Tuesday, May 5, 2020

ABS-CBN's last moments before going off the air for now

At 7:52 p.m. on Tuesday, broadcast giant ABS-CBN’s Channel 2 and S&A officially went off air, hours after the National Telecommunications Commissions issued a cease and desist order against the network “due to the expiration of its congressional franchise.”

The NTC ordered the network to “to stop operating its various television and radio broadcasting stations nationwide.”

In compliance with the directive, the network decided to close down all its radio and television stations including, ABS-CBN, DZMM, MOR and DZMM Teleradyo.

The NTC gave ABS-CBN ten days upon receipt of the Order to explain why the frequencies assigned to it should not be recalled.

The 25-year franchise of ABS-CBN, granted on March 30, 1995 through Republic Act 7966, expired on Monday, May 4.

The historic shutdown came nearly five decades since it was shutdown after late dictator Ferdinand Marcos declared Martial Law.

Minutes before the channel was replaced by static, ABS-CBN CEO and president Carlo Katigbak and chair Mark Lopez both delivered heartfelt speeches on the NTC’s order to halt broadcast on TV and radio aired on TV Patrol, also the last news program the network aired.

“Kaya mawawala na po sa ere ang ating ABS-CBN ginawa na po natin ang lahat ng requirements para sa renewal at wala rin po kaming nilabag na batas. Pati po ang Kongreso na ayon sa batas ay may kapangyarihan na magutos sa NTC na magbigay ng provision authority sa tv stations ay nagsabi po na bigyan na muna ang ABS-CBN ng provision authority marahil naintindhan ng ating mga mambabatas na mahalaga ang ating serbisyo lalong lalo na sa panahong ito,” Katigbak said.

Katigbak called on the public to voice their opinions on the network’s closure.

He dedicated ABS-CBN’s service to the millions of Filipinos who were serviced by the network as well as the thousands of workers whose livelihoods were affected by the network shutdown.

“Ipadama, isaad at ipadinig po natin ang ating nararamdaman sa pagsasara ng ating ABS-CBN. Sa oras na ito, kami naman po ang humihingi ng inyong pagdamay. Maraming salamat po, mga Kapamilya,” he said.

Lopez, for his part, likewise dedicated its service to the millions of Filipinos and recalled how the network has been serving the public especially during times of calamities, tragedies and now the coronavirus pandemic.

“Masakit sa amin na ipinasasara kami, pero masakit din ito para sa milyon-milyong kababayan natin naniniwalang ang aming serbisyo ay mahalaga sa kanila. Marami pa po tayong mga hangarin para sa mga Pilipino at sa ating bayan,” Lopez said.

Anchors of TV Patrol also gave their emotional final bows, minutes before the network went off air.

“Karangalan po namin na maglingkod sa inyo, kabayan. Hindi man na-renew ang aming prangkisa at pinatitigil ang ating broadcast, nangangako kami sa inyo na hindi kami mananahimik sa pagatakeng ito sa ating demokrasya at sa malayang pamamahayag,” veteran broadcast journalist Noli de Castro said.

“Sa harap po na pinakamalaking dako at hamon sa aming kumpanya at sa aming mga hanap-buhay, hinding hindi namin kayo tatalikuran, kabayan. Mga kapamilya kami. Tayo ang ABS-CBN. In the service of the Filipino. Saan man sila naroroon, sa buong mundo,” he also said.

The network immediately aired the Philippine national anthem which normally airs at midnight at the end of the broadcast day.

“This is ABS-CBN Corporation Channel 2, a commercial television station transmitting on a 346.2 kilowatt effective radiated power with permit number BSD 0121-2018 MOD authorizing the station to operate until December 31, 2020," their final title card read.

"This is ABS-CBN Corporation Channel 2, in the service of the Filipino, now signing off."

https://www.philstar.com/headlines/2020/05/05/2012075/abs-cbns-last-moments-going-air-now

Noli de Castro: 'Tayo ang ABS-CBN'

Longtime ABS-CBN anchor Noli de Castro signed off the Tuesday evening broadcast of "TV Patrol" by recapping the broadcast network's service for its viewers over the past decades.

Shortly after the news program ended, the network went off-air as screens around the Philippines turned from blurred to white noise.

“Bayan, mga Kapamilya. Ilang dekada rin tayong nagkasama. Utang na loob namin sa inyo na tinanggap ninyo kami sa inyong mga tahanan gabi-gabi,” De Castro began.

(Philippines, our Kapamilya. We have been together for decades. We are indebted to you for accepting us in your households every night.)


“Naging malaking bahagi na kami ng inyong buhay. Karamay sa mga panahon ng kalamidad at paghihirap. Kasabay namin kayo sa pagluha sa mga teleserye. Magkasama natin ipinagbunyi ang tagumpay ng ating mga bayani, mga ordinaryong tao na nakagawa ng imposible. Sabay din nating pinanood na nabuo o mabuo ang kasaysayan sa pamamagitan ng TV Patrol at iba pang news and current affairs program,” the anchor continued.

(We’ve become a huge part of your lives. There with you during times of calamity and hardship. Our tears fell alongside yours watching teleseryes. Together we honored the victory of our heroes, our ordinary people who achieved the impossible. We watched our history unfold through TV Patrol and other news and current affairs programs.)

De Castro said it was an honor to serve their audience by sharing their stories and holding those in power to account.

