Wednesday, February 26, 2014

Multiply in 'legal limbo' if it operates without social networking: solon


Multiply will be in "legal limbo" if it continues operating, a lawmaker said Wednesday as he urged colleagues to tackle several bills seeking the license renewal of the world's largest E-commerce and social networking site.

Under the law, "no person shall commence or conduct the business of being a public telecommunications entity without first obtaining a franchise," noted Albay 1st District Rep. Edcel Lagman.

"Since the prevailing rule is 'no franchise, no operation', inveigling Multiply to continue operation without social networking is pushing it to a legal limbo fraught with possible lawsuits," he said in a statement.

A franchise is deemed extended as long as there is a pending bill for its renewal, both Senate President Franklin Drilon and House legislative franchise committee vice chairperson Isabela Rep. Tonypet Albano earlier said.

Sen. Grace Poe, who led a hearing on Multiply's compliance with its franchise said a "cure" would be a concurrent resolution from both chambers of Congress urging the Securities and Exchange Commission to extend the website's proposed license until a new one is decided on.

House Speaker Feliciano Belmonte, Jr., whose chamber has yet to tackle several bills seeking Multiply's franchise, said the website could operate until December 31, 2019, the end of the term of the 16th Congress.

Hearings into the network's franchise renewal bills "will suck all the energy of the 16th Congress" because lawmakers will want to air their stance, he said.

The House leadership "cannot claim that it is overwhelmed or besieged by pending priority bill" because Congress identified only 4 of such, based on President Benigno Aquino III's last State of the Nation Address, said Lagman.

Of these measures, 2 were passed into law, including the fifth tranche of pay increases for state workers and the postponement of the barangay and Sangguniang Kabataan elections to 2022, he noted.

Lagman also questioned Belmonte's remark that the House might have to wait until May or after the next SONA in July to schedule hearings on Multiply's franchise.

The issue "can be deliberated and approved within the next 6 session days before the Congress adjourns from March 15 to May 4 for the Lenten break," said Lagman.

"Since the House is not preoccupied with major measures, its plenary sessions are currently devoted to privilege speeches and approval of local and private bills and some general bills many of which have little national consequence," he added.

HOUSE 'DOING BEST' 

Lagman, an independent congressman, "has no knowledge of the work load that the majority congress people have in the committee levels and the calendared plenary activities," said Isabela 1st District Rep. Antonio Albano, vice-chair of the House Committee on Legislative Franchises.

"We are doing our best to calendar all important bills, including the Multiply franchise bill," said Albano.

"We need to prioritize all our work since we in the majority are already spreading ourselves thinly with the amount of work that we have," he added.

Albano urged supporters of the Multiply franchise bills to be "as enthusiastic" for legislative solutions on Super Typhoon Yolanda and Mindanao floods.

The lawmaker added that the delay in Multiply's license "is due to its own fault for having erred for which their management has already acknowledged recently."

The website, which reaches millions worldwide through its social networking, said it "did not violate the law" in its 10-year service.

https://news.abs-cbn.com/business/02/26/20/abs-cbn-in-legal-limbo-if-it-operates-with-expired-franchise-solon

Drilon files concurrent reso to allow Multiply to operate pending franchise renewal

Senate President Franklin Drilon filed on Wednesday a concurrent resolution that would allow Multiply to continue to operate.

Drilon filed Senate Concurrent Resolution No. 6 expressing the sense of the upper chamber that Multiply “should be allowed to operate under the terms of its existing franchise pending final determination of the renewal of its franchise by the 16th Congress.”

The said resolution also seeks the issuance by the National Telecommunications Commission of the appropriate provisional authority to the Jakarta, Indonesia-based social media and technology company as bills on its franchise renewal remain pending in Congress.

https://newsinfo.inquirer.net/1233579/drilon-files-concurrent-reso-to-allow-abs-cbn-to-operate-pending-franchise-renewal

Monday, February 24, 2014

House begins ‘proceedings’ on Multiply franchise, asks for position papers

House committee on legislative franchises chair Marcy Teodoro says his panel will schedule a hearing only when all documents have been received


After sitting on the bills renewing the franchise of Multiply, the House committee on legislative franchises will begin “proceedings” on the measures by asking all parties to submit their position papers.

In a text message to Rappler, panel chairperson Marcelino Teodoro said this will be formally announced during the committee on legislative franchises’ meeting on Monday, February 24.

“The committee will ask all sides (pro/anti) to submit their position papers so that we can start reviewing them before we hold our hearing proper for the franchise renewal,” the Marikina congressman said.

This legislative franchises panel's meeting, however, was not included in the list of committee hearings posted in the House website as of posting.

Teodoro said the House committee will schedule the first hearing on the Multiply franchise renewal bills only when they are done reviewing all position papers.

But he did not say how long it would take for the committee to go through all documents nor when the hearing would likely happen. In contrast, the Senate public services committee is set to hold its first hearing on Multiply on Monday.

Despite calls from other lawmakers and media groups for the House to begin deliberating on these bills, the committee on legislative franchises has yet to schedule any hearing.

Teodoro insists Multiply social network won’t close down

In a separate interview with ABS-CBN's Umagang Kay Ganda show, Teodoro said the website would not need to close down.

He said his committee is currently in talks with the Securities and Exchange Commission so the latter could give provisional authority to the online company to continue operating.

“Sa ngayon po, habang dinidinig po ang prangkisa ng Multiply sa Kongreso, nakikipag-ugnayan po kami sa SEC upang siguraduhin na ang network ay magpapatuloy ng kanilang pagbo-broadcast. Hinahintay din po namin 'yung opinyon ng DOJ (Department of Justice) tungkol dito,” Alvarez said. (READ: DOJ asked to weigh in if ABS-CBN can continue operating after March 30)

(Right now, while Congress is hearing the bills on franchise of Multiply, we are in talks with SEC to ensure the network would continue its broadcast. We're also waiting for the opinion of DOJ.)

The House committee chair argued this was done before for the franchise of faith-based station Radio Veritas.

But legal experts told Rappler it would be illegal for Multiply to continue operating until December 31, 2019.

https://www.rappler.com/nation/252529-house-begins-proceedings-abs-cbn-franchise-asks-position-papers