NTC to allow ABS-CBN to operate until June 2022

The National Telecommunications Commission (NTC) on Wednesday said it would issue a provisional authority to allow ABS-CBN and its subsidiaries to operate until June 2022, while Congress continues to deliberate on its franchise renewal bid.

After receiving resolutions from the Senate and the House of Representatives, the NTC will issue the temporary permit, Deputy Commissioner Edgardo Cabarios told reporters.

“Ang advice kasi ngayon is kapag may concurrent resolution, then we can issue the provisional authority,” Cabarios, who received the copy of the resolutions, said.

(The advice is, if there is a concurrent resolution already, then we can issue the provisional authority.)

“Up to now, yun ang advice (that is the advice), so yes... unless we are restrained by the court,” he said when asked if the agency will definitely issue a provisional permit for ABS-CBN valid through June 2022.

Justice Secretary Menardo Guevarra earlier told senators that Congress needs to issue resolutions to serve as legal basis for the NTC's issuance of a provisional authority for ABS-CBN.

Senate Majority Leader Juan Miguel Zubiri lauded the NTC decision, saying it upheld jurisprudence and precedence by extending to ABS-CBN the same relief it gave other broadcasting networks.

"Dapat kung anong naibigay sa iba ay dapat maibigay po sa ABS-CBN, kasi kung hindi naman nangyari yun, clearly, nagkaroon ng prejudice, bias for that particular application when all the rest have been given that provisional authority," Zubiri said.

(Whatever was given to others should also be extended to ABS-CBN, because if it doesn't happen that way, clearly, there's prejudice, bias for that particular application when all the rest have been given that provisional authority.)

Senate Minority Leader Franklin Drilon also praised the NTC for extending ABS-CBN's current license until the end of the 18th Congress in June 2022.

"That is very important because a shorter provisional authority would subject ABS-CBN to question, and that is not consistent with the freedom of the press," Drilon said.

"Based on our own legislative history, while the application for the renewal of the franchise is pending, de facto the expired franchise will continue to exist, especially with provisional authority granted by NTC," he said.

Lawyer Lorenzo "Larry" Gadon earlier filed a petition asking the high court if a provisional authority from an executive agency is enough basis to allow ABS-CBN to operate after its franchise expires on May 4, 2020.

Drilon defended the NTC's decision, saying Congressional resolutions in favor of ABS-CBN's temporary permit should be given due consideration.

"If this is questioned before the court, we leave it to the court... But we maintain our jurisdiction as the grantor of franchise, kaya ang opinion ng Kongreso ay kailangan bigyan ng kaukulang pansin dahil kami po ang nagbibigay ng franchise," he said.

(But we maintain our jurisdiction as the grantor of franchise, that's why the opinion of Congress must be given due consideration because we issue the franchise.)

Until Tuesday, the House Committee on Legislative Franchises did not start tackling several bills seeking to give ABS-CBN a fresh 25-year license to broadcast. Congress goes on a break after Wednesday and will resume session on May 4.

The committee, backed by House Speaker Alan Peter Cayetano, earlier enjoined the NTC to issue ABS-CBN a provisional authority to operate past the expiry of the company's current franchise.

https://news.abs-cbn.com/news/03/11/20/abscbn-franchise-renewal-ntc-provisional-authority-2022

‘Too early’ to tell effect of SC case on ABS-CBN franchise bid – Cayetano

It’s still “too early” to say if the pending quo warranto case against media giant ABS-CBN before the Supreme Court would affect the network’s bid for franchise renewal in Congress, House Speaker Alan Peter Cayetano in a press briefing on Tuesday.

Cayetano underscored the difference between the quo warranto case filed by the Office of Solicitor General (OSG) and ABS-CBN’s bid for its franchise to be renewed.

Last Feb. 10, Solicitor General Jose Calida filed a quo warranto petition against ABS-CBN, accusing the network of “abusive practices.”

“SolGen Calida’s petition is regarding the existing franchise. What is pending the House is [the bid for a franchise renewal] for the next 25 years,” Cayetano, speaking partly in Filipino, told reporters.

