23 83. The publication also states that under Article 108.5 of LOTEL, concessions for use of the broadcast spectrum shall not be granted when serious situations arise that, in the opinion of the President of the Republic, have a bearing on the State’s security and make it ‘inadvisable’ to grant the concession. Therefore, “it [was] ‘inadvisable’ for the Venezuelan State to renew RCTV’s concession, [considering its] conduct during two episodes that threatened democracy and human rights in Venezuela, like the April 62 2002 coup d’état and the work stoppage in the oil industry in December 2002 and January 2003.” D. The procedure and the decision not to renew RCTV’s concession 84. On January 24, 2007, representatives of RCTV wrote to CONATEL to request that it issue new concessions to the television station i) based on Article 210 of LOTEL, for a period of 20 years starting on June 12, 2002, the date on which LOTEL entered into force; ii) alternatively, until June 27, 2027, pursuant to articles 1, 3 and 4 of Decree No. 1.577, or iii) alternatively, that the procedure for transforming titles, concessions, licenses, etc., be completed and RCTV’s concession be renewed for 63 another 20 years. With that request, RCTV presented transcripts of speeches delivered by State officials, and other evidence to demonstrate that those officials had abused their office in reaction to RCTV’s editorial position and the content of RCTV’s programming. The channel also requested that the following evidence be produced: i) a certified copy of all transformation applications and the respective licenses for free-to-air television and radio granted under Article 210 of LOTEL, specifying which stations were in operation as of May 27, 1987, and ii) the paperwork documenting all the penalties imposed on free-to-air television or radio stations for violations of LOTEL and the Law on Social Responsibility in 64 Radio and Television (Ley Resorte). The documents were intended to show, inter alia, that: i) no penalty had ever been imposed on RCTV; ii) other operators in the same legal situation as RCTV had been 65 subject to penalties, and iii) those operators were permitted to remain in operation after May 27, 2007. 85. Reacting to RCTV’s letter of January 24, 2007, Minister Jesse Chacón Escamillo, in charge of the Ministry of the People’s Power for Telecommunications and Information (MPPTI) and 66 Director of CONATEL, issued Communication No. 0424 of March 28, 2007 in which he announced the 62 Annex 47, MINCI, Libro Blanco sobre RCTV [White Book on RCTV]. Venezuela: March 2007, First Edition. Communication from the petitioners received on February 18, 2010, Attachment 47, p. 55. The book also states that “RCTV left unmistakable evidence of its involvement in the coup d’état, not only through the widely circulated image of its director general, Marcel Granier, at Miraflores Palace during the unconstitutional swearing-in of businessman Pedro Carmona as illegitimate president of Venezuela, but also through the various editorial positions it has taken, the false information and false propaganda it has circulated, and the censure,” p. 57. 63 Annex 24, RCTV’s request to CONATEL, dated January 24, 2007, Communication from the petitioners received on February 18, 2010, Attachment 27, pp. 1-2. 64 Annex 24, RCTV’s request to CONATEL, dated January 24, 2007. Communication from the petitioners received on February 18, 2010, Attachment 27, pp. 1-2. 65 Specifically, the petitioners point out that channel Venevisión was the same type of business as RCTV, with the same technical operating capability and legal status. However, because Venevisión had changed its editorial line, the State renewed its concession. Annex 50, Empresa AGB Nielsen Media Research, Promedio de Share de Audiencia 2006 [Average Audience Share 2006], Communication from the petitioners received on February 18, 2010, Attachment 23. Annex 51, El Nacional, “Gobierno no pagará por Cantv más de lo que ofreció Carlos Slim” [Government will not pay more than what Carlos Slim offered for Cantv], January 27, 2007, Communication from the petitioners received on February 18, 2010, Attachment 103. Annex 52, The New York Times, “Media Mogul Learns to Live With Chávez”, July 5, 2007, Communication from the petitioners received on February 18, 2010, Attachment 123. Annex 53, Revista Producto, “Jinetes sin Apocalipsis” [Horsemen without the Apocalypse], Edition No. 279, February 2007, Communication from the petitioners received on February 18, 2010, Attachment 124. 66 On January 8, 2007, Jesse Chacón Escamillo was named –by a decree issued by President Chávez- to head what was then the new Ministry of the People’s Power for Communications and Information (MPPTI), as recorded in Special Official Gazette No. 5,836 of that date. On January 10, he was appointed as the new director of the National Telecommunications Commission (CONATEL), also by a decree issued by President Chávez, available [in Spanish] in Official Gazette 38,600 of January 10, 2007. This latest decree also made CONATEL “an agency of the MPPTI.” Therefore, on the date of the events in this case, Minister Jesse Chacón Escamillo was heading two State agencies. See, Radio Nacional de Venezuela, Ministerio de Telecomunicaciones impulsará nuevo modelo social [Ministry of Telecommunications will promote new media model], January 11, 2011. Available [in Spanish] at: http://www.rnv.gob.ve/noticias/index.php?act=ST&f=2&t=42657; Radio Nacional de Venezuela, Jesse Chacón toma riendas de Conatel [Jesse Chacón takes the reins at CONTATEL], January 11, 2007. Available [in Spanish] at: http://www.rnv.gov.ve/noticias/index.php?act=ST&f=2&t=42622.