The National Telecommunication Commission (NTC) yesterday said it has elevated to the Department of Justice the case raised by Anti-Red Tape Authority (ARTA) saying it has no jurisdiction over the application of Now Corp. unit News and Entertainment Network Corp. (Newsnet).
In response to ARTA’s order mandating the NTC to issue a certificate of public convenience to Newsnet, NTC said ARTA has no jurisdiction over its quasi-judicial functions which are not covered by the 3, 7 and 20-day periods and that radio frequency assignment, subject to treaty obligations, is also exempt from ARTA’s coverage.
With issues arising from the case, “the NTC has elevated the matter to the Department of Justice (DOJ) for arbitration in accordance with Presidential Decree 242 and the Revised Administrative Code regarding controversies among government agencies.” NTC said.
NTC said the intervention of the ARTA on the application of Newsnet with the NTC was unnecessary.
The NTC has granted a provisional authority to Newsnet on Jan. 27, 2020, and notified ARTA about the order.
In the same decision, the NTC has consequently directed Newsnet and GHT to co-use the frequencies.
Meanwhile, 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 Oct. r 19, 2018.
