17
3 of the decree stipulated that at the end of that 20-year period, the company in possession of the
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concession would be given preference for purposes of an extension of another 20 years.
73.
On June 12, 2000, the State adopted the Organic Telecommunications Law (LOTEL).
Under Article 210 of that law, the National Telecommunications Commission (CONATEL) was to set up
special schedules to transform the concessions granted under the previous legislation into the
administrative authorizations, concessions, notification obligations or registrations established in the new
law. The transformation was to take place within two years of enactment of LOTEL. Until the new law
entered into force, “all rights and obligations acquired under the previous legislation shall remain in full
force, under the same terms and conditions established in the respective concessions and licenses.”
Article 210 also provided that the purpose, coverage and lifetime of the concessions or licenses in effect
at the time the present law [LOTEL] enters into force shall be respected, and emphasized that
subsequent renewals of the administrative authorizations or concessions provided for in the new law were
39
to be done according to the general rules specified in LOTEL.
74.
On June 5, 2002, in keeping with the schedule established by CONATEL, RCTV formally
40
applied to have its concession transformed to conform to the new legal regime under LOTEL. However,
CONATEL did not examine the application for transformation within the two-year time period stipulated in
41
Article 210 of LOTEL.
38
Annex 20, Official Gazette of the Republic of Venezuela No. 33,726, Decree No. 1,577 of May 27, 1987.
Communication from the petitioners received on February 18, 2010, Attachment 24:
Article 1. Concessions granted to establish and operate television and radio stations shall be for a period of twenty (20)
years.
[…]
Article 3. At the end of the concession, the parties in possession of the concession who, during the period specified in
Article 1, have complied with the provisions of the Telecommunications Law, the Radio Communications Regulations and other legal
provisions, shall be given preferential treatment if they are seeking an extension of the concession for another twenty (20) year
period.
Article 4. Concessions granted prior to the date on which this decree enters into force, shall be considered valid for the
period established in Article 1.
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Annex 21, Organic Telecommunications Law, Article 210, published in Official Gazette No. 36.920, of March 28, 2000,
Communication from the petitioners received on February 18, 2010, Attachment 25:
ARTICLE 210.- The National Telecommunications Commission shall, by a resolution, set up special schedules for
transforming the concessions and licenses granted under the previous legislation, into the administrative authorizations,
concessions or notification obligations or registrations established under this law. While that adjustment process is underway, all
rights and obligations acquired under the previous legislation shall remain in full force, under the same terms and conditions
established in the respective concessions and licenses.
The transformation of the legal titles shall take place within two years following the publication of this law in the Official
Gazette, shall be mandatory and shall be done in accordance with the following principles: […]
2) The rights given by concession to use and exploit legally granted frequencies shall remain fully in force. […]
4) The purpose, coverage and lifetime of the concessions or licenses in effect at the time the present law enters into force
shall be respected. Subsequent renewals of the administrative authorizations or concessions provided for in this law shall be done
according to the general rules contained herein. […]
The transformation of the current titles in no way means that telecommunications operators in existence prior to the date
on which this law enters into force are to follow the general procedure for granting administrative authorizations or for cancellation,
revocation or suspension of concessions or licenses under the previous legislation.
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Annex 22, Application for Transformation No. 941, filed by RCTV with CONATEL on June 5, 2002. Communication from
the petitioners received on February 18, 2010, Attachment 26. Annex 23, CONATEL Resolution No. 93, dated December 4, 2001,
published in the Official Gazette of Venezuela No. 37.342, of December 10, 2001, Communication from the petitioners received on
February 18, 2010, Attachment 119.
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Annex 24, Request filed with CONATEL, January 24, 2007, Communication from the petitioners received on February
18, 2010, Attachment 27, Annex 25, Ministry of the People’s Power for Telecommunications and Information, Communication No.
0424 of March 28, 2007, Communication from the petitioners received on February 18, 2010, Attachment 28.