(IPYS/IFEX) – The National Telecommunications Commission (Comisión Nacional de Telecomunicaciones, CONATEL) has fined Globovisión television station US$360,750 and will not be returning equipment that was confiscated from the station on 3 October 2003. Globovisión, a 24-hour news station that has taken a clear position against President Hugo Chávez’s government, was accused of “illegal frequency use”. […]
(IPYS/IFEX) – The National Telecommunications Commission (Comisión Nacional de Telecomunicaciones, CONATEL) has fined Globovisión television station US$360,750 and will not be returning equipment that was confiscated from the station on 3 October 2003. Globovisión, a 24-hour news station that has taken a clear position against President Hugo Chávez’s government, was accused of “illegal frequency use”.
CONATEL, which operates under the Infrastructure Ministry and regulates the telecommunications sector, announced the ruling against Globovisión on its website. “In accordance with Article 166 no. 1, Article 173 no. 1 and Article 175 of the Telecommunications Law [Ley Orgánica de Telecomunicaciones], the mentioned operator is fined 30,000 taxation units, equivalent to 582,000,000 bolívares (US$360,750), in addition to confiscation of the equipment used to commit the offence,” CONATEL stated. Globovisión was further ordered to cease the activities that had lead to the action against it. CONATEL said that it had demonstrated that Globovisión was using frequencies for which it did not have a licence.
Globovisión released a statement saying that CONATEL failed to take into consideration most of the evidence presented by the television station and that, during the proceedings, the television station proved that its use of the frequencies was legal, which was also demonstrated in the inspections carried out by CONATEL. Globovisión went on to say that a licence is not required for use of the portable microwave frequency equipment in question and, as such, the station cannot be accused of “clandestine use of the frequency.”
The action against Globovisión began when CONATEL officials inspected the television station on 3 October and confiscated the microwave frequency transmission equipment.
The Inter-American Commission on Human Rights subsequently issued precautionary measures in favour of Globovisión, recommending that the Venezuelan government take action to facilitate the return of the equipment to the television station.
Globovisión representatives are appealing before the Supreme Court’s political and administrative section to overturn CONATEL’s decision, claiming that the ruling against the television station violates constitutional principles, the right to due process and the presumption of innocence.
Globovisión broadcasts information 24 hours a day and has been operating for nine years. The permanent confiscation of Globovisión’s equipment reduces the station’s capacity to do live broadcasts from outside its studios.
