Caracas Chronicles

RCTV didn't transmit a cadena. They're playing chicken with Hugo. Obviously he'll try to shut them down, but is there anyone in the whole planet (other than Ecuador, Bolivia, Cuba and Iran) that would support him if he does so?

How the content gets delivered to the final user, notice I said final, is one thing.

How the content gets to the distribution point (Cable or Satellite company) is another.

You could argue that satellite signals DO use the public spectrum, and that if your business does use those spectra, it can be regulated.

In RCTV's case, they are using satellite spectra to get their content to Cable companies in Venezuela (at least I assume so, either that or they're using broadband, which I doubt). If we're talking DirecTV, content is beamed directly to the subscriber via public spectra as well.

So while your point that the signal from the Cable company, via private cables (valga la redundancia), to the final user should not be interfered with has validity, there is nothing that can stop a "normal" government from regulating how the use of public spectra occurs. In this particular case, the 10,000 lb. gorilla just does whatever it effin pleases.

I do not mean to indicate that I support the Chavez approach to mindless blather, I just think your argument doesn't hold water, even if saying that really sucks, because I wish it did!

You are just putting ideas in those wee Bolivarian heads of theirs. Now they will think about a legislation on tin-can phone conversations.

Seriously:

I think most people including me agree with you. Still, I wonder if the people should not ALSO look it the other way around: the airwaves and the state resources are NOT owned by the government in power, but the government in power must guarantee the people have equal access to the state resources, including Venezuela's public TV and radio. Ahora VTV es de todos, o no? This does not say we have to forget about the attacks on private means, but I think it is not unrelated: we should counter-attack.

This is far from what we see in Venezuela, even in the rest of America, but I don't think it would be bad to bring the topic to us.
In Germany (and other countries) there is some sort of National Media council that manages the state TV and radi resources. This council is in general composed of members from the different parties according to their weights at the previous elections. This setup forces people to work together and this makes workers at the TV stations very independent (comparatively speaking, nothing is perfect). You don't see them changing every 4 (5, 6) years.

Even the directors, appointed by the council, don't change that often. There was an exception recently with the ZDF station in Germany as the christian democrats did not want the current head to continue, but they always have to come to some compromise.
What we get are journalists that are pitiless with the government AND the opposition alike.
What we get are moderators that do a relatively good work of being rather neutral referees between the main parties (from very right to very left) on frequent live debates.
It is not perfect, but very good generally.
People don't know that kind of system in any country in America, I think, but for canada (maybe I am wrong, how does the cnc works there?)
It would be nice if we started to bring about the discussion: in other countries, at the very least, all political parties have rights to access the state TV, the state radio. It is not under control of the ruling party.
We also want, if not our cadenas, at least our La Mente Pensante before or after La Hojilla.

Quico

Of all people, of course you know there are no private property rights remaining in Venezuela. Anyone that thinks so is just kidding themselves. Chavez wants Exito but no law exist on Monday? Well now the law exist on Tuesday. Chavez owns a new socialist supermarket chain. People that think they still have private property rights are only those that Chavez has not gotten around to yet.

Now el comandante commandeers the TV cable signal. How shocking!

The repeated violations of the constitution by Chavez with the approval of TSJ are not going inadvertent. I think the country (chavistas and oppo) are silently taking note. It feels that the government boat is sinking rapidly. 11 years of deliberate destruction combined with the most outrageous incompetence are starting to show all at once. 2010 is the year. Chavez just declared that there is not enough gas for thermoelectric plants. He is obviously preparing people for what comes after the rain season starts: the electricity shortage will persist, even if it rains for three months in a row. I have many friends working on multibillion dollar projects for the past 8 years to develop a pipeline to transport gas from the “rich gas reservoirs” in the east northern coast of Venezuela to the gas deprived reservoirs on the west side (Maracaibo lake). They told me all along: Trino, we don’t know why the government is spending all this money on pipelines, there is no gas to transport! 8 years after, Chavez announces that there is no gas….and that this is the fourth republic’s fault! Incompetence runs short. Even calling him a clown feels diminishing for clowns.

All these absurd violations of the law have me thinking about the upcoming AN election.
It seems as if the opposition is intent on making this an election about "issues". You know the kind - we promise to pass this law, we promise to push taht law.
But is there in any point in kidding ourselves? Does this not assume that laws have a meaning in Venezuela?
Assuming we win the majority, is there any doubt that chavismo will do whatever it wants and sabotage our every move, using the TSJ, the CNE and whatever tools it has available?
In that case, isn't it best to level with the Venezuelan people and simply say that, should we win the AN, we will restore democracy in the country, plain and simple? Becuase, really, that's the only reason to vote for the opposition. Either you support democracy and property rights, or you don't, in which case you should vote for the PSUV.

