Guilty ones: the citizens


Below I’m publishing the text of Marco Travaglio’s speech.

”Good day to all. I am hoping that it is still possible to say that the speech given by the Head of State to celebrate 2 June that happened yesterday was anything but satisfactory. I for example, didn’t agree with it at all. Not because the principles that he set out are not just: no more intolerance, no more rebellion against the State.
It depends what you are saying and what you are referring to. Was he referring to Bossi?
Bossi who has threatened that if the reforms he wants are not done then he will march on Rome with five hundred thousand people from the Po valley, even though he has yet to find each one of them.
We don’t know whether they will be armed this time, dressed up as Obelix, or in what other costumes they would be present. Was he referring to Berlusconi, who has just rebelled against the State, that is against the arrest ordered by the magistracy of Naples for the rubbish debacle, for the trickery over the rubbish tips, for the rubbish that has not been processed that was hidden underneath thin layers of processed rubbish and perhaps even perfumed with the quick-lime like the intercepts of the entourage of Bertolaso and by the incorruptible FIBE-FISIA of the Impregilo group who have continued to cream off our money without processing a gram of refuse? Was he referring to ….? Who are those that are rebelling against the State?
Are they those that want to abolish the intercepts because they work too well, as has been demonstrated even in this case? Berlusconi has taken advantage of the June 1st reception at the Quirinale to announce a law against intercepts, that is to disarm the magistracy that has already been brought to its knees by 15 years of reforms by the right and the left that will by now very soon give the result of the closure of some tribunals and of some judicial offices that will declare themselves bankrupt. Is the one rebelling against the State, by any chance the one that orders the sampling and analysis to be done at Chiaiano and then gives the results before the sampling has been finished saying that everything is fine and that that is the place to take the rubbish? In one of the few uncontaminated oases where they produce excellent fruit, where there are hospitals only a few metres away, in the centre of the city.
Those who rebel against the State, who are they? Are they those who since 1999 have been trampling all over the verdicts of the Constitutional Court, of the Council of State, of the European Court of Justice, the application of the fine and the infringement procedures by the European Commission in relation to the frequencies conceded to Rete4 that has no concession, instead of to Europa7 that has the concession? Who are they that rebel against the State? The one that was definitively bringing about the bankruptcy of Alitalia after sending away the French of Air France who would probably have saved it?
The one who rebels against the State is it perhaps senator Schifani, the President of the Senate, who is today making gifts of the Constitution to children and who has given his name, Schifani, to one of the most unconstitutional laws in living memory, the “lodo Schifani”, that guaranteed impunity for the 5 highest positions in the State, especially to one, the lowest, and that was incinerated by the Constitutional Court in 2003?
Are the ones who rebel against the State the politicians of Campania, including Napolitano right up to before being elected President of the Republic, because it was there that he had his election base, that have created for 15 years the rubbish crisis and who now are requesting that the very ones who caused it are the ones to resolve it, including Bertolaso, who 2 years ago was the rubbish commissioner and who achieved nothing, like all the others and who today is put forward again, like the salami that always comes to the top, to resolve a problem to which he too has contributed to creating and making worse?
Who is rebelling against the State and who has not given protection to this entrepreneur who had started to speak and so for this reason has been assassinated, like all those who speak in Campania, or in Calabria, or in Sicily?
Is the one who rebels against the State perhaps the one who during the election campaign defined as a “hero” Vittorio Mangano, who was a criminal who didn’t speak? Well then, if in this country the heroes are the mafia people who did not speak, then this person who was killed because he spoke was not a hero. We have to decide.

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I fear that the Head of State did not intend to talk about these categories and about his colleagues in this speech of his that is as it were, so unfortunate, for the Feast of the Republic.

I fear that he was referring to the people of Chiaiano who are defending their oasis, defending their quality of life, defending the possibility of first going to check to see whether a site is suitable or not to receive refuse, and then afterwards to make use of it.

And not the other way round. But it’s all turned upside down and not just the vocabulary of our institutions. What’s turned upside down is the logic, what’s turned upside down is public order, what’s turned upside down is the Constitution.

In fact, the constitutional guarantees are being suspended, demonstrations are forbidden as symbols of complicity with the rubbish and the magistracy is expropriated of its right and duty to prosecute crimes and soon we will not even have the control over intercepts.

We will have the army that will go and militarize ever more frequently, as anyway Beppe Grillo had foreseen, the situations that the politicians no longer manage to govern except with force, with cudgels and with the use of weapons.

On Beppe Grillo’s blog, Stefano and Luigi are asking me to explain the verdict of the Council of State in relation to the Europa7 case.

We should be talking about the “Rete4 case” in reality. Let’s call it the scandal of the frequencies denied to Europa7 for 9 years by the State, against which someone has rebelled, but it was not the people of Chiaiano and it wasn’t even the Europa7 entrepreneur, Francesco Di Stefano. It’s the company of our President of the Council, that does not even need to rebel because for 25, 30 years since the decrees that Craxi created tailor-made for “il Cavaliere”, manages to command on TV matters, before, during and after his stay in the government.

