AMID calls for the return of ABS-CBN Channel 2 to television and radio, the House of Representatives on Wednesday approved on second reading a bill seeking to grant the media network a provisional franchise to resume operation until the end of October while Congress is deliberating on several bills seeking to renew its expired 25-year franchise.
On the motion of majority leader Martin Romualdez, the plenary was initially convened as a committee of the whole before Speaker Alan Peter Cayetano and other lawmakers rose on the floor to sponsor House Bill No. 6732, “An Act Granting the ABS-CBN Broadcasting Corp. a Franchise to Construct, Install, Operate and Maintain Television and Radio Broadcasting Stations in the Philippines and for Other Purposes.”
“Providing ABS-CBN with a provisional franchise valid until 31 October 2020 will give both the House of Representatives and the Senate the time to hear the issues being raised for and against the renewal, and assess, with complete impartiality and fairness, whether or not the network shall be granted a franchise for another twenty-five (25) years,” the bill said.
After the sponsorship speeches, the House, with some 30 warm bodies on the floor and hundreds participating via videoconferencing, approved the measure on second reading through voice voting.
The bill is expected to be put to a vote for passage on third and final reading next week.
Under Section 5 (Right of the Government) of the bill, a special right is “reserved to the President of the Philippines, in times of war, rebellion, public peril, calamity, emergency, disaster or disturbance of peace and order, to temporarily take over and operate the stations or facilities of the grantee.”
It empowers the President to temporarily suspend the operation of any station or facility in the interest of public safety, security and public welfare or to authorize the temporary use and operation thereof by any agency of the government, upon due compensation to the grantee for the use of said stations or facilities during the period they shall be operated.
In his sponsorship speech, Cayetano resumed his attack on the National Telecommunications Commission (NTC) for reneging on its vow last March 10 to grant the network a provisional authority to operate pending congressional deliberations on the various franchise renewal bills.
ABS-CBN’s franchise expired on May 4. NTC issued a cease and desist order to the network on May 5 or two days after Solicitor General Jose Calida warned the agency against issuing a provisional authority. Calida has a pending petition with the Supreme Court seeking to revoke the network’s franchise.
Cayetano said while there is nothing more important than prioritizing the fight to defeat the coronavirus disease (COVID-19) pandemic, the NTC’s act has forced the hand of the House to act on the franchise bills.
“You cannot hope to weigh the value of our immediate response to the pandemic as against the concerns of a private corporation. There simply is no comparison,” he said. “Yet this is exactly what the NTC has unnecessarily forced us to do by turning back on its commitment given under oath last March 10 that ABS-CBN will be allowed to continue to broadcast.”
Cayetano said all the NTC had to do at the very least was inform Congress that it could no longer make good on its promise to grant a provisional authority because “this piece of legislation may have been acted upon (by the House) then.”
‘MALICIOUS’
The Speaker also unleashed a mouthful against Calida who allegedly pressured the NTC to issue the cease and desist order which forced ABS-CBN to close down its TV and radio operations.
“The Solicitor General and the NTC: To be clear, we take no offense with your legal opinion even if it is contrary to what the DOJ, both houses of Congress, and precedence. What we do object to and take serious offense with, is the furtive manner by which you deliberately and maliciously undermined the authority of Congress,” he said.
Cayetano noted that the NTC gave its testimony and commitment on March 10 but Calida did not express his objections.
“Why did you communicate with Congress? Why choose to remain silent for close to two months, and on the eve of the opening of Congress, come out with your threats to the NTC? As a fellow lawyer and government worker, we should be working together and not trying to bring each other down,” he said.
‘PROPAGANDISTS’
Cayetano said that while he understands why some journalists have been blaming him for the closure of the TV network, it is unacceptable for them to pressure the House into approving the franchise renewal without discussing all the issues against the network.
“When you blindly call for the approval of the franchise without having heard all sides of the story, then you show yourselves not as advocates of a fair and balanced presentation of the facts as journalists are sworn to be, but as plain and simple propagandists. And I cannot respect that. Do not weaponize this issue for your own personal agenda. That is a disservice to the very public in whose name you claim to stand for,” he said.
Cayetano slammed some ABS-CBN media personalities for allegedly pressuring Congress to prioritize their network’s franchise approval over the passage of the various measures aimed at protecting lives and cushion the economic impact of COVID-19.
“Some may say they are in the service of the Filipino but in the middle of crisis, you want to be prioritized over our people’s needs. You’re one of the reasons why there are issues against your network,” he said.
‘BIASED’
Cayetano again raised the allegation that the network had shown bias in the previous national elections “which our law prohibits.”
“I’m not saying all journalists are like this but in the same way that you paint all politicians as corrupt, all police are abusive, the whole institution is affected by the mistake of some,” he said.
The measure was approved after presidential son Davao City Rep. Paolo Duterte and other House leaders filed a resolution seeking investigate ABS-CBN for the alleged violations of the terms of its franchise. The resolution said ABS-CBN Corp. is operating a pay-per-view channel through free-to-air signals in violation of its legislative franchise.
The allegation is similar to that aired by Calida in the quo warranto petition he filed with the Supreme Court last February.
NO EXPIRY
Senate minority leader Franklin Drilon on Wednesday filed Senate Bill No. 1530 which provides for the non-expiration of a franchise as long as an application for its renewal has been filed.
SBN 1530 amends Section 18, Book VII, Chapter 3 of Revised Administrative Code which provides for the non-expiration of a license where the licensee has filed a timely and sufficient application for renewal, until a final determination by the agency is made. The amendment expands the provision to also include franchises granted by Congress.
“While it is recognized that a franchise, license or certificate is not a privilege, this rule must be tempered with considerations of equity, fairness, due process, and equal protection, particularly when the service being provided has been so woven into everyday life, that its abrupt cessation could give rise to devastating consequences,” Drilon said in his explanatory note.
Referring to the case of ABS-CBN, Drilon said, “We should prevent similar incidents from happening again in the future. We cannot afford to wake up one day without water, electricity or public transportation, only because an agency, a department or a branch of government failed to act on the renewal before the lapse of the license or franchise.”
Drilon’s proposed amendment also states that “there is final determination when an applicant is given written notice of approval or denial of its application for renewal.”
The former justice secretary said the bill does not diminish Congress’ power to grant franchises “as it merely addresses the situation in the interim period.”
“It places in the statute what has been a common practice in the past when it comes to renewal of an expiring franchise, which is to allow it to operate, provided that an application for renewal has been filed within the same Congress,” he added. — With Raymond Africa
