Carpio to Congress: Craft law for companies to operate pending franchise renewal

A former Supreme Court justice has suggested that Congress craft a law that would let companies continue operations pending renewal of their respective franchises.

Retired Senior Associate Justice Antonio Carpio floated the idea as the House of Representatives commenced Tuesday its deliberations on the controversial franchise renewal case of media giant ABS-CBN.

“My proposal is Congress should pass a law saying that when a franchise is about to expire, but it’s still pending renewal in Congress, then the franchise is deemed extended until Congress finally acts on it. The Congress should enact a general law, not just ABS-CBN, because that’s class legislation,” Carpio told CNN Philippines’ The Source.

The former magistrate said the move will be the viable option, as he believes the lower chamber does not have the authority to compel the National Telecommunications Commission to issue a temporary permit to ABS-CBN. The House committee on legislative franchises earlier asked the NTC to let the network stay on air pending legislative action on the twelve renewal measures.

Carpio, echoing the sentiment of former Chief Justice Reynato Puno, stressed there is a need for an existing franchise before one can earn provisional authority.

“In the first place, there is a separation of power. Secondly, a provisional authority is given only if there is a franchise,” Carpio added.

Retired Senior Associate Justice Antonio Carpio: Congress should pass a general law that in case a franchise is about to expire and an application for renewal has been filed, then it is deemed extended until the lawmakers finally resolve to approve or disapprove the application pic.twitter.com/cq3nwCVCLA

— CNN Philippines (@cnnphilippines) March 10, 2020

Carpio’s statement was shared by lawyer Larry Gadon, who petitioned the high court last week to ask the House to recall their provisional authority request with NTC. Gadon also sought a temporary restraining order that would prohibit NTC from complying with the House's February directive.

Conflicting views on provisional authority

While Carpio and Puno believe ABS-CBN cannot operate without a renewed franchise, some government officials dished out different views.

Some lawmakers earlier allayed concerns over the network’s looming shutdown, saying the media company can still broadcast news and content as there are pending renewal measures in Congress.

This was backed by the Justice Department, which said that there is "sufficient equitable basis" to allow media companies to operate while their measures are being tackled in legislature, as the practice has been done in the past.

A 1994 agreement between the House of Representatives, the NTC, and the media group Kapisanan ng mga Brodkaster ng Pilipinas also provides a mechanism for media entities with expiring Congressional franchises.

The memorandum of understanding states that the NTC "shall continue to issue and grant permits or authorizations to operate" for radio and TV stations for a two-year period as long as there is a pending bill seeking to renew their franchise.

ABS-CBN’s renewal case was thrust back into the spotlight following a quo warranto petition of Solicitor General Jose Calida, who sought to nullify the network’s existing franchise over alleged foreign ownership and operational violations. The network has since debunked the claims.

Carpio, meanwhile, said Calida’s plea is “immaterial” for now, with ABS-CBN’s franchise set to expire on May 4.

https://www.cnnphilippines.com/news/2020/3/10/Carpio-ABS-CBN-franchise-renewal-pass-law-NTC.html

House panel sets rules for hearings on ABS-CBN franchise bills

The House Committee on Legislative Franchises adopted on Tuesday a set of rules for its hearings on bills seeking to grant ABS-CBN Corp. and three of its subsidiaries new franchises.

Aside from general rules for lawmakers such as sticking to the allotted 3-minute period for each solon who wishes to speak, being respectful of others' opinions, and avoiding redundancy, the House panel chaired by Palawan Rep. Franz Alvarez also decided to limit the number of journalists who will cover inside the hearing venue due to space constraints.

"We are setting ground rules today to guide our members in the future hearings for the renewal of ABS-CBN's franchise. We may expect some members to become emotional on the matter at hand and setting up ground rules will ensure orderly proceedings in our hearings," Alvarez said.

Under the rules, congressmen who will take part in the proceedings can alternately ask or speak, albeit subject to the 3-minute rule, based on their membership either in the majority, minority, or as an independent.

As proposed by Deputy Speaker Johnny Pimentel, an author of one of the pending measures, those who wish to speak need to pre-register with the committee secretariat so they can be called chronologically during the actual proceedings.

Those against the bills will have the floor first, followed by those in favor. The undecided ones will speak last.

The 3-minute limit applies to authors of the bills when they deliver their sponsorship speech. Invited representatives of regulatory agencies, however, will be given sufficient time to present their respective positions.

The following specific rules proposed by Committee Vice Chairperson Antonio "Tonypet" Albano were also adopted:

- suspension by the chair of the allotted time to a lawmaker or guest who speaks expletives, indecent and unparliamentary remarks, or who acts in a disruptive manner;

- declaration of unparliamentary statements to be stricken off the record; and,

- limiting to two media personnel per outfit inside the conference room, and the possible accreditation for covering the hearings, if the space cannot accommodate all.

"On voting, members shall inhibit on account of personal or pecuniary interest," Pimentel said.

Position papers of various stakeholders must be submitted to the House legislative franchises committee on or before April 15, and the committee secretariat is tasked to summarize the issues to be provided to all members. Those who fail to meet the deadline may not be invited to the hearings.

As proposed by Camiguin Rep. Xavier Jesus Romualdo, no walk-in guests will be allowed.

He also stressed that ABS-CBN will be allowed to confirm, explain or rebut any issues brought up.

Laguna Rep. Sol Aragones, who used to be a reporter of ABS-CBN, appealed to her colleagues to remain calm as she expects emotions to run high during the hearings.