The laws relating to TV, for the last 25 years, have always been written by Berlusconi. It’s just that before he was always obliged to pay Craxi to return the favour, whereas now he does it directly and thus he no longer needs to pay anyone. Let’s say it’s a saving.

It would really please me to be able to explain this verdict of the Council of State, but this verdict of the Council of State, does not exist. Or rather, it exists, but the top people in the Council of State decided to put it away in a safe on Saturday morning, then they went away for the weekend leaving a communication for the journalists written in Ostrogothic perhaps in Sanskrit. No one understands what it means, so we have to go ahead feeling our way in the dark.

Let’s say, that we have to trust certain key words that come out of this press release. Tomorrow, let’s hope that we will finally have this verdict in our hands. What’s the problem?

The problem started in 1999 when the Italian State decided to re-assign, according to criteria lay down in the law, the 8 bodies that have the right to broadcast on a national level.

Various suitors came forward: The RAI came forward with its three networks, Mediaset came forward with its three networks, the company at that time called Telemontecarlo came forward, various bodies that were around at that time came forward, Telepiù, there was still Telepiù Nero - and coming forward was also this new director, Francesco Di Stefano, with 2 networks: one was Europa7, the other was 7plus. He wins the concession to broadcast at a national level, with one of these networks, Europa7, while Rete4 lost the concession. Why?

Because even 5 years before that, the Constitutional Court had established that Mediaset, like all private organisations, cannot possess more than 2 analogue terrestrial networks, that is on our classical remote control that we use to change channels.

Thus one of the networks, either had to be given up or transferred to satellite, thus freeing up the analogue terrestrial frequencies that are in limited supply and thus have to go to the ones with the right to have them. In this case, Europa7 had won the concession and thus should have the frequencies.

Who was in government at that time? Massimo D’Alema. The D’Alema government issued a great ministerial decree saying that Europa7 had the right, in fact in front of the authority that dealt with examining the requirements of the various TV networks of those who are asking to be allowed to transmit, Europa7 had in fact won over all the others for the quality of the programmes, for its programme schedules that it presented. In this decree it is written that Europa7 has thus the right to broadcast, but they forgot to say exactly which frequencies they should use, why? Because the only frequencies free were those that were still occupied by Rete4 and by Telepiù Nero.

Berlusconi’s Rete4 and Telepiù Nero owned by Berlusconi’s friends, who naturally had no intention of freeing them unless the government insisted.

And the government didn’t insist., in fact, it allowed Mediaset to continue broadcasting on those frequencies even with the concession for Rete4, while waiting for new developments. So Rete4, that was formally abusive, that is no longer with the concession, got an extension that we don’t know when it will end.

At this point the Constitutional Court stepped in for the second time. The first time was in 1994: the antitrust principle, 2 networks for every private body, the third one goes. Given that no one had done anything in those 7 years, in 2001 the Constitutional Court repeated once more: “take note that Mediaset must reduce its networks form 3 to 2. It is unconstitutional not to act.

Every law that allows it to transmit on 3 networks is unconstitutional. Obviously there was panic in Mediaset, but who’s in the government? Berlusconi. With the suitable Minister, Gasparri. First version, it was overturned by Ciampi for being unconstitutional. December 2003. At this point at Christmas 2003, Berlusconi in person signed a decree called “salva Rete4”. {save Rete4}. That is, it decided that Rete4 could continue to broadcast.

Meanwhile, the Gasparri 2 came into law, and this was signed by Ciampi. In April 2004, the Gasparri 2 established that, up to the moment when the digital terrestrial comes into operation, Rete4 will be able to broadcast. Rete4 would be able to broadcast because anyway digital terrestrial was just round the corner. Gasparri had forecast it for 2006.

Digital terrestrial will multiply the number of networks to hundreds and hundreds, everyone will have hundreds of TV channels to choose between, so what’s the fuss about those three channels of Mediaset? Thus Rete4 can stay.

Naturally, it’s all a lie. Digital terrestrial doesn’t even exist today. We are in 2008. It won’t even exist in 2010. It won’t even exist in 2012. They say, perhaps, it will come in 2015, but very probably we’ll get Internet TV first and that will overtake it and make it seem old.

Anyway it was a lie. A trick, that was useful to procrastinate “sine die” this transition phase that never ends, as it is because of the arrival of digital terrestrial that never arrives.

And meanwhile, Di Stefano continues to be stuck on the starting line with his TV channel, for which he had invested a mass of money to create a 22,000 metre production centre on via Tiburtina, 8 recording studios, technology, a library with 3 thousand hours of programmes. Exactly all that was needed to get the concession.

And all this is a Ferrari that is getting rusty in the garage. Why? Because they are not giving him the frequencies. The Centre Left doesn’t give it to him. Berlusconi, during his 5 years of government doesn’t give it to him. He, like a model citizen, turns to the tribunals.

