and WENDELL VIGILIA
THE National Telecommunications Commission on Tuesday ordered broadcast network ABS-CBN to cease operations.
Complying with the order, the network went off air at around 8 p.m.
Rep. Antonio Albano, vice chairman of the House committee on legislative franchises, said Congress will order the telecoms body to explain its action.
“We are up in arms against this,” Albano told radio dzMM, adding that only Congress can grant or revoke franchise.
Palawan Rep. Franz Alvarez, chair of the House committee on legislative franchises, threatened to have NTC officials cited in contempt for giving in to pressure from Solicitor General Jose Calida.
“If the NTC chooses to succumb to the pressure of the Solicitor General, and disregard the commitments they gave under oath, we reserve the right to call them before Congress and explain why they should not be held in contempt,” he said in a statement.
Calida in February asked the Supreme Court to revoke ABS-CBN’s franchise and that of its subsidiary, ABS-CBN Convergence, for alleged violations of franchise provisions. Last Sunday, he warned the NTC it could face charges if it issues ABS-CBN a provisional authority to operate.
NTC Commissioner Gamaliel Cordoba, at a hearing of the House committee on legislative franchises in March, said, “May I assure this committee that barring a gross violation of its franchise of the NTC rules and regulations, the NTC will follow the latest advice of the DOJ (Department of Justice) and let ABS-CBN continue operations based on equity.”
Opposition lawmakers described the order for the channel to suspend operations as “ill-timed” given the need to inform the public in the battle against the coronavirus outbreak in the country.
In a statement, ABS-CBN said it will stop operations Tuesday evening to comply with the NTC order while also imploring House lawmakers to renew its franchise which expired on May 4.
“We trust that the government will decide on our franchise with the best interest of the Filipino people in mind, recognizing ABS-CBN’s role and efforts in providing the latest news and information during these challenging times,” the channel said in a statement.
Duterte has repeatedly threatened to block the renewal of ABS-CBN’s franchise, after the channel angered him during the 2016 presidential election by refusing to air his campaign commercials.
Presidential spokesman Harry Roque said the government was grateful for the broadcaster’s service, but ABS-CBN’s fate lay with the Congress.
The channel also said it had been given assurances that it could carry on broadcasting while the bills to extend its franchise still lay with the Congress.
Yet, NTC Deputy Commissioner Edgardo Cabarios said that the order for the channel stop operations took immediate effect, but added that ABS-CBN could appeal through the courts. The regulator also gave ABS-CBN 10 days to respond and explain why frequencies assigned to it should not be recalled.
ABS-CBN, a 66-year-old entertainment and media conglomerate, employs nearly 7,000 people, operates radio and television stations nationwide and distributes online content.
In an order, the NTC directed ABS-CBN to immediately cease and desist from operating its television and radio stations upon the receipt of the order. These include 42 TV stations, 23 radio stations and 10 digital terrestrial television broadcast (DTTB) stations.
ABS-CBN was also given 10 days from receipt of the order to say why the frequencies assigned to it should not be recalled for lack of a congressional franchise.
“Failure to file an answer within the period herein granted shall be considered respondents waiver of its right to be heard and the commission shall render such judgement as the law and evidence may warrant.” NTC order said.
Republic Act No. 7966 which granted ABS-CBN a 25-year franchise to operate TV and radio broadcasting stations, expired on May 4, 2020.
In compliance with the NTC order, ABS-CBN stopped TV and radio broadcasting on the evening of May 5.
In an interview with dzMM last week, Speaker Alan Peter Cayetano gave the assurance there is no move to shut down the network.
Alvarez said with the legal opinion of the Department of Justice and the authority given by the House of Representatives for the NTC to issue a provisional authority allowing the network to continue operating, he said “there is no reason for ABS-CBN to discontinue or stop their operations until we make a final decision.”
Alvarez said the House is taking the matter as a challenge to its legislative authority because the power to grant or reject applications for legislative franchises is an exclusive power of Congress.
He said the House is “aware” of Calida’s efforts to pressure the NTC to go against the opinion of the DOJ, which states that ABS-CBN may continue to broadcast while Congress deliberates on the renewal of its franchise.
“We would like to make it clear that Congress takes this matter very seriously, as it directly challenges our exclusive Constitutional authority to grant, deny, extend, revoke or modify broadcast franchises. Including having the primary jurisdiction to make an initial determination whether an application for a legislative franchise should be granted or denied,” he said.
