6The provisions concerning the limits on the broadcasting time of television advertising are laid down in Article 38 of Legislative Decree No 177, consolidating the provisions on audiovisual and radio services (decreto legislativo n. 177 – Testo unico dei Servizi di Media audiovisivi e radiofonici) of 31 July 2005 (Ordinary Supplement to GURI No 208 of 7 September 2005), as amended and replaced by Article 12 of Legislative Decree No 44 of 15 March 2010 transposing Directive 2007/65/EC on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities (GURI No 73 of 29 March 2010, p. 33, ‘Legislative Decree No 177/2005’), pursuant to which:1. The transmission of advertisements by the holder of the general public broadcasting service concession may not exceed 4% of weekly programming time and 12% of any one hour; any advertising in excess thereof, by a maximum of 2% in any hour, must be offset by a reduction in the preceding or following hour.2. The transmission of television advertising spots by free-to-air broadcasters, including analogue broadcasters, at national level, other than the holder of the general public broadcasting service concession, may not exceed 15% of daily programming time and 18% of a given clock hour; any advertising in excess thereof, by a maximum of 2% in any hour, must be offset by a reduction in the preceding or following hour. ……5. The transmission of television advertising spots by pay-TV broadcasters, including analogue broadcasters, may not, for the years 2010, 2011 and 2012, exceed 16%, 14% and 12%, respectively, of a given clock hour; any advertising in excess thereof, by a maximum of 2% in any hour, must be offset by a reduction in the preceding or following hour.…’
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