By JOHN CARLO M. CAHINHINAN
Embattled broadcast giant ABS-CBN may lose control of its current spectrum assignment if it fails to secure a new legislative franchise by the end March, Party-list Rep. Jericho Nograles said.
Nograles made the remarks during Friday’s Nanka news forum in Quezon City, when asked if the National Telecommunications Commission (NTC) can give away the “channel 2 frequency” of the the Lopez-owned network giant to other existing franchise holders once its current congressional franchise under Republic Act No. 7966 finally lapses on March 30.
“I think in theory pwede,” said Nograles.
Although it’s the exclusive right of Congress to grant legislative franchise to private media entities like the Kapamilya network, the NTC has the mandate to assign specific spectrum or frequency to every television and radio stations in the country that has an existing valid franchise.
Under Executive Order No. 546 series of 1979, the NTC has the “grant exclusive power to grant permits for the use of radio frequencies for wireless telephone and telegraph systems and radio communication systems including amateur radio stations and radio and television broadcasting systems.”
NTC is also mandated to “sub-allocate series of frequencies of bands allocated by the International Telecommunications Union to the specific services.”
House Speaker Alan Peter Cayetano on Thursday assured ABS-CBN management that they have already coordinated with the NTC to allow their continuous operations while their franchise renewal application remains pending before the House legislative franchise panel.
“Meron po tayong ugnayan sa NTC na gagawin na habang naghi-hearing kami o habang pending sa amin, hindi magsasara,” he said.
Rival television network GMA-7 and the Catholic Church’s Radyo Veritas were earlier allowed by NTC to continue operating despite having expired legislative franchises, and have only secured a new one months after the date originally prescribe by their respective previous franchise laws.
But Nograles stressed that “NTC cannot act on any spectrum application without a valid congressional franchise.”
“There are precedents, but not exact precedents. Again pagdating sa congressional franchises and in the realm of the NTC, everything is a ‘case to case’ basis,” he said.
https://politics.com.ph/abs-cbn-may-lose-channel-2-frequency-once-franchise-expires-nograles/
Friday, February 21, 2020
Cayetano makes ‘friendly’ reminder to former colleagues
THERE should be inter-chamber courtesy in the deliberation of franchise bills.
This is a friendly reminder from House Speaker Alan Peter Cayetano to his former colleagues in the Senate particularly to Senator Grace Poe who will be leading a public hearing on the ABS-CBN Corporation franchise renewal on Monday, February 24.
Cayetano warned that the scheduled hearing of the Committee on Public Services jointly with the Committee on Economic Affairs and Committee on Finance violates the Constitution.
“Ano ba ang sabi sa Constitution? Saan ba nag-uumpisa ang prangkisa? Sa House or sa Senate?” Cayetano asked.
Section 24, Article VI (Legislative Department) of the Constitution states that “All appropriation, revenue or tariff bills, bills authorizing increase of the public debt, bills of local application, and private bills shall originate exclusively in the House of Representatives, but the Senate may propose or concur with amendments.”
The House leader stressed that legislative franchise “verily is a private bill contemplated by the Constitution, being a proposal for a law that would apply to a particular individual or group of individuals, or corporate entity, in this case ABS-CBN.”
Cayetano also pointed out that there should be inter-chamber courtesy in the deliberation of the franchise bill.
However, Cayetano said he cannot argue with the priority of the Senate but hopes that important issues will be brought forward during the upper chamber hearing.
The Speaker reiterated his position that there is no rush in approving the franchise because ABS-CBN will not shut down.
“Meron po tayong ugnayan sa National Telecommunications Commission na gagawin na habang naghi-hearing kami o habang pending sa amin, hindi magsasara,” he said.
“No one is saying na ‘wag natin pag-usapan. Ang sinasabi ko, ‘pag inischedule ko ngayon for hearing lang, lahat nung energy ng buong Kongreso, diyan mapupunta. Walang mag-aattend nung ibang hearing,” the Taguig City lawmaker added.
https://journal.com.ph/news/nation/cayetano-makes-friendly-reminder-former-colleagues
This is a friendly reminder from House Speaker Alan Peter Cayetano to his former colleagues in the Senate particularly to Senator Grace Poe who will be leading a public hearing on the ABS-CBN Corporation franchise renewal on Monday, February 24.
Cayetano warned that the scheduled hearing of the Committee on Public Services jointly with the Committee on Economic Affairs and Committee on Finance violates the Constitution.
