33 B.2 The decision not to renew the RCTV concession and the procedure 87. On June 5, 2002, based on the timetable established by CONATEL,132 RCTV formally requested that its concession titles be transformed into the new legal regime of the LOTEL.133 However, CONATEL did not examine this request within the two-year time frame indicated in article 210 of the LOTEL;134 rather, it responded to it in March 2007 (infra para. 93) without referring to article 31 of the said law. 88. On January 24, 2007, the representatives of RCTV wrote to CONATEL, requesting it to issue new concession titles to the network based on the following provisions: i) Article 210 of the LOTEL, for a period of 20 years starting on June 12, 2002, the date on which the said law entered into force; ii) alternatively, until June 27, 2027, pursuant to articles 1, 3 and 4 of Decree No. 1,577, or iii) also alternatively, that the procedure for transforming titles be completed and the RCTV titles be renewed for another 20 years.135 89. With this request, RCTV presented transcripts of speeches made by State officials, among other evidence, to demonstrate that those officials had presumably abused their authority in reaction to RCTV’s editorial line and the content shown by the channel. In addition, the television network requested production of the following evidence: (i) certified copy of all transformation applications and the respective free-to-air television and sound radio licenses granted under article 210 of the LOTEL indicating which stations were in operation on May 27, 1987, and (ii) the documents relating to all the penalties imposed on free-to-air television and radio stations for violations of the LOTEL and the RESORTE Law.136 The documents were intended to show, among other matters, that: (i) RCTV had never been penalized; (ii) other operators in the same legal situation as RCTV had been subject to penalties, and (iii) those operators had been allowed to continue operating after May 27, 2007.137 90. In response to RCTV’s letter of January 24, 2007, Minister Jesse Chacón Escamillo, head of the Ministry of the People’s Power for Telecommunications and Information Technology (MPPTI) and CONATEL issued Communication No. 0424 of March 28, 2007, announcing the decision not to renew the RCTV concession. In this document, Minister Chacón Escamillo noted that the decision was not a penalty, but a result of the legal effects established in article 1 of Decree No. 1,577; in other words, expiry of a concession. He claimed that, when the time granted by a concession expired, there was no need to open an administrative procedure and, consequently, due process had not been violated. 91. He also claimed that the only logical and reasonable interpretation, consistent with the consultations and discussions on the preliminary draft, draft and text of the LOTEL was that, under article 210 of the law, the only part of the concession to be respected, was whatever Cf. Resolution No. 93 of CONATEL of December 4, 2001 (evidence file, folio 3060). Cf. Transformation request submitted by RCTV to CONATEL on June 5, 2002 (evidence file, folios 3053 to 3057). 134 Cf. Request to CONATEL of January 24, 2007 (evidence file, folio 3063). Communication No. 0424 issued by the Ministry of the People’s Power for Telecommunications and Information Technology on March 28, 2007 (evidence file, folio 3093). 135 Cf. Request to CONATEL of January 24, 2007 (evidence file, folios 3063 and 3064). 136 Cf. Request to CONATEL of January 24, 2007 (evidence file, folio 3089). 137 Cf. AGB Nielsen Media Research, Average Audience Share 2006 (evidence file, folio 3395). Article in the newspaper “El Nacional” entitled “Gobierno no pagará por Cantv más de lo que ofreció Carlos Slim” of January 27, 2007 (evidence file, folios 3397 and 3398). Article in the newspaper “The New York Times” entitled “Media Mogul Learns to Live With Chávez” of July 5, 2007 (evidence file, folios 3400 to 3403). Press release in “Revista Producto” entitled “Jinetes sin Apocalipsis,” No. 27, February 9, 2007 (evidence file, folios 3405 to 3407). 132 133