D.O.J. opinion awaited on ABS-CBN franchise; House hearing in August?

By Joel R. San Juan & Jovee Marie N. dela Cruz

THE Department of Justice (DOJ) is set to issue a legal opinion on whether television giant ABS-CBN may be allowed to continue operations pending action by Congress on bills seeking the renewal of its Legislative franchise which is set to expire on March 30.

The DOJ plan was revealed as Speaker Alan Peter Cayetano said on Thursday no hearings will be set on the franchise renewal until May or even August.

Justice Secretary Menardo Guevarra confirmed that a legal opinion was sought by the  National Telecommunications Commission (NTC) in a letter sent last Tuesday.

“We got it last Tuesday afternoon and we hope to reply by next week,” Guevarra said.

“The main question asked by the NTC is whether or not ABS-CBN may continue operating after the lapse of the franchise period, pending action by the Congress on the franchise renewal bills,” he added.

No franchise renewal will be granted to ABS-CBN Corp. before its expiration on March 30, 2020, as the House of Representatives plans to hear the bills renewing the franchise of the TV network not earlier than August, Cayetano said in an interview.

The hearing on the franchise renewal could be done after President Duterte delivers his State of the Nation Address, which is scheduled every fourth Monday of July, he added.

“There are two options: [one] is that in May depending on what we can accomplish in the next three weeks and the longer option is right after SONA…objectively, is early August,” Cayetano said.

Cayetano said the session days are shorter in May compared to the period of July until October.

Under the calendar of sessions, Congress is set to take a break from March 14 to May 3. It will resume session on May 4 to June 5 before the sine die adjournment on June 6 to July 19.

“This is not like a television soap opera that gets better with cliffhangers. If we would hold hearings for two weeks and there’s not enough time because of congressional recess, or even if we conduct hearings during recess, we could still not tackle it before the plenary,” Cayetano said.

“But here in Congress, in my experience, it would be better to finish what we’ve started,” he added.

However, Cayetano assured the public that the House is coordinating with the NTC so that ABS-CBN could continue its operation after the lapse of the franchise period.

He gave assurances that the lower chamber is considering the 11,000 regular and contructual employees of ABS-CBN in the approval of the Legislative franchise.

Provisional authority?

However, Albay Rep. Edcel Lagman has said the NTC cannot “resurrect” an expired Legislative franchise by granting media giant ABS-CBN a “provisional authority to operate.”

“Only holders of a valid, existing and/or renewed franchise can apply with the NTC for a certificate of public convenience and necessity [CPCN],” Lagman said.

According to Lagman, Section 16 of RA 7925, or the “Public Telecommunications Policy Act of the Philippines,” unequivocally provides that “no person shall commence or conduct the business of being a public telecommunications entity without first obtaining a franchise.”

‘Go’ signal

Meanwhile, Lagman said the statement of Sen. Christopher “Bong” Go for the members of the House of Representatives to consider soonest the issue of the renewal of ABS-CBN’s franchise and vote according to their conscience appears to have the blessing of Duterte since Go is very close confidante of the President.

“The apparent softening of the President’s opposition to the renewal of ABS-CBN’s franchise would quash the smoldering indignation against the Duterte administration for violating the freedom of the press and free expression,” he said.

“The imminent closure of the giant network has galvanized multisectoral support for the renewal of its franchise,” he added.

Also, Ako Bicol Rep. Alfredo Garbin said the momentum has shifted in favor of the House acting with urgency and immediately conducting hearings on the ABS-CBN franchise bills.

“We have less than two weeks of session days left before Congress goes on its summer break. March 11 [Wednesday] would be the last session day of the House,” he said.

“I concur with Senator Bong Go on the urgency factor. The Senate also needs time to tackle the franchise bills the House will work on. I understand Senator Go’s statements to mean that the senators want to tackle the bills now if the House will allow as a courtesy to the Senate,” Garbin added.

Go, noted Garbin, serves as the eyes and ears of Duterte, and sometimes when the President is uncertain, he is known to course it through Go.

“Senator Go is correct. The longer we prolong the application, the hotter the issue becomes,” he added.

Duterte has been vocal about his opposition to the renewal of ABS-CBN’s franchise due to the company’s alleged violation of the provisions of its legislative franchise as well as the constitutional limits on foreign ownership of mass media.

“The request [for a legal opinion] is being evaluated. The legal  staff evaluate requests for opinion,” said DOJ spokesman, Undersecretary Markk Perete.

It was Go who disclosed last Wednesday that the NTC sought the help of the DOJ.

Last week, the Office of the Solicitor General (OSG) filed a quo warranto petition before the Supreme Court seeking revocation of the franchise of ABS-CBN Corp. and its subsidiary ABS-CBN Convergence.

Solicitor General Jose Calida accused the network of committing “highly abusive practices” in violation of the terms set by Congress when it approved ABS-CBN’s franchise in 1995.

Calida said the television network has been allowing foreign investors to take part in the ownership of a Philippine mass media entity, in gross violation of the foreign interest restriction of mass media provided under Section 11, Article XVI of the Constitution.

Calida alleged the network’s management also violated its franchise when it launched and operated a pay-per-view channel in ABS-CBN TV Plus, the KBO Channel, without prior approval or permit from the NTC.

With regard to its subsidiary, ABS-CBN Convergence, Inc. (formerly Multi-Media Telepony Inc.), the government accused the latter of resorting to  corporate layering scheme in order to transfer its franchise without the necessary congressional approval.

https://businessmirror.com.ph/2020/02/21/d-o-j-opinion-awaited-on-abs-cbn-franchise-house-hearing-in-august/