[so that they] can obtain and exploit frequency bands of the radio spectrum, to promote the defense, development and dissemination of their languages, traditions, spirituality and other cultural expressions.” 48 43. There are approximately 424 licensed FM radio stations in Guatemala and 90 on AM frequency, 49 of which one is an indigenous community radio station, Radio Qawinaqel. 50 44. There are also several community radio stations operated by indigenous peoples that do not have a state license to operate, 51 such as the stations belonging to the alleged victims, namely the Maya Kaqchikel of Sumpango, Maya Achí of San Miguel Chicaj, Maya Mam of Cajolá and Maya Mam of Todos Santos Cuchumatán. The indigenous community radio stations are supported operationally and financially by members of the communities they serve through contributions and voluntary work. 52 B. The relevant regulatory framework B.1 Regulation of broadcasting 45. The General Telecommunications Law (hereinafter “LGT”) establishes the legal framework for radio broadcasting activities in Guatemala. It also establishes the forms of use and exploitation of the radio spectrum 53, as well as the procedure allocating radio frequencies in the country. 54 Article 61 of the law establishes public bidding as the sole mechanism for the adjudication of frequencies. 55 46. This provision also describes the procedure to be followed in the event of any disagreement over the granting of an usufruct title, stating that “those individuals or legal entities that have a well-founded and legitimate interest, and who may be harmed if a title is granted, may present their objection.” 56 47. Article 62 of the LGT, in turn, refers to the public auction as a mechanism to obtain the usufruct title for frequency bands, indicating that “[t]he frequency band shall always be Cf. Decision of the Constitutional Court. File No. 4238-2011, of March 14, 2012 (evidence file folio 1021 to 1022), and statement rendered by Anselmo Xunic at the public hearing held on June 9, 2021, before the Court. 49 Cf. Written version of the expert opinion submitted to the Court by Adriana Sofía Labardini Inzunza, supra (evidence file, folio 1595); Superintendency of Telecommunications, Radio Broadcasting. Rights granted in the radio broadcasting service. Available at https://sit.gob.gt/gerencia-de-frecuencias/espectro-radio-electrico/radiodifusion/, and Annex 5: List of radio broadcasting rights granted (evidence file, folio 1262). 50 Radio Qawinaqel has a website that can be accesses at: http://www.radioqawinaqel.com/qawinaqel/. 51 According to information provided by the representatives, in Guatemala there are at least 58 indigenous community radio stations. Cf. List of radio stations of indigenous communities in Guatemala, dated October 2020, compiled by the Asociación Sobrevivencia Cultural (evidence file, folio 1109). In his statement at the hearing held on June 9 and 10, 2021, Anselmo Xunic also stated that there are between 50 and 60 indigenous community radio stations in Guatemala. The Court does not have sufficient evidence to confirm these numbers, but finds it plausible that other indigenous communities in Guatemala operated or continue to operate community radio stations. 52 Cf. Statement rendered by Anselmo Xunic, supra, and statement rendered by María Pedro de Pedro at the public hearing held on June 9, 2021. 53 Cf. Decree No. 94-96 of the Congress of the Republic of Guatemala: General Telecommunications Law, reformed by Decree 115-97 of the Congress of the Republic of Guatemala, enacted on October 17, 1996, Article 1 (evidence file, folios 904 to 926). 54 Cf. Decree No. 94-96 of the Congress of the Republic of Guatemala: General Telecommunications Law, supra, Article 61 and 62 (evidence file, folios 904 to 926). 55 Decree No. 94-96 of the Congress of the Republic of Guatemala: General Telecommunications Law, supra, Article 61 (evidence file, folios 904 to 926). 56 Decree No. 94-96 of the Congress of the Republic of Guatemala: General Telecommunications Law, supra, Article 61 (evidence file, folios 904 to 926). 48 -14-