network operators, since assignees of rights of use of frequencies, from the contributory scheme of subjects different also legally, such as service providers, in view of the current regulatory framework; Given the impossibility of reconciling the policy of progressive nature ', as per paragraph 4 of art. 3-d, with the provisions of paragraph 7 of the same article and the principles of proportionality and non-discrimination laid down by Community legislation, taking into account the criteria established in resolution 494/14/Cons of authority for guarantees in communications; Having regard to the needs, pending the adoption of the ministerial decision that defines the new contributory scheme for the use of television frequencies, of dover, however, provide a revenue stream to the budget of the State for the year 2014; Having regard to the Decree of the President of the Council of Ministers No. 158 of December 5, 2013 on "organisational regulations of the Ministry of economic development"; Having regard to the Decree of the Minister of economic development May 30, 2014 on "delegation of powers to the State Secretary, On. the Antonello Giacomelli "published in the Official Journal No. 162 of July 15, 2014;
Decree Art. 1 1. As a transitional measure, pending the determination by the Ministry of economic development, with subsequent Decree, contributions for the use of frequencies in the bands of terrestrial television, network operators are required to pay by January 31, 2015, in advance of the charge payable for the financial year 2014, an amount equal to 40 per cent of the amount paid in the year 2013. 2. As proof of payment the companies are required to transmit within ten days to the Ministry copy of proof of payment. 3. In case of delayed payment the sums increased interest calculated at the statutory rate in force after the expiry date indicated in paragraph 1. 4. In the event of non-payment of the contribution and interest, where due, it assumes responsibility for recovery under the legal provisions.