“Ano ba ang sabi sa Constitution? Saan ba nag-uumpisa ang prangkisa? Sa House or sa Senate?” Cayetano asked.
Section 24, Article VI (Legislative Department) of the Constitution states that “All appropriation, revenue or tariff bills, bills authorizing increase of the public debt, bills of local application, and private bills shall originate exclusively in the House of Representatives, but the Senate may propose or concur with amendments.”
The House leader stressed that legislative franchise “verily is a private bill contemplated by the Constitution, being a proposal for a law that would apply to a particular individual or group of individuals, or corporate entity, in this case ABS-CBN.”
Cayetano also pointed out that there should be inter-chamber courtesy in the deliberation of the franchise bill.
However, Cayetano said he cannot argue with the priority of the Senate but hopes that important issues will be brought forward during the upper chamber hearing.
The Speaker reiterated his position that there is no rush in approving the franchise because ABS-CBN will not shut down.
“Meron po tayong ugnayan sa National Telecommunications Commission na gagawin na habang naghi-hearing kami o habang pending sa amin, hindi magsasara,” he said.
“No one is saying na ‘wag natin pag-usapan. Ang sinasabi ko, ‘pag inischedule ko ngayon for hearing lang, lahat nung energy ng buong Kongreso, diyan mapupunta. Walang mag-aattend nung ibang hearing,” the Taguig City lawmaker added.
https://journal.com.ph/news/nation/cayetano-makes-friendly-reminder-former-colleagues
ABS-CBN CEO Carlo Katigbak issues statement on franchise renewal
With the topic of media network firm ABS-CBN’s franchise renewal much in the news recently, the company’s president and CEO, Carlo Katigbak, has issued a statement on the matter.
The statement was aired on Thursday (Feb. 20) on ABS-CBN’s “TV Patrol” newscast.
Here it is in full:
My Kapamilya,
I am one of the 11,000 employees of ABS-CBN and I am grateful for the opportunity to be of service.
In the coming days, we will be given the opportunity to clarify issues about our franchise. We see no reason why ABS-CBN’s services should be stopped. Nevertheless, we are ready to follow the process as required by law.
For the past 65 years, we have been faithful to our mission to be in the service of the Filipino. To our audiences, it has been a privilege to be welcomed into your homes and to be considered a part of your family. We hope that our programs give you information, joy, hope, and inspiration. We hope that the public service programs of the ABS-CBN Foundation like Bantay Bata and Sagip Kapamilya have provided genuine help to those that need it.
The core of ABS-CBN is public service. But we are not a perfect organization. We have made our share of mistakes and we are ready to rectify whatever shortcomings we may have. This is part of our journey towards becoming a better company.
To our lawmakers, the future of ABS-CBN lies in your hands. We count on your pledge that we will be given the opportunity to answer the issues around our franchise. We pray that you recognize all the good that ABS-CBN has done for the country.
To my fellow employees in ABS-CBN, my Kapamilya, thank you for the hard work and sincerity in continuing to render service to the country. I know how hard it is for you to work while worrying about your job and the welfare of your families. I promise we will do everything we can so that ABS-CBN can continue to operate.
To all those who have expressed their support for ABS-CBN, we express our deepest gratitude. Your voices give us strength especially during these difficult times. Rest assured we will fight for the opportunity to continue to serve you.
In the coming days, we are asking for your prayers that we be allowed to continue on our journey together. In ABS-CBN, we affirm that Family is Forever.
Thank you, Kapamilya.
Carlo L. Katigbak
President and CEO
ABS-CBN Corporation
https://news.mb.com.ph/2020/02/21/abs-cbn-ceo-carlo-katigbak-issues-statement-on-franchise-renewal/
The statement was aired on Thursday (Feb. 20) on ABS-CBN’s “TV Patrol” newscast.
Here it is in full:
STATEMENT OF ABS-CBN PRESIDENT AND CEO CARLO KATIGBAK ON THE FRANCHISE RENEWAL OF ABS-CBN
I am one of the 11,000 employees of ABS-CBN and I am grateful for the opportunity to be of service.
In the coming days, we will be given the opportunity to clarify issues about our franchise. We see no reason why ABS-CBN’s services should be stopped. Nevertheless, we are ready to follow the process as required by law.
