ARTA denies Newsnet plea over permit application

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The Anti-Red Tape Authority (ARTA) denied with finality the motion for reconsideration filed by News and Entertainment Network Corp. (Newsnet) seeking the reversal of the authority’s earlier resolution which set aside its Declaration of Completeness and Order of Automatic Approval in favor of Newsnet.

In its resolution dated Aug. 22, 2022, ARTA declared that, “the Authority will continue to abide by the Secretary of Justice (SOJ) Resolution dated 9 July 2021, which has already become final and executory per OP (Office of the President) Order dated April 25, 2022.”

The Department of Justice reversed and set aside the Order of Automatic Approval on the application for permits earlier issued by the ARTA in favor of Newsnet, upholding that the Ease of Doing Business Act Act did not apply to proceedings before the National Telecommunication Commission (NTC) with respect to the assignment and use of frequencies.

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“[i]nsofar as the Authority is concerned, it has considered all the arguments of the parties in the light of the SOJ Resolution dated 9 July 2021 in OSJ Case No. 01-2020, which has already become final and executory, and having already endorsed to NTC the subject application following the said SOJ Resolution, hence it resolves the matter herein as well with finality and any similar motions or manifestations in this case will no longer be entertained.”

Meanwhile, the Court of Appeals (CA) special eighth division earlier this month resolved the ARTA powers over NTC on Newsnet, ordering the regulator to assign the same 26 GHz frequency in favor of NEWSNET nationwide. The same CA decision states that regardless of the fact that said frequencies are now considered 5G (fifth generation) by the International Telecommunications Union, Newsnet maintains rights over it.

Ernesto Perez, ARTA officer-in-charge director-general said the CA decision is not yet final and executory until it reaches the Supreme Court.

“No bearing as of this time because ARTA is not a party to the CA decision, which is not yet final and executory until it reaches the Supreme Court. Unless the SOJ Resolution ordering ARTA to set aside its prior order of automatic approval order against NTC is reversed or set aside by the Supreme Court, ARTA is bound to comply as it did,” Perez said in a text message.

He said the CA decision conflicts with the DOJ resolution, which ruled in an arbitration case between ARTA and the NTC, that ARTA has no jurisdiction over the quasi-judicial function of NTC to grant radio frequencies.

The DOJ resolution directed ARTA to set aside its earlier order of automatic approval to NTC to grant that radio frequency to NOW Telecom, which resolution became final after ARTA’s appeal to the OP was dismissed.

NOW Telecom, contending that the ARTA’s Automatic Approval Order to NTC is already final , filed a petition for mandamus to the CA to compel NTC to comply with the ARTA Order.

When ARTA’s appeal in the arbitration case was dismissed by the OP, NTC filed a motion with ARTA to set aside its automatic approval order. Also, DITO Telecoms, filed a motion for intervention with ARTA, claiming the subject radio frequency was already assigned to it.

Perez added “the motion for reconsideration in our office filed by NOW Telecoms was already denied following the SOJ resolution”.

Meanwhile, the CA has set aside the NTC decision to terminate Newsnet’s permits to operate pay TV and multi-media services in Metro Manila.

 

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