I strongly disagree. I believe it should be mandatory for every Venezuelan to watch Alo and every cadena... it would force everyone to see and hear the lies, and may actually motivate and mobilize el pueblo to do something constructive. Lazarus

I know this is a bit off topic, yet, it is the kind of issues that relate to government information.

What have y'all heard about Miraflores being taken over the week of the brown-outs, before Chávez removal of the secretary of electric power, by people who did not let anyone in (specially not the media)?
Rumors are circulating in Caracas about a west-side crowd (as oppossed to the eastern "escuálidos") that like the "cacerolas" in Coche blocked Miraflores denouncing Chávez "yo-no-fui" or "I-did-not-know" attitude.

Of course, these kind of rumors are the kind the cadenas try to counter...

I just watched the press conference held by Marcel Granier of RCTV International. This morning, RCTV did not broadcast the Cadena, and tonight, he pretty much dared Chavez to do something about it. And right before a programmed giant march in Caracas.

Interesting indeed...

Just a couple of details.

Although it is called 'cable' I would be surprised if more than 5% of cable subscribers actually get the signal via a cable (or optic link for that matter). Most of them would get it either: 1.) Via satellite or 2.) via high-frequency microwave links. A few years ago #2 was the dominant media, I think now #1 is the vast majority of it.

In both cases it is still radio-electric spectrum. In both cases it is still regulated by government institutions. In the case of #2, the government could decide (the same way they did before with RCTV) that they have no more rights to the spectrum they are transmitting in (taking down whole cable companies in the process).

In the case of #1, the spectrum is governed by international agreements and international law. Disregarding the legality, even if he wanted to do something about it—given that satellites are in space, and the owners do not reside in Venezuela—Chavez has no real way to 'legally' reach them. Of course, he could attempt (at great cost) to jam the satelite signals, but this would risk international sanctions for illegally transmitting in reserved spectrum (not to mention national ones for all of his followers that rely on DirectTV to get them away from Cadena misery).

The only recourse he could have would be to prosecute anyone in Venezuela related to the specific 'offending channels'. What the charges might be is anyone's guess, but when has that stopped Chavez?

That he keeps pursuing this fight tells me that, either he is delusional, or the amount of penetration of this cable networks must be starting to hurt.

There has to be a wire from the originator to the receiver. Unless the facilities are physically adjacent, the wire has to pass through or along or over or under public space.

Let's say the wires are strung on utility poles. Those poles are erected on the sides of public thoroughfares (streets and alleys in the U.S.). The poles cannot hold up an unlimited number of wires.

The right to erect utility poles, and to string wires on them, is granted by the municipal authority.

Incidentally, cell phone operation does mutually interfere. It's just that cell technology makes such efficient use of spectrum and range that there is no contention at present usage. But if enough phones tried to operate in the same cell at the same time, there would be overload. Maybe 10,000 phones. Or 10,000 laptops with cellular modems, all streaming video or something.

Although I like a good "Devil's Advocate" debate as much as the next guy, I don't think it is truly relevant. The AN has passed a new law, and regardless of its constitutionality (does that word have any meaning any longer?), Chavez is going to use it to to try to force RCTV to broadcast his propaganda. Based on what I have seen, RCTV has established offices and production outside of Venezuela and is prepared to simply abandon its physical presence in Venezuela, but will continue to produce content aimed at Venezuela and against Chavez.

Once Chavez has completely exiled RCTV, the only recourse he will have will be to pressure or attack the cable providers: DirectTV, SuperCable, InterCable, etc. So, what I would like to know is how will DirectTV respond if they are ordered by Chavez to drop RCTV? Ultimately, he could seize the offices of DirectTV in Venezuela, which would make it very impossible (or at least very difficult) for them to collect revenues here. However, he can't eliminate the satellite signal. The other companies that use cable or ground based transmissions are more vulnerable.

Is it possible that DirectTV would simply choose to continue their service to Venezuela even if they cannot collect revenue? Would the Cable providers simply bow to Chavez's demands? If not, would Chavez then make ownership of private satellite dishes illegal?

I don't know the answers to these questions, and I am no expert on the technology. I think that exploring these questions and eventualities would be more productive than splitting legal hairs. After all, of what importance is such theoretical legal analysis when the TSJ has already taken an axe to the whole constitution?