"Gaano man kataas minsan ang ating emosyon ay panatilihin pa rin natin ang respeto sa ating mga bisita becasue at the end of the day, ang bisita ay bisita at dapat ay nirerespeto (guests are guests and they need to be respected)," she said.

Pending before the committee are 11 bills for the franchise of ABS-CBN Corp., and one each for ABS-CBN Convergence, SkyCable, and AMCARA (Studio 23/Sports+Action).

The current franchise of ABS-CBN Corp., the country's largest media and entertainment company that operates free TV Channel 2 and radio DZMM, expires on May 4.

Several House leaders have enjoined the National Telecommunications Commission to issue ABS-CBN a provisional authority to operate until the proceedings for the pending bills have been completed.

The committee did not set a date for the next proceeding. Congress goes on a break on Wednesday and will resume session on May 4.

https://news.abs-cbn.com/news/03/10/20/abscbn-franchise-renewal-hearing-congress-ground-rules

House passes 3 franchise bills; starts deliberations on ABS-CBN renewal

The House of Representatives on Tuesday approved bills renewing the franchises of two broadcasting companies and one telecommunications firm—the same day that the House started deliberations on pending bills seeking ABS-CBN's franchise renewal.

The renewed franchises, which were all approved unanimously, were in House Bills 6254, 6256 and 6371 and granted a 25-year franchise to operate to FBS Radio Network, Inc., Century Communications Marketing Center, and Bayan Telecommunications, Inc.

Some 244 lawmakers voted in favor of House Bill 6254, while 248 lawmakers approved House Bills 6256 and House Bill 6371.

Both House Bills 6254 and 6256, which granted franchises to broadcast networks similar to ABS-CBN, mandated the grantee to undertake the following measures:

• provide free adequate public service time which is reasonable and sufficient to enable the government, through the broadcasting  stations or facilities of  the grantee, to reach the pertinent populations or portions thereof, on important  public issues and relay important  public announcements and warnings concerning public emergencies and calamities, as necessity, urgency or law may require;
• provide at all times sound and balanced programming;
• promote public participation;
• assist in the functions of public information and education;
• conform to the ethics of honest enterprise;
• promote audience sensibility and empowerment including closed captioning;
• not to use its stations or facilities for the broadcasting of obscene or indecent language, speech, acts, or scenes;
• not to use its stations or facilities for the dissemination  of deliberately false information or willful misrepresentation to the detriment of the public interest; and
• not to use its stations or facilities to incite, encourage, or assist in subversive or treasonable acts.

The same bills granting the broadcast networks their franchises also reserved a special right given to the President of the Philippines to:

• temporarily take over and operate the stations or facilities of the grantee;
• temporarily suspend the operation of any station or facility in the interest of public safety, security and public welfare; or
• authorize the temporary use and operation thereof by any agency of the government, upon due compensation to the grantee, for the use of stations or facilities during the period when these shall be so operated in times of war, rebellion, public peril, calamity, emergency, disaster, or disturbance of peace and order.

The 11 pending bills seeking ABS-CBN's franchise renewal, on the other hand, were left untouched by the House as these were filed in August 2019, with the first hearing on the matter conducted by the House Committee on Legislative Franchises on Tuesday-March 10. — DVM, GMA News

https://www.gmanetwork.com/news/news/nation/729137/house-passes-3-franchise-bills-starts-deliberations-on-abs-cbn-renewal/story/

Capitol allocates P80 million for incoming 3 provinces plebiscite

The plebiscite will decide whether Palaweños will agree to divide the province into three separate local government units (LGUs), namely Palawan del Norte, Palawan del Sur, and Palawan Oriental.

Governor Jose Alvarez said Friday that the provincial government’s P80 million allocation for the holding of the plebiscite on May 11 for the creation of three Palawan provinces had been sent to the Commission on Elections (COMELEC)

“Pinadala na natin sa COMELEC ang P80 million, pero ang sabi nila ay may idadagdag pa pero kailangan pa idaan sa Sangguniang [Panlalawigan],” Alvarez said Friday during his monthly meeting with the local media at the Capitol.

The plebiscite will decide whether Palaweños will agree to divide the province into three separate local government units (LGUs), namely Palawan del Norte, Palawan del Sur, and Palawan Oriental.

Palawan del Norte will be composed of the municipalities of Coron, Culion, Busuanga, Linapacan, Taytay, and El Nido; Palawan Oriental by Roxas, Araceli, Dumaran, Cuyo, Agutaya, Magsaysay, Cagayancillo, and San Vicente; and Palawan del Sur by Aborlan, Narra, Quezon, Rizal, Sofronio Española, Brooke’s Point, Bataraza, Balabac, and Kalayaan.

“Kung ayaw mo, mag-no ka. Hindi naman ito paramihan ng list of voters kundi paramihan ng those who only voted. Walang problema kung mag-no kayo, pero ang problema kasi sa mga ayaw ay hindi naman maka-boto,” Alvarez said, referring to naysayers of the Palawan division.

Alvarez said if the “yes” vote wins, Roxas, Taytay, and Brooke’s Point, which are the capitals, will receive P750 million each from the provincial government’s savings.

“P750 million each capital, ‘yong first tranche ay from savings natin. Kung kailangan ng pambili ng lupa [para sa capitol ay mayroon na],” Alvarez added.

https://palawan-news.com/capitol-allocates-p80-million-for-incoming-3-provinces-plebiscite/