25 regarded it as impertinent, because i) the fact that RCTV’s concession had not been transformed was an undisputed fact, and ii) the decision not to renew RCTV’s concession was neither a penalty nor a 73 consequence of any penalty imposed. 87. Based on the evidence supplied by the petitioners, and which the State did not contest, the Commission considers that other frequencies were available that would have served the purposes of 74 the National Telecommunications Plan. The State’s broadcasting could reach an audience similar in size to the audiences reached by the major television channels in Venezuela, without having to cancel the concession given to RCTV. 88. A number of international voices expressed their objection to the decision not to renew 75 RCTV’s concession, among them the Secretary General of the Organization of American States, 76 77 78 Human Rights Watch, Reporters Without Borders, the Inter-American Press Association, the World 79 80 Association of Community Radio Broadcasters (AMARC), the European Parliament, and the Senates 81 82 83 of Brazil, Chile, , and the United States. E. The decisions of the Supreme Court to assign the use of RCTV’s assets to the State …continuación The communications media, public and private alike, shall educate the citizenry. The State shall guarantee public radio and television services and library and computer networks, with a view to enabling universal access to information. Education centers are to impart knowledge of new technologies and their applications and innovations, as prescribed by law. 73 Annex 25, MPPTI, Communication No. 0424 of March 28, 2007, Communication from the petitioners received on February 18, 2010, Attachment 28. 74 Annex 24, Communication from the petitioners received on February 18, 2010, Attachment 27, RCTV, Request to CONATEL, dated January 24, 2007, pp. 14 and 15; Annex 54, Official Gazette of the Bolivarian Republic of Venezuela, No. 38.417 of April 11, 2006, Ministry of Infrastructure, CONATEL, Administrative Order No. PADS-798 of April 10, 2006, Attachment 105; Annex 55, RCTV, Ing. Carlos Rojas, Manager of Broadcasting and Communications, “Technical Report on the Availability of Radio Band Frequencies that the Venezuelan State currently has for broadcasting nationwide free-to-air television signals in the Bolivarian Republic of Venezuela,” April 17, 2007, Communication from the petitioners received on February 18, 2010, Attachment 106. 75 Annex 56, Organization of American States, OAS Secretary General Expresses Concern over Decision Not to Renew Broadcasting License of Venezuelan Television Station, Communication from the petitioners received on February 18, 2010, Attachment 49. 76 Annex 57, Human Rights Watch, Letter sent to the OAS Secretary General, May 23, 2007, Communication from the petitioners received on February 18, 2010, Attachment 60. 77 Annex 58, Reporters Without Borders, “RCTV Case: Supreme Court Rules RCTV’s Appeal against Loss of its License “Inadmissible.” Communiqué of May 21, 2007, Communication from the petitioners received on February 18, 2010, Attachment 56. 78 Annex 59, Inter-American Press Association, IAPA condemns decision of President Chávez not to renew a television network’s concession. Press release of December 29, 2006, Communication from the petitioners received on February 18, 2010, Attachment 59. 79 AMARC, Carta Abierta de AMARC sobre el caso RCTV en Venezuela [Open letter from AMARC on the RCTV case in Venezuela], April 13, 2007, available [in Spanish] at: http://legislaciones.amarc.org/07-04-13-AmericaLatCartaAbierta.htm. 80 Annex 60, El Universal, Parlamento Europeo rechaza Decision ofl Gobierno de no renovar concesión a RCTV [European Parliament critical of Government’s decision not to renew RCTV’s concession], May 24, 2007, Communication from the petitioners received on February 18, 2010, Attachment 64. 81 Annex 61, El Universal, Senado de Brasil pide a Chávez abrir RCTV [Brazilian Senate asks Chávez to open RCTV], May 31, 2007, Communication from the petitioners received on February 18, 2010, Attachment 70. 82 Annex 62, El Universal, Senado de Chile insta a Bachelet a insistir en la OEA por RCTV [Chilean Senate urges Bachelet to fight for RCTV at OAS], June 8, 2007, Communication from the petitioners received on February 18, 2010, Attachment 72. 83 Annex 63, El Universal, Resolución del Senado de los Estados Unidos de América a favor de RCTV aprobada en Comisión de Política Exterior [United States Senate Foreign Relations Committee passes resolution in favor of RCTV], May 24, 2007, Communication from the petitioners received on February 18, 2010, Attachment 66.