Liberalization of postal services, copyright law and the Authority for Communications Guarantees.

A widely circulated newspaper reports the news that in the discussion on 22 December in the Italian Council of Ministers for preliminary examination of the Decree referred to as “Implementation of Directive 2008/6/EC, amending Directive 97/67/EC concerning the full accomplishment of the internal market of Community postal services “, that the legislative decree which transpose the European directive on the liberalization of postal services, Minister for Economic Development would have made an unusual proposal.

Minister for Economic Development,  decided to “depart” below the European declaring themselves to be the externalization of services regulation and supervision of the competition of liberalized services to Independent Administrative Authorities not attributing this role to the Authority for the communications, which logically seems to be the most suitable body to carry out their duties.

The Minister would have instead proposed the establishment of a new agency which borrows its staff from the offices of the Ministry so far have taken the matter in the inheritance left to the Ministry of Communications under the former system of monopolies.

However, the question of why there should be established a new agency with new staff due to the presence of the structure’s analysis, which appears ready to play its role, but above all it seems safe to place a question that is not the head referred to above.

Why the Minister has left “shine” on February 2010, a possible competence for  the Authority for guarantees in communications in the field of copyright that, historically and currently, has nothing to do with the regulatory activities of competition in the telecommunications sector, and which gave rise to the issue ( on Christmas eve) of resolution 668/2010, which threatens to completely distort the role of exposing both the itself to criticism and wants to deprive performers of today instead of “right” skills in terms of regulation and competition in sectors being liberalized, as requested by the EU directives on liberalization?

Fulvio Sarzana
Studio Legale Roma Sarzana & Associati
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