26 71. Based on articles 1 and 4 of Decree 1,577, the Venezuelan State renewed the RCTV concession to operate as a free-to-air television station and to use the corresponding electromagnetic spectrum for 20 years; in other words, until May 27, 2007. 72. On June 12, 2000, the State adopted the Telecommunications Organic Law (hereinafter “LOTEL”), which established, inter alia, the creation of the National Telecommunications Commission (hereinafter “CONATEL”). According to article 35 of the LOTEL, CONATEL is “an autonomous institute, with its own legal personality and capital, independent of the national treasury, with technical, financial, organizational and administrative autonomy.” Its main functions include:105 (i) “to ensure compliance with the provisions of this law and of the laws that relate to it, and with the regulations and other decisions issued by the Commission”; (ii) “to propose the national telecommunications plans to the Minister for Infrastructure,” and (iii) “to grant, revoke and suspend administrative authorizations and concessions, unless this corresponds to the Minister for Infrastructure pursuant to this law.” In addition, it was established that CONATEL would be administered by a Board of Directors composed of “the Director General of the Commission […], who shall preside it, and four directors, who shall be appointed and removed by the President of the Republic.”106 73. In addition, the LOTEL included the transformation of the concessions and permits granted under the previous law into administrative authorizations, concessions or notification obligations or registrations established in the LOTEL. In this regard, article 210 of this Law establishes that: ARTICLE 210. The National Telecommunications Commission shall establish, by a resolution, special timetables for the transformation of the actual concessions and permits granted under the previous law into the administrative authorizations, concessions or notification obligations or registrations established in this law. While this transformation is underway, all rights and obligations acquired under the previous law shall remain fully in force, with the same terms and conditions established in the respective concessions and permits. The transformation of the legal instruments shall be executed within two years of the publication of the law in the Official Gazette; it shall be compulsory, and it will be implemented based on the following principles: […] 2. The usage and exploitation rights given in concession for frequencies legally granted, shall remain fully in force. […] 4. The purpose, coverage and life span of the concessions or permits in force at the time of the entry into force of this law shall be respected. Subsequent renovations of the administrative authorizations or concessions established in this law shall be ruled by the general rules contained herein. […] The transformation of the current legal instruments in no way supposes that the telecommunications operators that existed before the entry into force of this law are subject to the general procedure established for granting the administrative authorizations or to the extinction, revocation or suspension of the concessions or permits granted under the previous law to that end.107 74. In addition, article 31 of the LOTEL established that “[i]f the National Telecommunications Commission does not rule on whether the request [for transformation] is admissible within the time frames established in this chapter, this silence shall be understood as a negative in relation to the request submitted.” B) The decision not to renew the RCTV concession and termination of the transmission B.1 The declarations of State officials prior to the decision not to renew the RCTV concession 105 Article 37 of the LOTEL (evidence file, folio 224). 106 Article 40 of the LOTEL (evidence file, folio 227). 107 Cf. Telecommunications Organic Law of June 12, 2000 (evidence file, folios 280 and 281).