For the past 65 years, we have been faithful to our mission to be in the service of the Filipino. To our audiences, it has been a privilege to be welcomed into your homes and to be considered a part of your family. We hope that our programs give you information, joy, hope, and inspiration. We hope that the public service programs of the ABS-CBN Foundation like Bantay Bata and Sagip Kapamilya have provided genuine help to those that need it.
The core of ABS-CBN is public service. But we are not a perfect organization. We have made our share of mistakes and we are ready to rectify whatever shortcomings we may have. This is part of our journey towards becoming a better company.
To our lawmakers, the future of ABS-CBN lies in your hands. We count on your pledge that we will be given the opportunity to answer the issues around our franchise. We pray that you recognize all the good that ABS-CBN has done for the country.
To my fellow employees in ABS-CBN, my Kapamilya, thank you for the hard work and sincerity in continuing to render service to the country. I know how hard it is for you to work while worrying about your job and the welfare of your families. I promise we will do everything we can so that ABS-CBN can continue to operate.
To all those who have expressed their support for ABS-CBN, we express our deepest gratitude. Your voices give us strength especially during these difficult times. Rest assured we will fight for the opportunity to continue to serve you.
In the coming days, we are asking for your prayers that we be allowed to continue on our journey together. In ABS-CBN, we affirm that Family is Forever.
Thank you, Kapamilya.
Carlo L. Katigbak
President and CEO
ABS-CBN Corporation
https://news.mb.com.ph/2020/02/21/abs-cbn-ceo-carlo-katigbak-issues-statement-on-franchise-renewal/
ABS-CBN out of House franchise panel's Monday meeting agenda
None of the 14 bills seeking the renewal of ABS-CBN Corp's broadcast license are part of the House legislative franchises committee's meeting on Feb. 24.
PBA Party-list Rep. Jericho Nograles, a member of the committee and author of one ABS-CBN franchise renewal bill, confirmed this to reporters on Friday.
The House of Representatives has yet to hear any of the bills seeking to renew ABS-CBN's franchise, which expires in March.
The government's top lawyer last week questioned the media giant's license due to alleged abuses, including foreign ownership and going “beyond the scope of its legislative franchise” for “broadcasting for a fee.”
ABS-CBN, whose news and entertainment shows reach tens of millions of Filipinos online and via TV and radio, said it "did not violate the law."
House Speaker Alan Peter Cayetano said holding hearings into the network's franchise is "not that urgent" because the network can operate until 2022 due to its pending license application.
However, Nograles warned that ABS-CBN risks going off-air if its franchise is not renewed because an active license is needed for the National Telecommunications Commission to assign a broadcast frequency to a network.
The Senate public services committee will tackle on Monday the media giant's franchise renewal.
The panel led by Sen. Grace Poe should only hold a briefing on the issue, instead of a full blown hearing that could be deemed unconstitutional, said Nograles.
The constitution requires franchises to go through the House before the Senate tackles them, he noted.
With reports from RG Cruz, ABS-CBN News
https://news.abs-cbn.com/news/02/21/20/abs-cbn-out-of-house-franchise-panels-monday-meeting-agenda
PBA Party-list Rep. Jericho Nograles, a member of the committee and author of one ABS-CBN franchise renewal bill, confirmed this to reporters on Friday.
The House of Representatives has yet to hear any of the bills seeking to renew ABS-CBN's franchise, which expires in March.
The government's top lawyer last week questioned the media giant's license due to alleged abuses, including foreign ownership and going “beyond the scope of its legislative franchise” for “broadcasting for a fee.”
ABS-CBN, whose news and entertainment shows reach tens of millions of Filipinos online and via TV and radio, said it "did not violate the law."
House Speaker Alan Peter Cayetano said holding hearings into the network's franchise is "not that urgent" because the network can operate until 2022 due to its pending license application.
However, Nograles warned that ABS-CBN risks going off-air if its franchise is not renewed because an active license is needed for the National Telecommunications Commission to assign a broadcast frequency to a network.
The Senate public services committee will tackle on Monday the media giant's franchise renewal.
The panel led by Sen. Grace Poe should only hold a briefing on the issue, instead of a full blown hearing that could be deemed unconstitutional, said Nograles.
The constitution requires franchises to go through the House before the Senate tackles them, he noted.
With reports from RG Cruz, ABS-CBN News
https://news.abs-cbn.com/news/02/21/20/abs-cbn-out-of-house-franchise-panels-monday-meeting-agenda
NegOcc labor group supports ABS-CBN franchise renewal
NEGROS Occidental-based labor group General Alliance of Workers Associations (Gawa) fully supports the franchise renewal of television network ABS-CBN, its top official said.