“It is too early — because we have not seen the decision — to see whether or not it [the Supreme Court ruling] will affect the new franchise, because if there is no violation, it should not affect the franchise,” the House Speaker said.

But in the event that the Supreme Court sees that ABS-CBN indeed violated its franchise, the committee on legislative franchises has to see if the committed violations would be enough to affect the granting of a new franchise to the network.

“For me, we will not second-guess the Supreme Court. Definitely, we will follow their decision. But there’s difference between what is pending in the Supreme Court and what is pending before the committee [on legislative franchises],” Cayetano said.

He also responded to the petition filed by lawyer Lorenzo G. Gadon urging the Supreme Court to stop the National Telecommunications Commission (NTC) from granting ABS-CBN provisional authority to operate once its franchise had expired on May 4.

Cayetano and Palawan Rep. Franz Alvarez, who chairs the Committee on Legislative Franchises, sent a letter to the NTC enjoining it to grant ABS-CBN provisional authority to operate, effective on May 4, 2020 “until such time that the House of Representatives/Congress has made a decision on its application.”

Gadon questioned this move, saying that the Cayetano’s directive to the NTC would violate the doctrine of separation of powers and would be a “grave abuse of discretion amounting to lack or excess of jurisdiction.”

“On my part, I’m requesting countrymen: Please don’t stop us from doing our job. But it’s his right. He’s a lawyer. He’s a citizen of this country. He didn’t take my advice. He wants ABS-CBN to be shut down immediately,” Cayetano said.

Cayetano believes that the Supreme Court would not stop their action on the franchise since “it’s part of our congressional responsibilities and duties and constitutional mandate to look into and grant franchises.”

“Of course, if the Supreme Court says that the Congress’ action was not allowed, then that’s a different story,| he said. “But until that point in time, Attorney Gadon has one opinion in 110 million Filipinos. We don’t share his opinion.”

The Committee on Legislative Franchises held its first hearing on ABS-CBN franchise renewal on Tuesday afternoon.

But rather than hearing stakeholders involved in the issue, the committee instead focused on discussing the ground rules for May, when the formal deliberations on the franchise renewal begin.

There are 11 bills seeking to renew the franchise of ABS-CBN for another 25 years.

https://newsinfo.inquirer.net/1239622/cayetano-on-abs-cbn-supreme-court-story

House leaders, NTC say ABS-CBN may operate without new franchise

THE House of Representatives and the National Telecommunications Communication (NTC) on Tuesday gave assurances that ABS-CBN Corp. will be allowed to continue its operations beyond May 4, 2020.

During the meeting of the House Committee on Legislative Franchises on 11 pending bills renewing the franchise of the ABS-CBN, NTC Commissioner Gamaliel Cordoba said the agency will heed the opinion of the Department of Justice (DOJ) to allow the network to continue operations.

“The NTC will follow the latest advice of the DOJ and let ABS-CBN continue operations based on equity,” he said.

With this, Cordoba said the NTC will “most likely” issue a provisional authority to the TV network.

“Based on the foregoing discussion, there is sufficient equitable basis to allow broadcast entities to continue operating while the bills for the renewal of their respective franchise remain pending with Congress,” Cordoba said, citing the opinion of the DOJ.

However, Congress is schedule to take a Lenten break starting March 12 without approving the franchise of ABS-CBN. The session will resume on May 4. The ABS-CBN franchise is also set to expire on May 4.

Adopt

During the hearing, the House committee approved a motion to adopt a letter enjoining the agency to grant a provisional authority to operate effective from May 4, 2020 until such time that Congress has made a decision on its application.

Cayetano, meanwhile, gave assurances that the House would conduct its hearing in “a fair, objective, and transparent manner.”

“We definitely did the right thing to focus on more important issues. We want a continuous hearing, not a circus. The issue is really contentious and emotional,” Cayetano said.

“Second, innocent until proven guilty. As far as we are concerned, there is still no violation so there is no reason in this world the NTC should shut them down,” he added.

Cayetano also reiterated his call for the submission of position papers on the ABS-CBN franchise until April 15, 2020.

https://businessmirror.com.ph/2020/03/11/house-leaders-ntc-say-abs-cbn-may-operate-without-new-franchise/