25
m)
Soraya Castellano, Information Manager, who defined strategies and
guidelines for the production of information-based programs, newscasts, special
reports, and mini-documentaries, among others,97 and
n)
Larissa Patiño, Manager for Opinion and Morning Programs, who managed
the production and transmission of the program “La Entrevista.”98
A.3. The concession granted to RCTV and the legal framework
68.
As already indicated, RCTV was granted its first concession in 1953,99 under the
Telecommunications Law of August 1, 1940, in force at the time. On September 10, 1953, the
Telecommunications Directorate granted Radio Caracas the operating license corresponding to
“Radio Caracas TV,” together with a provisional permit to commence its transmission on
Channel 7.100 Later, at the request of RCTV, the Telecommunications Directorate granted it
permission to use television Channel 2 for an experimental trial period of six months, 101 which
was extended in 1954 when the Telecommunications Directorate advised that Channel 2 would
substitute Channel 7.102
69.
Subsequently, Decree No. 1,577 of May 27, 1987, established the Regulations for
Television and Radio Station Concessions. Article 1 of Decree No. 1,577 stipulated that
“[c]oncessions for the establishment and exploitation of television and radio stations shall be
granted for twenty (20) years.”103 And, article 4 of the Decree indicated that “[c]oncessions
granted prior to the date that this Decree enters into force, shall be considered valid for the
period established in article 1.”104
70.
Meanwhile, article 3 of the Decree established that:
When the concession terminates, concessionaires who, during the period indicated in article 1 have
complied with the legal provisions established by the Telecommunications Law, the
Radiocommunications Regulations and other legal provisions, shall have preference for the
extension of the concessions for another period of twenty (20) years (bold added).
Cf. Certification of roles and activities approved by the RCTV Board of Directors dated July 29, 2011 (evidence
file, folios 2791 and 2792) and in the application for amparo filed with the Constitutional Chamber of the Supreme
Court of Justice on February 9, 2007 (evidence file, folio 25121). Sworn statement by Soraya Castellano (merits file,
folios 1550 to 1553). Certification of roles and activities approved by the RCTV Board of Directors dated July 29, 2011
(evidence file, folios 2791 and 2792).
98
Cf. Certification of roles and activities approved by the RCTV Board of Directors dated July 29, 2011 (evidence
file, folio 2792) and in the application for amparo filed with the Constitutional Chamber of the Supreme Court of Justice
on February 9, 2007 (evidence file, folio 25121). Sworn statement by Larissa Patiño (merits file, folios 1455 and 1456).
Certification of roles and activities approved by the RCTV Board of Directors dated July 29, 2011 (evidence file, folio
2792).
99
Cf. Authorization for RCTV to commence broadcasting on television channels 7 and 2 of September 10 and
November 11, 1953 (evidence file, folios 2480 and 2481). The State granted this concession under the regime of the
1940 Telecommunications Law (evidence file, folios 4543 to 4548).
97
Cf. Provisional permit granting RCTV an operating license to begin broadcasting, issued by the
Telecommunications Directorate of the Ministry of Communications on September 10, 1953 (evidence file, folio 2480).
100
Cf. Permit granted to RCTV to use television Channel 2 for an experimental trial period issued by the
Telecommunications Directorate of the Ministry of Communications on November 11, 1953 (evidence file, folio 2481).
101
Cf. Permit granted to RCTV to use television Channel 2 in substitution of Channel 7 issued by the
Telecommunications Directorate of the Ministry of Communications on June 23, 1954 (evidence file, folio 2482).
102
In addition, article 6 of Decree No. 1,577 established that “the Ministry of Transport and Communications [was]
in charge of this Decree.”
103
Decree No. 1,577 of May 27, 1987, containing the Regulations for Television and Radio Station Concessions.
(evidence file, folio 2955).
104