11 27, 1987 (hereinafter “Decree No. 1577”). The State transcribes a significant portion of Communication 0424 of the Ministry of the People's Power for Telecommunications and Information Technology to set forth the reasons for not renewing the concession. 51. According to Communication 0424 cited by the State, there is no violation of due process. Regarding this, it holds that because what is at issue is the expiration of the period of a concession’s validity, there is no standing for opening an administrative proceeding to verify the passage of time; for this reason, no violation of the right to due process can have taken place. It argues that the passage of time does not merit the opening of an administrative proceeding. As an example, it indicates that "an administrative proceeding does not have to be opened to determine whether the sun will rise tomorrow," for which reason it finds the petitioners’ allegation with regard to the violation of due process manifestly inadmissible. 52. With regard to the expiration of RCTV's concession period, on May 27, 2007, Communication 0424 cited by the State indicates that in accordance with the provisions of articles 11 and 4 of Decree No. 1577, the concessions that were granted for the establishment and operation of television stations prior to May 27, 1987 (the date on which it entered into force), would be considered valid for the term of 20 years. Thus after 34 years in operation, as of that date the RCTV concession was extended for 20 years, with the extension concluding on May 27, 2007, at 12 p.m. legal time in the Bolivarian Republic of Venezuela. 53. According to Communication 0424 cited by the State, the petitioners’ pleading that the entry into force of the LOTEL “extended” the concession for 20 more years is not true. The State holds that the only interpretation in keeping with the process of debate over the draft, bill and LOTEL itself in its subparagraph 4 of Article 210 is that the period of validity is what remains of the 20-year period that began as of the entry into force of Decree No. 1577. It argues that this interpretation was admitted at one time by the very attorneys of RCTV, who participated in the consultation process in the drafting of the LOTEL. 54. Communication 0424 cited by the State indicates that the argument of the petitioners with regard to their legitimate trust in the provisions of Article 210 of the LOTEL has no basis. Regarding this, the State recalls that during LOTEL’s public consultation process, the Venezuelan Chamber of the Broadcasting Industry asked the National Telecommunications Commission to maintain the "status quo" of the concessions that were in force in the year 2000, meaning that the meaning and scope of the provisions contained in Article 210 of the LOTEL was always clear to all operators. 55. According to Communication 0424, RCTV does not have a preferential right for the extension of its concession for a period of another 20 years counting from May 27, 2007, because that "right to preference" is enshrined in neither the Constitution nor in the law regulating the subject. In this regard, the State highlights that the system established in Decree 1577 was replaced by the LOTEL system, which does not enshrine any right to preference. Likewise, it indicates that even in areas in which the right to preference is established by law, it cannot contradict the owner of the property (the broadcast spectrum), in this case the State. It argues that a third party (private party) cannot exercise a right to preference on the use and operation of State property because the State has decided to use and exploit directly the portion of the broadcast spectrum that was to be available as of May 27, 2007. 56. According to Communication 0424 cited by the State, the request for the transformation of RCTV's titles made in 2002 has no standing due to the elimination of the purpose of the request. In this regard, it argues that the request ceased to have a purpose as a result of the State’s sovereign decision as owner of the property (broadcast spectrum) - as expressed in the National Telecommunications Plan to reserve the use and operation of that portion of the broadcast spectrum in order to comply with the obligation imposed by Article 108 of the Constitution. It indicates that that elimination of purpose was declared by the Ministry of the People's Power for Telecommunications and Information Technology through Resolution 002 of March 28, 2007, which closed the transformation proceeding.

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