Alvarez said the legislative power of Congress “is complete, full, and plenary” and since a legislative franchise is a law, lawmakers are well within their mandate to decide whether to grant or deny it.
“The Solicitor General should have the decency to give Congress this courtesy to complete the exercise of its power,” he said.
Having already begun the deliberations on ABS-CBN’s application for renewal of its franchise before Congress adjourned in March, Alvarez said his panel “will not be dictated upon by any individual or agency as to the manner, schedule, and conduct of its official business.”
Consistent with precedents, he said the panel enjoined the NTC to allow ABS-CBN to operate until such time that the House makes a final decision on the franchise application.
“This is necessary to allow Congress sufficient time to assess the qualifications of the applicant and make a complete review of the positions of the different stakeholders. Particularly since there are many voices for and against the renewal,” he said.
Albay Rep. Joey Salceda appealed to the NTC and other regulatory agencies not to preempt Congress from performing its mandate, saying they have to understand that the timeline for tackling ABS-CBN’s franchise changed because the country’s priorities have also changed.
“But it does not mean we are abandoning the discussion. The NTC should not have abandoned its prior commitment to Congress to allow ABS-CBN, in the interim, to operate, in deference to the supreme authority of Congress to decide the question of ABS-CBN’s continued operation,” he said.
Salceda reminded the agencies that because of the COVID-19 crisis and heightened economic uncertainty, business confidence is very low “so let’s not rock the boat when the waves are tough, especially when all of us are in that boat.”
He said the NTC action should serve as a warming to Congress “that if we do not do our job, the Executive will do it for us, step into any existential void, fill in any power gap guided only by its own narrow worldview of what constitutes national interest.”
NO NEED FOR FRANCHISE?
Deputy speaker Prospero Pichay Jr. of Surigao del Sur said broadcast companies like TV and radio stations are actually not required to obtain a legislative franchise before they could begin operating.
Pichay said while at present broadcast companies still apply for a franchise with Congress, the Public Telecommunications Policy Act of 1995 (RA 7925) only mandates public telecommunications entities — and not broadcast companies — to fulfill this requirement.
“The law is very clear. RA 7925 states that only public telecommunications entities are required to obtain a legislative franchise. Inexplicably, the law does not require broadcast entities to seek a legislative franchise,” Pichay said in a statement.
Pichay last Monday filed House Bill No. 6680 on Monday to amend provisions of RA 7925 so that broadcast companies would also be covered by the legislative franchise requirement.
He said the Telecommunications Act clearly takes note of the difference between telecommunications and broadcast enterprises, which are distinct sectors. In fact, the two activities are defined separately under Section 3 of RA 7925.
“Under RA 7925, the terms ‘telecommunications,’ ‘broadcasting,’ ‘public telecommunications entity’ and ‘franchise’ were clearly defined. The definition of a public telecommunications entity does not include broadcasting, which is a separate and distinct activity. Neither does the definition of franchise include broadcast entities,” he said.
Sen. Grace Poe, Senate public services committee chair, said Congress can readily solve the issue by conducting hearings on the franchise renewal application.
“The ball is in the court of Congress if they pass the franchise. ABS has 10 days with regards to the cease and desist order of the NTC. I don’t think there’s a problem with us solving this issue,” Poe said.
Senate majority leader Juan Miguel Zubiri said NTC’s order was “irregular and improper” especially at this time when the public needs media for updates on the COVID-19 pandemic.
Zubiri said NTC should not pick on ABS-CBN. He said there have been instances when networks were allowed to operate as their franchise renewals are still pending before Congress.
Senate minority leader Franklin Drilon described the NTC’s timing in ordering the network to stop operations as a grave abuse of discretion.
“We are condemning this as contrary to law and grace abuse of discretion. The SC itself has said that provisional authority can be authorized to be issued where the application for renewal of the franchise is pending. The SOJ (secretary of justice} himself said with the concurrence of the two houses with the matter pending, the NTC can issue the provisional authority,” Drilon said.
Sen. Joel Villanueva said the NTC gave its word before the senators that it will issue provisional authority to ABS CBN while its franchise is still pending before Congress.
Justice Secretary Menardo Guevarra said the cease and desist
order can still be appealed with the courts.
He also said: “The NTC requested our opinion and the DOJ gave them an advice in accordance with law and equity. The Congress expressed essentially the same view as that of the DOJ and further enjoined the NTC to issue a
provisional authority to ABS-CBN. The NTC issued a cease-and-desist
order instead. It must have a very good reason for doing so. Let’s
wait for its explanation.” — With Raymond Africa and Reuters
