47 situations in which an adequate legal framework in this area exists, it should furthermore be verified that there is no other frequency that would serve to meet the aims pursued without affecting the possibility that the existing media outlets continue to operate normally. 151. The evidence in the file before the Commission, which was not disputed by the State, represents strong proof that the State’s decision not to renew RCTV’s concession was taken with regard to the editorial slant of the station. Indeed, the Commission observes that since 2003, these officials have effectively given public statements on the government's authority to renew or not renew the concessions of television stations, at times linking this decision with the content of the information broadcast by the 195 stations. In December 2006, President Chávez and Minister Lara announced directly the non-renewal of the RCTV concession, once again linking this decision with the broadcaster’s editorial stance. On announcing that "the measure is already drafted," for example, President Chávez expressed that "no media outlet will be tolerated that is at the service of a pro-coup philosophy, against the people, against 196 the nation, against national independence, against the dignity of the Republic." Later, the MINCI, of which Minister Lara is in charge, carried out an official campaign to explain the reason for not renewing the RCTV concession with messages like "don't renew the lie" and assertions that RCTV "fabricated its messages," once again making reference to the content of the information broadcast by RCTV as justification for not renewing its license. These repeated incidents took place in the context of "a progressive deterioration of the exercise of freedom of expression in Venezuela," caused, inter alia, by an "environment of intimidation" fostered by statements of senior State officials against independent media 197 outlets, as well as "rhetoric from government officials discrediting journalists and the launching of administrative proceedings that could result in the suspension or revocation of concessions for providing 198 radio and television services." They also took place in the context of retaliation against functionaries 199 who made decisions contrary to the interests of the government. 152. On the contrary, no evidence was presented which would serve to establish that the National Telecommunications Plan used by the State to justify the need to retake the frequency was adopted and published prior to the issuance of Communication No. 0424, by which the government announced its decision not to renew the concession. Similarly, the file contains no evidence whatsoever that explains why not renewing RCTV’s frequency was necessary to satisfy the aims of this plan, rather than looking to other frequencies that, according to evidence that was not questioned by the State, were available. Nor is there any explanation that justifies the decision not to renew RCTV’s license while other concessions that expired on the same day were being renewed, and without calling (if it was in reality strictly necessary not to renew a frequency) for a public auction in which the interested parties could compete in conditions of equality in order to obtain one of the available frequencies in light of its expiration. 153. The Commission therefore finds, in view of the repeated statements by the highest officials of the Venezuelan State that RCTV’s franchise would not be renewed because of its stance on the news, that the alternative explanation given by the State is unconvincing in light of the available 195 See, for example, Annex 26, Speech of President Chávez dated June 14, 2006, Communication of the petitioners received on March 1, 2010, Annex B.3, video recording, clip two Annex 28, El Nacional, news item headlined "Chávez threatens to revoke television concessions in 2007," dated June 15, 2006, Communication of the petitioners received on February 18, 2010, Annex 29. Annex 27, El Universal, news item headlined "Chávez announces new purchases and changes in focus of military equipment," dated June 14, 2006, Communication of the petitioners received on February 18, 2010, Annex 31. 196 Annex 26, Speech of President Chávez dated December 28, 2006, Communication of the petitioners received on March 1, 2010, Annex B.5. Annex 35, Aporrea, “President Chávez: ‘RCTV should be shutting down its equipment,’” December 28, 2006, Communication of the petitioners received of February 18, 2010, Annex 38. Annex 36, Globovisión, “President Chávez announces that he will not renew RCTV concession," December 20, 2006, Communication of the petitioners received on February 18, 2010, Annex 38. 197 IACHR Press Release No. 29/07, "IACHR concerned about freedom of expression in Venezuela," May 25, 2007. IACHR. Democracy and Human Rights in Venezuela. OEA/Ser.L/V/II.Doc.54, December 30, 2009, para. 419. 198 IACHR. Report on the human rights situation in Venezuela. OEA/Ser.L/V/II.118, October 24, 2003, para. 384. 199 Cf. IACHR. Democracy and Human Rights in Venezuela. OEA/Ser.L/V/II.Doc.54, December 30, 2009, para. 301.