The Anti-Red Tape Authority (ARTA) has ordered the National Telecommunications Commission (NTC) to immediately issue a permit to Now Corp. unit News and Entertainment Network Corp. (Newsnet) to continue operating its pay television and multimedia services in the country.
This after ARTA found the NTC violated certain provisions of the Ease of Doing Business and Efficient Government Service Delivery Act of 2018 as well as its implementing rules and regulations, due to failure to issue a certificate of public convenience (CPC) within the period required by the law and the rules despite Newsnet’s compliance with all the requirements.
The order, signed by Jeremiah Belgica, ARTA director general, and promulgated last February 12, warned the NTC that failure to comply with the order to issue the CPC to Newsnet shall constrain ARTA to file the appropriate case or action in the proper forum.
Newsnet applied for a CPC to install, operate and maintain a local multi-point distribution system to deliver interactive pay television and multimedia services in South Luzon, North Luzon, Visayas and Mindanao in the 25.35 to 26.35 gigahertz frequency range, with the authority to charge rates for this.
In an affidavit submitted to ARTA last January, Newsnet said it has submitted all the requirements for the issuance of the CPC. These requirements were duly admitted by the NTC through an order dated October 19, 2018.
The company added it has paid the required fees. Still, there was a delay of more than one year in the approval or disapproval of its application for a CPC, Newsnet said.
Belgica said after due investigation and evaluation of the arguments and documents submitted by both parties, ARTA declared the completeness of Newsnet’s application and consequently, such application is deemed automatically approved pursuant to Section 10 of Republic Act (RA) 11032 or the Ease of Doing Business Law.
ARTA also directed the NTC to submit its compliance report within three working days from receipt of the order.
The implementing rules of RA 1103 require a maximum period of seven working days for processing/approval of licenses, clearance, permits, certifications or authorizations for the installation and operation of telecommunication, broadcast towers, facilities, equipment and service by the NTC.
Also, NTC’s own Rules of Practice and Procedure mandate it to render a decision within 30 days from the date the application was submitted to the body for decision on the merits. In the case of Newsnet’s application, the NTC took more than 10 months without either approving or disapproving it.
