[NYTr] Venezuela Supreme Court Ruling Keeps RCTV on Air Date: Thu, 2 Aug 2007 16:27:23 -0500 (CDT) Via NY Transfer News Collective * All the News that Doesn't Fit excerpted from VIO Venezuela Daily News Roundup - Aug 2, 2007 [The Supreme Court ruled against the Chavez administration yesterday in a decision that highlights the separation of powers in Venezuela. RCTV will be allowed to continue broadcasting over cable and satellite TV, despite failing to meet legal requirements set by the telecommunications commission to register as a national producer. The courts allowed a petition from Venezuela's Chamber of Subscription Television requesting clarification of what qualifies as a domestic media outlet and whether they should be bound by the same rules as their non-cable counterparts, Bloomberg reports. Based in Miami since losing the right to open-access broadcasts in May for inciting political violence during a 2002 coup against President Chavez, RCTV is seeking status as an "international channel" to avoid registering as a Venezuelan content producer, which would obligate the channel to abide by national laws. -VIO] Bloomberg - August 1, 2007 http://www.bloomberg.com/apps/news?pid=20601086&sid=aIF_L223Qqag&refer=latin_america Venezuela Supreme Court Steps in to Keep RCTV on Air By Matthew Walter Venezuela's supreme court suspended a government order that would have shut down RCTV International, the cable version of the TV network kicked off the air by President Hugo Chavez in May. The court ruled in favor of a petition from Venezuela's cable television association and asked the government to clarify telecommunications laws related to the case, according to a statement on the court's Web site. The network, based in Miami, began broadcasting on cable on July 16. Chavez's decision earlier this year not to renew the broadcast license for Radio Caracas Television triggered weeks of protests at home and condemnation abroad over what critics viewed as an attack on free speech. The television network, the country's oldest and most widely viewed, has been a staunch government critic. ``What's happening in Venezuela is a tragedy,'' RCTV Chairman Marcel Granier said today in comments broadcast by Globovision after the court's decision. ``Nobody is allowed to express themselves freely.'' At issue is a government ruling that Radio Caracas Television International must register with the telecommunications agency as a domestic media outlet. That would require the network to abide by laws that include pre-empting regular programming to transmit Chavez's speeches. Without registration, cable providers that carry RCTV could have been fined. RCTV International says it should be considered an international channel outside Venezuela's jurisdiction like Cable New Network or Fox News because of its distribution beyond the country. The government argued that almost all of RCTV International's facilities, including production staff, are in Caracas. Its audience is almost entirely Venezuelan, making it a domestic broadcaster, according to the government. The Supreme Court today asked the government to provide a more clear definition of what constitutes a domestic media outlet. *** AP via The Washington Post - August 1, 2007 http://www.washingtonpost.com/wp-dyn/content/article/2007/08/01/AR2007080101101.html Venezuelan Court Rules for TV Station By Fabiola Sanchez The Associated Press CARACAS, Venezuela -- Venezuela's Supreme Court ruled Wednesday that an opposition-aligned TV channel will remain on cable for now, acting just hours before a government-set deadline that could have yanked it from the cable lineup. The Supreme Court of Justice said in a statement that it suspended the telecommunications commission's order for Radio Caracas Television and other cable channels to register as national producers, a category that would require them to interrupt programming to carry some of President Hugo Chavez's speeches. With its ruling, the court -- which was selected by the Chavez-dominated National Assembly -- defused a political standoff and opened the way for it to consider which cable and satellite channels should be bound by rules requiring domestic stations to transmit government-mandated programming and commercials. The court's constitutional branch said it decided to take up the case, brought by cable and satellite TV channels, in part due to a lack of regulations clearly defining "national audiovisual production services" and which channels fall under that classification. The channel RCTV International, which has begun transmitting by cable after being forced off the broadcast airwaves, says it disagrees with the requirement to register and intends to be an "international channel." The telecommunications commission had given the channel until midnight Wednesday to register. Venezuela's Chamber of Subscription Television asked the court to intervene and clarify which stations are considered national producers and what requirements they face, chamber