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Internet service provision was regulated for the rst time by Decreto Legislativo 17 Marzo 1995, n 103 It implemented the Services Directive (90/388/EC) and required preliminary authorization of the Ministry of Communications for Internet service providers to commence activity (article 3(3)) That rule changed in 1997 with the adoption of DPR 19 Settembre 1997, n 318, which extended the general authorization regime to all telecommunications services and networks, with the exception of voice telephony (article 6) With the adoption of the ECC, Internet service provision is included in the general framework of electronic communications service and network provision
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30 See
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article 5 of the Access Directive
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European Telecommunication Law and Community Networks
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543 Radio local area networks
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R-LAN deployment for private use was liberalized in 2001 with DPR 5 Ottobre 2001, n 447 According to article 6, their private use is totally free and not subject to the general authorization The provision of public R-LAN access is regulated by Decreto Ministero delle Comunicazioni 28 Maggio 2003 However, the use of frequencies in the 24000 24835 MHz (24 Ghz), 5001 5350 Mhz, and 5470 5725 Mhz (5 Ghz) bands is subject to general authorization (article 3) Article 6 determines the conditions attached to general authorization with regard to security, integrity and interoperability of networks, technical requirements of the infrastructure, use of access code for users identi cation, and privacy and con dentiality of communications
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544 A case study: Provincia Autonoma di Trento and Informatica Trentina
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In 1983, The Provincia Autonoma di Trento31 created Informatica Trentina Spa, in order to develop an electronic information system to collect and process socio-economic data and to promote administrative automation in local authorities and municipalities within the province32 Informatica Trentina Spa is a public company whose shareholders are, among others, the Provincia Autonoma di Trento, the Municipality of Trento, the Municipality of Rovereto and other local authorities In 1989, Informatica Trentina created TELPAT, a private electronic communication network to provide telecommunications services to local authorities and municipalities, public health facilities, public tourist of ces and other such bodies With TELPAT, Informatica Trentina deployed the Catalogo Bibliogra co Trentino, an electronic bibliographic catalog with more than 150 public and private libraries connected to it and located in the province As a result of the liberalization of the electronic communications sectors, Informatica Trentina became an Internet service provider in 1999, when it created a portal and started offering Internet connectivity to students and teachers from schools within the province,33 in order to promote computer literacy among students Informatica Trentina can be thought of as an example of community network provision that the deregulation and liberalization of a formerly monopolist and closed market eventually made possible
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55 Summary
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This chapter provided a brief description of the European Telecommunication Law, as reshaped by the adoption of the New Regulatory Framework in 2002 Starting in 1986, the national regulations in the telecommunications sector have been liberalized and harmonized by European Community Law, with the aim of building a common
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Autonomous Province of Trento (Italy) is a public local authority with a constitutionally recognized status, similar to that of the Regioni (Regions) It has limited legislative powers For some introductory notes on Italian Constitutional Law and the role of Regions, see [15] particularly p 55 32 Legge Provinciale 6 Maggio 1980, n 10, Istituzione di un sistema informativo elettronico provinciale 33 See http://wwwvivoscuolait
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competitive market The liberalization and harmonization process was characterized by the adoption of an interim regulatory framework, to provide basic common principles in the provision of communications services and to regulate access and interconnection to telecommunications infrastructures controlled by governmental bodies through monopolies and exclusive or special rights The liberalized market required a new coherent set of rules that were enacted with the NRF We outlined the basic principles of the NRF with reference to the provision of community network services The NRF requires European Member States to implement it through the adoption of speci c regulations The new Italian Telecommunications Code was analyzed in order to provide an example of such implementation
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