Its secretary general Wennie Sancho, in a statement, said the labor sector believes that unless the “alleged violation of ABS-CBN would result to irreparable damage and would be grossly disadvantageous to the people,” the issue of franchise nullification is not warranted.
Sancho said the network has provided the workers with vital information on labor issues such as issuance of wage orders, advisories and updates on labor relations in Western Visayas.
“Gawa considers ABS-CBN as one of its partners in its advocacy to protect the rights and welfare of the workers,” he said, adding that the plight of the 11,000 workers who stand to lose their jobs in the event that the network will be shut down and the economic dislocation of their families should be seriously taken into consideration by the state.
The group cited the 1987 Constitution mandating that “the state shall afford full protection to labor and it shall promote full employment and equality of employment opportunities for all.”
Sancho, however, said it is unfortunate that the state through the Office of the Solicitor general (OSG) is now seeking to nullify the franchise of ABS-CBN that would result in massive unemployment.
“Where now the workers would go to seek protection for the redress of their grievances?” he asked, adding that in all likelihood the attempt to shutdown ABS-CBN is anti-labor.
It is contrary to the avowed policy of the government that “the state shall afford full protection to labor” and is therefore unconstitutional.
The Congress has yet to act on pending bills seeking a renewal of ABS-CBN’s franchise set to expire on March 30 this year.
The network secured a 25-year franchise under Republic Act 7966, which was enacted on March 30, 1995.
https://www.sunstar.com.ph/article/1845265
Its secretary general Wennie Sancho, in a statement, said the labor sector believes that unless the “alleged violation of ABS-CBN would result to irreparable damage and would be grossly disadvantageous to the people,” the issue of franchise nullification is not warranted.
Sancho said the network has provided the workers with vital information on labor issues such as issuance of wage orders, advisories and updates on labor relations in Western Visayas.
“Gawa considers ABS-CBN as one of its partners in its advocacy to protect the rights and welfare of the workers,” he said, adding that the plight of the 11,000 workers who stand to lose their jobs in the event that the network will be shut down and the economic dislocation of their families should be seriously taken into consideration by the state.
The group cited the 1987 Constitution mandating that “the state shall afford full protection to labor and it shall promote full employment and equality of employment opportunities for all.”
Sancho, however, said it is unfortunate that the state through the Office of the Solicitor general (OSG) is now seeking to nullify the franchise of ABS-CBN that would result in massive unemployment.
“Where now the workers would go to seek protection for the redress of their grievances?” he asked, adding that in all likelihood the attempt to shutdown ABS-CBN is anti-labor.
It is contrary to the avowed policy of the government that “the state shall afford full protection to labor” and is therefore unconstitutional.
The Congress has yet to act on pending bills seeking a renewal of ABS-CBN’s franchise set to expire on March 30 this year.
The network secured a 25-year franchise under Republic Act 7966, which was enacted on March 30, 1995.
https://www.sunstar.com.ph/article/1845265
More measures seeking to extend ABS-CBN franchise filed
JOINT resolutions seeking to extend the legislative franchise of television network ABS-CBN Broadcasting Corporation until 2022 have been filed in both chambers of Congress to give lawmakers more time to review the network's application for franchise renewal.
At the Senate, Minority Leader Franklin Drilon filed on Monday, February 17, Senate Joint Resolution No. 11, which seeks to extend ABS-CBN's franchise until December 31, 2022.
At the House of Representatives, Cebu City North District Representative Raul Del Mar filed on February 18, 2020 House Joint Resolution No. 28 which seeks to extend the validity of ABS-CBN's franchise until the end of the 18th Congress on June 30, 2022.
The television network's 25-year franchise is set to expire on March 30, 2020. Congress, however, is set to adjourn on March 14.
Drilon and Del Mar separately noted that there are less than 12 session days left before March 14.
Drilon, a former Labor secretary, stressed the need to immediately act on the resolution because "more than 11,000 families will go home jobless and millions of viewers will be affected" if the network ceases to operate on March 30, 2020.
He stressed that "it is Congress, not the Supreme Court, that has jurisdiction to review compliance by ABS-CBN of the terms of the franchise granted by Congress, especially that there are pending bills seeking to renew its franchise."