president Mario Seijas said. He said other channels could be affected and they should not have "to guess if they are obliged to register" or not. Hours before the court decision, top RCTV executive Marcel Granier accused the government of abusing its power. "We're talking about crimes against human rights here," Granier said. "They are crimes for which they're going to have to pay. ... We'll see how far it goes." Telecommunications Minister Jesse Chacon told Union Radio that RCTV, even as a cable channel, is still clearly a "national audiovisual production service" and is required to be properly registered. Chacon said if RCTV refuses, "it is more for political than economic reasons." "It's false that the government is taking it off cable," Chacon told Union Radio. "The only thing it has to do is register itself to be able to be on cable." The country's oldest private channel, RCTV began transmitting on cable and satellite on July 16, about six weeks after Chavez forced the station off the air by refusing to renew its broadcast license. The president accused the station of supporting a 2002 coup that briefly removed him from power and of repeatedly violating broadcast laws, replacing RCTV with a public-service channel. Many of Venezuela's media outlets are still privately owned and critical of Chavez. But the RCTV case has drawn criticism because only one other major TV broadcaster, Globovision, remains firmly sided with the opposition. Chavez, who insists freedom of expression is being fully respected, regularly takes over the airwaves for marathon speeches, requiring channels to carry portions of them in what is known under Venezuelan law as a "national network." RCTV said being forced to carry such mandatory programming would make its operations "economically nonviable." While other nations have similar provisions, few presidents use it as often as Chavez. *** El Universal - August 1, 2007 http://english.eluniversal.com/2007/08/01/en_pol_art_high-court-refuses-t_01A908767.shtml High court refuses to return channel 2 to RCTV By Juan Francisco Alonso RCTV Internacional could go off the air at midnight Wednesday, if government authorities do not extend a deadline for enrollment as domestic audiovisual producer. The Political-Administrative Court, Supreme Tribunal of Justice (TSJ) Tuesday refused to return to private television channel Radio Caracas Television (RCTV) the open signal on which the network broadcast since 1953 until last May 27. The high court therefore denied a precautionary measure requested by private TV channel Radio Caracas TelevisiC3n (RCTV) last June seeking resumption of operations on open signal through channel 2 temporarily, while the TSJ determined whether the way the government refused to renew RCTV license to broadcast on open signal was lawful or not. In her ruling, Justice Evelyn Marrero overruled the petition, claiming that admitting the action would amount to an anticipated opinion. She argued that admitting the petition would endorse the claims made by 1BC holding, the parent company of RCTV. Such allegations, Marrero added, have to be heard under the legal action 1BC has filed against the Venezuelan government. In the ruling, however, the Political-Administrative Court did decide over some of the claims RCTV made against the Ministry of Telecommunications. Regarding allegations that no process was open to assess the reasons not to renew the broadcast license for the television channel, the ruling stated: "Expiration of a license is a fatal fact that takes place on due time, therefore the administration needs not making any statement about such fact." The ruling also found that the Ministry of Telecommunications did not incur in deviation of powers; rather, it argued that the body made moves to "secure television services." Marrero also dismissed the economic damages inflicted to RCTV shareholders, 3,000 workers and hundreds of suppliers as a result of discontinuance of operations on open signal last May 27. "The Court found no evidence of the alleged economic damages, as it is a public and outstanding fact that this company continues to operate and broadcast, thus making us assume that it is meeting its obligations." The ruling was published 24 hours before expiration of the deadline the Venezuelan government has imposed on local cable and satellite television firms to take RCTV signal off the air, as the network refused to enroll as a domestic audiovisual producer. RCTV started broadcasts on paid television last July 16, 50 days alfer it stopped operations on open signal, following President Hugo ChC!vez' decision not to renew its broadcast license. * ================================================================= .NY Transfer News Collective * A Service of Blythe Systems . Since 1985 - Information for the Rest of Us . .339 Lafayette St., New York, NY 10012 http://www.blythe.org . List Archives: https://blythe-systems.com/pipermail/nytr/ . 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