With its decision of February 10th, the Council of State (Italian Supreme Administrative Court) suspended ,as a precautionary measure, the enforceability of the judgment by which the TAR Lazio (first instance administrative court) declared illegal the LCN system (Logical Channel Number), imposed by the Italian Communications Regulatory Authority in its TV frequencies National Plan.
The TAR judgment, now appealed by RTI, RAI and numerous other television companies together, stated that the system imposed by AGCOM and implemented to manage TV frequencies would be illegal, since it would grant traditional TV operators “more visiblity”, by placing their channels on positions easy to remember, on the TV remote.

The first-degree appeal was brought on by SKY Italia, who has always lamented being discriminated, since the launch of its free thematic channel on digital terrestrial frequencies: as a result, the TAR declared void the automated
system imposed by AGCOM.

While we wait for the decision of the State Council on the merits of the appeal
brought by the rivals of SKY Italia, we can merely note that, in hindsight, the
disruption of the positions of the digital terrestrial channels on the remote
control will only further discourage the average viewer, whose patience has
been sorely tested by the continuous need to retune his TV each month, during
these three years of slow switch-off to digital terrestrial television.

Hoping the Council of State to throughly evaluate the interests at stake and
the issues underlying the case, we will keep a watchful eye – it is appropriate
to say – over it.