For Del Mar, extending the validity of ABS-CBN's franchise "will enable Congress to discharge its constitutional duty of protecting public interest in the grant and repeal of franchises, without trampling on rights to due process and infringing on free press and free speech.”
Like bills, joint resolutions also require the approval of both houses, and the signature of the President.
Joint resolutions are generally used when dealing with a single issue, such as backing up proposals to amend Constitution, or emergency appropriations bill.
Drilon's proposed resolution noted that 12 bills filed in the House of Representatives seeking to renew the franchise of ABS-CBN remain pending with the House committee on legislative franchises.
The latest to file a bill is Deputy Speaker Loren Legarda, a former employee of the network, who noted that ABS-CBN is “being given an illusory alternative remedy instead of being granted a justified renewal of franchise.”
Legarda was referring to the statements of House Speaker Alan Peter Cayetano and House committee on legislative franchise vice chairman Tonypet Albano, saying that ABS-CBN may still continue to operate without being granted a new franchise until 2022.
The lawmakers said that the TV network may still remain on air because the House has yet to tackle pending bills seeking its extension.
ABS-CBN was granted a legislative franchise to operate through Republic Act 7966, which was enacted into law on March 30, 1995.
On February 10, about 50 days before the franchise expires, the Office of the Solicitor General filed a quo warranto petition at the Supreme Court to revoke the legislative franchise of ABS-CBN Corporation and its subsidiary, ABS-CBN Convergence for alleged violations of the terms and conditions of its franchise.
Albay Representative Edcel Lagman said the House committee on legislative franchise is silently working on deliberating the bills.
“We are already working on it, you just don’t see it,” he said.
However, Lagman said that it is impossible because of the Public Telecommunications Policy Act of the Philippines.
Under Section 16 of the said policy, “no person shall commence or conduct the business of being a public telecommunications entity without first obtaining a franchise.”
“The opinion that a franchisee can continue its operations as long as it has a pending application for renewal and the current Congress has not adjourned sine die is based on an alleged practice which can be challenged in court because it is not validated by jurisprudence," Lagman said in a statement. (Jove Moya/SunStar Philippines)
https://www.sunstar.com.ph/article/1845159
At the Senate, Minority Leader Franklin Drilon filed on Monday, February 17, Senate Joint Resolution No. 11, which seeks to extend ABS-CBN's franchise until December 31, 2022.
At the House of Representatives, Cebu City North District Representative Raul Del Mar filed on February 18, 2020 House Joint Resolution No. 28 which seeks to extend the validity of ABS-CBN's franchise until the end of the 18th Congress on June 30, 2022.
The television network's 25-year franchise is set to expire on March 30, 2020. Congress, however, is set to adjourn on March 14.
Drilon and Del Mar separately noted that there are less than 12 session days left before March 14.
Drilon, a former Labor secretary, stressed the need to immediately act on the resolution because "more than 11,000 families will go home jobless and millions of viewers will be affected" if the network ceases to operate on March 30, 2020.
He stressed that "it is Congress, not the Supreme Court, that has jurisdiction to review compliance by ABS-CBN of the terms of the franchise granted by Congress, especially that there are pending bills seeking to renew its franchise."
For Del Mar, extending the validity of ABS-CBN's franchise "will enable Congress to discharge its constitutional duty of protecting public interest in the grant and repeal of franchises, without trampling on rights to due process and infringing on free press and free speech.”
Like bills, joint resolutions also require the approval of both houses, and the signature of the President.
Joint resolutions are generally used when dealing with a single issue, such as backing up proposals to amend Constitution, or emergency appropriations bill.
Drilon's proposed resolution noted that 12 bills filed in the House of Representatives seeking to renew the franchise of ABS-CBN remain pending with the House committee on legislative franchises.
The latest to file a bill is Deputy Speaker Loren Legarda, a former employee of the network, who noted that ABS-CBN is “being given an illusory alternative remedy instead of being granted a justified renewal of franchise.”
Legarda was referring to the statements of House Speaker Alan Peter Cayetano and House committee on legislative franchise vice chairman Tonypet Albano, saying that ABS-CBN may still continue to operate without being granted a new franchise until 2022.
The lawmakers said that the TV network may still remain on air because the House has yet to tackle pending bills seeking its extension.
ABS-CBN was granted a legislative franchise to operate through Republic Act 7966, which was enacted into law on March 30, 1995.