The TAR, {Rome Tribunal} partially says he’s wrong. He turns to the Council of State. The Council of State to waste a bit of time, or perhaps because it’s not clear what the problem is, sends everything to the European Court of Justice asking whether the Italian regulations that allow this situation and that have been created on the Right and on the Left, are or not compatible with European regulations.

Even the European Court of Justice doesn’t take a short time to study the case, even because it’s a case that is unique in the world, and in the end, on 31 January this year, that is in 2008, it gives its verdict: the Italian regulations that allow Rete4 to broadcast in place of Europe7 in this infinite transitional phase are contrary to community law, and thus are illegal., thus the Italian State must repeal them. It’s as though they don’t exist.

Why? Because community law has precedence over national regulations. Thus the government could pull down the current legislation, and oblige Rete4 to disappear from analogue terrestrial, and anyway to remove itself from the frequencies – that do not belong to Rete4, that are ours, they are a public good, that is given as a concession to a private organisation if they respect the rules, now that it is said that they are not respecting those rules, because the European ones are worth more than the Italian ones, remove the frequencies and give them to the legitimate, not owner, but the ones who can legitimately use them in accordance with the concession won in 1999.

Instead, the Prodi government was by then semi-defunct, as it had just collapsed, and in the phase – let’s say –of getting rid of the current stuff while waiting for the elections. It doesn’t feel like doing what even before that, when it was fully functioning, Gentiloni never did, and that is to give the frequencies to the ones who had the right to them, and thus a decree was passed to comply with various things imposed by Europe, apart from this one by the European Court of Justice

In the meantime, the European Commission, that is the European government, the Barroso government, going through the commissioner Kroes, started an infringement procedure on the Gasparri law in relation to another “hole” in that law, and that is the fact that the Gasparri law guarantees access to this mythological digital terrestrial only to those bodies that already are present in analogue, and that is to Mediaset and RAI.

Instead of opening up the market as has always been the story told, exactly the Gasparri law, gives entrance to digital terrestrial only to those that are already present in analogue terrestrial, which means that not only today have we got the duopoly RAI-Mediaset, but that we will have them for ever.

For eternity, because none of those excluded today from analogue terrestrial will be able to enter digital terrestrial.

And this is why they gave the decision in 2006, with the warning that if in a couple of years we haven’t brought down the Gasparri law, we would trigger a retroactive fine starting exactly from 2006 until it builds up to 3-400,000 euro a day, that if we spread that out over three years becomes as much as 300 million euro that could happen to us if within a few months the Gasparri law is not resolved.

At this point the Berlusconi government arrives. Berlusconi is back for the third time. He immediately tries to do a swift action, that is to respond to Europe by saying “who has received, has received. Who has given, has given.”

Let’s forget the past and above all let’s forget the verdicts of the Constitutional Court, the verdicts of the European Court, the fine set by the European Commission, the infringement procedures.

The status quo remains, until we have digital terrestrial. That is in a future that will arrive in 6 or 7 years. They want to establish and crystallize an illegal situation to avoid having to give Europa7 what even the European Court has established that it is their right to have. Last event, Saturday, the press release that announces the verdict. The verdict that should close the argument that is based on a good 7 actions that Europa7 has taken out against the Italian State.

Basically the press release says that: “the request made by Mediaset – that talks about RTI, because it’s the company that is called that – is turned down, and it will be the task of the administration, that is the government, that is the undersecretary “ad personam”, or “ad aziendam”, Paolo Romani, to apply the verdict of the European Court of Justice and re-determine the frequencies on the basis of the requests by Europa7”.

What all this means, we don’t know. We don’t know whether the Council of State will say to the government: “give the frequencies to Europa7 and take them away from Rete4.” Or: “Decide as you like.” Or: “Let us know what you want to do, after that we will establish what will be the compensation that we will have to pay to Europa7, without anyone giving them the frequencies.”

They are ambiguous formulae that we hope will finish tomorrow, when finally the complete text of the relevant verdict arrives. What it is possible to deduce up to now is that the Council of State will entrust the Berlusconi government to resolve a problem that has been created by the Berlusconi governments in favour of Berlusconi’s company, as well as the so-called opposition to Berlusconi that has always been on his side, as has always happened on topics relating to TV.

Let’s see what the verdict says. Certainly the idea of entrusting Berlusconi with the resolution of the Rete4/ Europa7 issue reminds me so much of entrusting Berlusconi and Bertolaso with the resolution of the rubbish issue, in agreement with Bassolino. That is in agreement with the other, who has collaborated with Berlusconi and Bertolaso to create it. It’s as though, when faced with a crime, you entrust the task of resolving the crime to the assassin.”

Posted by Beppe Grillo at 02:02 PM in | Comments (1) | Comments in Italian (translated) Post a comment | Sign up | Send to a friend | | GrilloNews | listen_it_it.gifListen |
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Please listen to the new song by Lentz: uno momento; about Berlusconi, Album Weltgeschichten, free download.
Go on Mir Grillo!!!

Posted by: Dr. Peter Lutze | June 10, 2008 02:30 AM

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