43 the reasons for the nonrenewal of the concession, indicates that the State needs "a frequency that allows it to have a free to-air-television network with national reach like the one that will be available on the expiration of RCTV's concession" in order to "allow for the democratization of the use of broadcast media and the plurality of messages and content," as well is to comply with the provisions of Article 108 of the 176 Constitution. As mentioned, subsequent to May 27, 2007, the public television station TVes begin showing its programming on the free-to-air television frequency that had previously been assigned to RCTV. 138. Thus, there is a dispute between the parties in this case with regard to the rights held by RCTV (and the corresponding State obligations) with regard to the renewal of its concession, as well as with regard to whether the Venezuelan State violated these rights by not renewing the concession. 4. The the non-renewal of the RCTV concession and the Venezuelan State's obligations under the Convention 139. As mentioned, it is clear to the Commission that the State has the authority to manage the broadcast spectrum and to establish beforehand the terms of the duration of concessions, ruling on 177 their renewal or nonrenewal at the conclusion of those time periods. However, this power must be exercised taking into account the international obligations assumed by the State, which include the obligation to guarantee the right to express ideas and thought of all kinds through diversity of media outlets and without taking direct or indirect measures that restrict the exercise of the right to freedom of expression as established in Article 13 of the American Convention, particularly the Article 13.3 prohibition on indirect restrictions such as the abuse of the authority to regulate and administer broadcasting frequencies. 140. In this regard, as mentioned previously, States have two types of obligations in this area: minimal procedural obligations and substantive obligations. First, they have procedural obligations which require that the process of revoking, granting or renewing broadcasting concessions must be carried out 178 in strict accordance with the law, be transparent and impartial , and be guided by objective, clear, 179 public, and democratic objectives. Indeed, as the State pointed out, the 2000 Organic Telecommunications Law, in effect at the time of the events in this case, establishes in Articles 76 and 77 that the conduct of broadcasting activities by the National Telecommunications Commission “will be subject to the principles of equality, transparency, publicity, efficiency, rationality, plurality of aspirants, 176 Annex 25, MPPTI, Communication No. 0424 of March 28, 2007, p. 11, Communication of the petitioners received on February 18, 2010, Annex 28. The Constitution of the Bolivarian Republic of Venezuela, available at http://www.tsj.gov.ve/legislacion/constitucion1999.htm, establishes the following in Article 108: Social, public, and private media outlets shall contribute to citizen education. The State will guarantee public radio and television services, as well as library and information technology networks, in order to allow universal access to information. Education centers must incorporate the knowledge and application of new technologies and innovation, according to the requirements established by law. 177 IACHR Press Release No. 29/07, "IACHR concerned about freedom of expression in Venezuela," May 25, 2007. 178 Joint Declaration on Diversity in Broadcasting, December 12, 2007. The Council of Europe’s Committee of Ministers stated that: “13. One of the essential tasks of regulatory authorities in the broadcasting sector is normally the granting of broadcasting licences. The basic conditions and criteria governing the granting and renewal of broadcasting licences should be clearly defined in the law” and that “14. The regulations governing the broadcasting licensing procedure should be clear and precise and should be applied in an open, transparent and impartial manner. The decisions made by the regulatory authorities in this context should be subject to adequate publicity.” Council of Europe. Committee of Ministers. Appendix to Recommendation Rec(2000)23 of the Committee of Ministers to member states. Rules 13-14. December 20, 2000. Available at: https://wcd.coe.int/ViewDoc.jsp?Ref=Rec(2000)23&Language=lanEnglish&Ver=original&Site=CM&BackColorInternet=9999CC&Bac kColorIntranet=FFBB55&BackColorLogged=FFAC75. 179 In this regard, the Committee of Ministers of the Council of Europe has recommended that “The regulations governing the broadcasting licensing procedure should be clear and precise and should be applied in an open, transparent and impartial manner. The decisions made by the regulatory authorities in this context should be subject to adequate publicity.” Council of Europe. Committee of Ministers. Appendix to Recommendation Rec(2000)23 of the Committee of Ministers to member states. Rules 13-14. December 20, 2000, paragraph 14.