3
representatives) that “[r]egarding the reasons to assign ‘the RCTV signal rather than that of
another television station,” it stated that, “of the VHF signals that exist, that of Channel 2 is
the one that has the greatest reach owing to its location on the electromagnetic spectrum
band; technically speaking, this signal is the one that is the most advantageous; it is the first
signal on the dial on the electromagnetic spectrum band; it has the greatest reach, even more
than a State signal, such as Venezolana de Televisión, and therefore requires less investment
to distribute it.” It added that “[t]here are considerable savings in technical and infrastructure
costs and the signal has significant reach nationwide; in addition, the antennas, the towers,
their location – the attributes of the concession, as this is defined in article 110 of the
Telecommunications Organic Law – are specific for each signal; in other words, the RCTV
infrastructure, specifically its transmitters, is only suitable for use with that particular
signal.’”14 The State also indicated “that the selection of the RCTV chain was due “merely to
technical reasons,” because “the frequencies have viewing channels,” so that “the frequencies
2 and 3, which [were] those that RCTV [had, are those that are] closest to the earth;
therefore, they have a greater reach, they extend further and require less expensive
equipment.” It added that “it was the only channel […] that had nationwide coverage” and
emphasized that, it was “a technical necessity.”15
10.
This assertion appears to corroborate the following information that can be found by a
simple search on the Internet.16 In 1953, “two private commercial television stations were
inaugurated, Televisa (unrelated to the actual Mexican chain) and Channel 4 on the VHF band,
on June 1, and Radio Caracas Televisión (RCTV) on 174-180 MHz on November 15.
Subsequently, the latter company asked to change Channel 7 for Channel 2 on the VHF band
to improve its coverage in Caracas” (italics added). The representatives’ failure to refute this
point means that the argument in the judgment that cites extensively “the inversion of the
burden of proof as a result of from the application of a prohibited type of discrimination
contained in Article 1(1) of the Convention”17 is unconvincing.
11.
The predominance given by the representatives to the material and financial interests
is expressed also in the exorbitant request for compensation. Indeed, they ask for
384,458,356 dollars for “the financial prejudice that the devaluation of [RCTV] caused the
shareholders” [and] “33,166,954 dollars for transmission equipment made abroad, the
general transmission network, sites for placement of transmitters and other equipment, as
well as reports on strategic signal coverage in the territory of Venezuela,”18 for a total of
417,625,310 dollars.
II.
Inadmissibility of the restoration of the concession
12.
The fifteenth and sixteenth operative paragraphs are absolutely contradictory to the
general reasoning of the judgment, in which it is clearly stated that RCTV did not have a right
to the renewal and that there was no automatic renewal either.
Inexistence of the right to renewal of the concession of a television channel or to automatic
renewal
13.
The restoration of the concession would only have been justified if the judgment had
14
Case of Granier et al. (Radio Caracas Televisión) v. Venezuela, para. 212.
15
Case of Granier et al. (Radio Caracas Televisión) v. Venezuela, para. 213.
16
“Televisión en Venezuela”.
17
Case of Granier et al. (Radio Caracas Televisión) v. Venezuela, para. 230.
18
Case of Granier et al. (Radio Caracas Televisión) v. Venezuela, para. 398.
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