8
resources, and associated portions of the broadcast spectrum. It argues that the establishment and
exploitation of telecommunications networks, as well as the provision of telecommunications services, is
an activity in the general interest for whose exercise an administrative authorization and concession is
necessary in keeping with the law. It argues that the LOTEL establishes in its articles 76 and 77 that in
order to carry out telecommunications activities, the National Telecommunications Commission "will abide
by the principles of equality, transparency, publicity, efficiency, reasonableness, plurality of audience,
competency, technological development, and incentivizing initiative, as well as the protection and
guarantee of the users.
32.
The State indicates that the duration of the concessions (prior to entry into force of the
Organic Telecommunications Law and its regulations) was set by the 1987 Regulations on Concessions
for Broadcast Television. It indicates that they were later regulated by the LOTEL, which establishes that
the transformation of titles shall respect the purpose, coverage and period of validity of the concessions
existing at that moment. In light of the fact that the 1987 Regulations on Concessions for Television and
Radio Broadcasters established a period of 20 years for the duration of use concessions for television
and radio broadcasters, with their expiration date being May 27, 2007, the State indicated that the
concessions granted once LOTEL took effect "shall not exceed 25 years," pursuant to its Article 21. It
holds that the State has established - through CONATEL - that the period of validity for the concessions is
five years.
33.
The State argues that RCTV owns several permits granted to operate as a television
station. Among them, they highlight the contents of Official Letter No. 1685 of September 20, 1952,
authorizing the installation of a television station in the Caracas Metropolitan area. It indicates that the
permit was granted under the regimen of the 1940 Telecommunications Act without any period of validity
having been established. It indicates that the time period of 20 years was established with the publication
of the Regulations on Concessions for Television and Radio Broadcasters through Presidential Decree
No. 1577 of May 27, 1987.
34.
The State argues that therefore, RCTV's operating permits were valid through May 27,
2007 - that is, 20 years from the enactment of the Regulations on Concessions for Television and Radio
Broadcasters pursuant to Article 210 of the LOTEL, which recognizes the rights granted to the providers
of radio and television services and the obligations they acquire through that Decree.
35.
The State argues that the legal situation at issue in this case is the “simple legal
expiration of a concession (operating permit) that the State decided not to renew under its discretionary
authority to administer public property, in this case the broadcast spectrum.” It argues that the State
decided to set aside the television channel to fulfill the constitutional requirement expressed in Article
5
108 to guarantee public television services with the purpose of allowing universal access to information
pursuant to the National Telecommunications, Information Technology and Postal Services Plan.
(PNYIySP) 2007-2013.
36.
The State indicates that the National Communications Plan establishes a series of
general guidelines, which are subsequently divided into strategies, which are further broken down into
policies. In particular, it highlights strategic guideline number five on the "Inclusive Communication
Model." It indicates that this course of action seeks to democratize and guarantee the plurality of
Venezuelan communication and establish the need to activate citizen participation in it; promote the
creation of more and better community media; foster the growth of public service television and radio,
promoting the decentralization of media properties; foment national independent production (NIP); take
advantage of new means of distribution; and develop economically sustainable alternatives for the
production and distribution of content.
5
The State cites the following: Article 108 of the Constitution: “Social, public, and private media outlets shall contribute to
citizen education. The State will guarantee public radio and television services, as well as library and information technology
networks, in order to allow universal access to information. Education centers must incorporate the knowledge and application of
new technologies and innovation, according to the requirements established by law.”