On February 10, about 50 days before the franchise expires, the Office of the Solicitor General filed a quo warranto petition at the Supreme Court to revoke the legislative franchise of ABS-CBN Corporation and its subsidiary, ABS-CBN Convergence for alleged violations of the terms and conditions of its franchise.
Albay Representative Edcel Lagman said the House committee on legislative franchise is silently working on deliberating the bills.
“We are already working on it, you just don’t see it,” he said.
However, Lagman said that it is impossible because of the Public Telecommunications Policy Act of the Philippines.
Under Section 16 of the said policy, “no person shall commence or conduct the business of being a public telecommunications entity without first obtaining a franchise.”
“The opinion that a franchisee can continue its operations as long as it has a pending application for renewal and the current Congress has not adjourned sine die is based on an alleged practice which can be challenged in court because it is not validated by jurisprudence," Lagman said in a statement. (Jove Moya/SunStar Philippines)
https://www.sunstar.com.ph/article/1845159
House resolution filed on franchise
REP. Raul del Mar (Cebu City, north district) has introduced a joint resolution for the extension of the franchise of ABS-CBN until the end of the 18th Congress on June 30, 2022.
Del Mar, in a joint resolution filed on Feb. 18, 2020, said there are 12 bills seeking to renew the the franchise of ABS-CBN Broadcasting Corp., however, there are only 11 session days left, from the day he filed the bill, before the adjournment of Congress on March 14.
The media company’s franchise to operate expires this coming March 30.
Del Mar said the 12 bills are still pending with the House committee on legislative franchises.
“Since there are only 11 session days left before the next adjournment of Congress on March 14, both the House of Representatives and the Senate need additional time to review, assess and determine whether or not ABS-CBN Broadcasting Corp. shall be granted the renewal of its franchise,” del Mar wrote in the resolution, a copy of which was sent to SunStar Cebu.
He said the additional time would enable Congress to discuss and deliberate on the matter.
“This will enable Congress to discharge its constitutional duty of protecting public interest in the grant and repeal of franchises, without trampling on rights to due process and infringing on free press and free speech,” he added.
Last Feb. 10, Solicitor General Jose Calida filed a quo warranto petition before the Supreme Court asking that it forfeit the legislative franchise of ABS-CBN Corp. and its subsidiary, ABS-CBN Convergence, for alleged violations of the terms and conditions of its franchise.
President Rodrigo Duterte has threatened to shut down the media company as he accused it of bias and fraud when it did not air his political advertisement in the 2016 polls.
Speaker Alan Peter Cayetano said last week the House would not tackle bills seeking to renew ABS-CBN’s franchise until May when members return from their summer break, or after the President’s State of the Nation Address. He said there are more urgent matters for the congressmen to address such as the novel coronavirus outbreak. (JJL)
https://www.sunstar.com.ph/article/1845246
Del Mar, in a joint resolution filed on Feb. 18, 2020, said there are 12 bills seeking to renew the the franchise of ABS-CBN Broadcasting Corp., however, there are only 11 session days left, from the day he filed the bill, before the adjournment of Congress on March 14.
The media company’s franchise to operate expires this coming March 30.
Del Mar said the 12 bills are still pending with the House committee on legislative franchises.
“Since there are only 11 session days left before the next adjournment of Congress on March 14, both the House of Representatives and the Senate need additional time to review, assess and determine whether or not ABS-CBN Broadcasting Corp. shall be granted the renewal of its franchise,” del Mar wrote in the resolution, a copy of which was sent to SunStar Cebu.
He said the additional time would enable Congress to discuss and deliberate on the matter.
“This will enable Congress to discharge its constitutional duty of protecting public interest in the grant and repeal of franchises, without trampling on rights to due process and infringing on free press and free speech,” he added.
Last Feb. 10, Solicitor General Jose Calida filed a quo warranto petition before the Supreme Court asking that it forfeit the legislative franchise of ABS-CBN Corp. and its subsidiary, ABS-CBN Convergence, for alleged violations of the terms and conditions of its franchise.
President Rodrigo Duterte has threatened to shut down the media company as he accused it of bias and fraud when it did not air his political advertisement in the 2016 polls.
Speaker Alan Peter Cayetano said last week the House would not tackle bills seeking to renew ABS-CBN’s franchise until May when members return from their summer break, or after the President’s State of the Nation Address. He said there are more urgent matters for the congressmen to address such as the novel coronavirus outbreak. (JJL)
https://www.sunstar.com.ph/article/1845246
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/
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/
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