“Hindi man na-renew ang aming prangkisa at pinatitigil ang ating broadcast, nangangako kami sa inyo, hindi kami mananahimik sa pag-atakeng ito sa ating demokrasya at sa malayang pamamahayag,” he said.

(Even if our franchise was not renewed and our broadcast was told to cease, we promise to you that we will not remain quiet about this attack on our democracy and our freedom of the press.)

“Sa harap po na pinakamalaking dako at hamon sa aming kumpanya at sa aming mga hanap-buhay, hinding hindi namin kayo tatalikuran, kabayan. Mga Kapamilya kami. Tayo ang ABS-CBN. In the service of the Filipino. Saan man sila naroroon, sa buong mundo.”

(In the face of the biggest hurdle and challenge to our company and to our livelihood, we will never abandon you, our countrymen. We are Kapamilya. We are ABS-CBN. In the service of the Filipino. Wherever you are in the world.)

https://www.philstar.com/entertainment/2020/05/05/2012058/noli-de-castro-tayo-ang-abs-cbn

ABS-CBN goes off air following NTC order


For only the second time in its history, ABS-CBN has gone off the air.

The National Telecommunications Commission ordered the giant broadcast network on Tuesday to stop operations due to the expiry of its legislative franchise.

The first time it was forced off the air was in September 1972 when the then president Ferdinand Marcos placed the country under martial law.

The network signed off at 7:52 p.m. on Tuesday, after airing the national anthem, naming its engineers and its TV stations.

The shutdown covers five AM stations, including DZMM, 18 FM stations and 42 TV stations, including Channels 2 and 23.

Top ABS-CBN executives appeared on its flagship newscast TV Patrol to appeal for support to get the network back on air.

“Ipadama, isaad at ipadinig po natin ang ating nararamdaman sa pagsasara ng ating ABS-CBN. Sa oras na ito, kami naman po ang humihingi ng inyong pagdamay,” ABS-CBN President and CEO Carlo Katigbak said.

[Translation: Let us make them feel and let them hear what we are feeling about the closure of our ABS-CBN. At this time, we are asking for your solidarity.]

“Masakit sa amin na ipinasasara kami, pero masakit rin ito para sa milyun-milyong mga kababayan natin naniniwalang ang aming serbisyo ay mahalaga sa kanila,” ABS-CBN Corporation chairman Mark Lopez said.

[Translation: It’s painful for us that we are being ordered to close, but this is also painful for the millions of our countrymen who believe that our service is important to them.]

The NTC on Tuesday ordered ABS-CBN to cease broadcasting operations due to the expiry of its legislative franchise, walking back from its promise to legislators last March to issue a provisional permit pending its renewal.

The commission also asked ABS-CBN to explain within ten days why the frequencies assigned to it should not now be recalled.

NTC Deputy Commissioner Edgardo Cabarios told CNN Philippines that there was no other option but to issue a cease and desist order for the media giant.

“Wala na pong [There is no] basis of the authorization granted. Since wala na pong [there is no longer an] authority, they have to stop operating,” Cabarios said. “We do not have any option but to comply with the law. We have to comply with the law.”

The NTC had earlier committed to the House Committee on Legislative Franchises that it will give ABS-CBN a provisional authority to operate pending the grant of a fresh 25-year franchise to the company.

This, however, was opposed by Solicitor General Jose Calida, saying that there is no law delegating the powers of Congress to approve franchises to the NTC. He even warned of graft charges for NTC commissioners if they made good with their promise.

Calida’s view differs from Justice Secretary Menardo Guevarra, who believes that no law governs the situation ABS-CBN is currently in, which should have given the NTC more leeway in allowing the network to continue operating.

“Considering that it has allowed other companies before in the same situation like PT&T, Smart and CBCP (Catholic Bishops Conference of the Philippines), it would just be fair and non-discriminatory if the NTC will continue to allow also ABS-CBN to operate while awaiting the action of Congress on the renewal of the franchise bill,” Guevarra said.

Several lawmakers who were dismayed by the NTC’s move said ABS-CBN can still challenge this before a court and secure a temporary restraining order.

While its TV and radio stations across the country have been shut down, the NTC said ABS-CBN can still continue delivering content through other media.

ABS-CBN News explained that the network can continue delivering content through its online platforms and through its cable news channel ANC.

Numerous bills seeking to grant ABS-CBN Corporation a fresh 25-year franchise remain pending in Congress.

Media outlets, as well as electricity companies and cable TV providers, are required to secure legislative franchises. Such bills must first be approved by the House of Representatives before they are acted upon by the Senate.

President Rodrigo Duterte has been publicly ranting against ABS-CBN since assuming office, saying that the network refused to carry his campaign commercials even if they have been already paid for.

In 2018, Duterte said he will block the renewal of the network's franchise. Last year, he told the Lopez family to just sell the company to a new owner to boost its chances of staying in business.

However, the President accepted the apology offered by ABS-CBN President Carlo Katigbak during a Senate hearing for airing an anti-Duterte ad during the 2016 campaign which was paid for by the opposition.

https://cnnphilippines.com/news/2020/5/5/ABS-CBN-off-air-NTC.html

DOJ: Cease and desist order vs ABS-CBN 'immediately executory' but can be reviewed

The cease and desist order from the National Telecommunications Commission against broadcast company ABS-CBN issued Tuesday is immediately executory but can be subjected to judicial review, Justice Secretary Menardo Guevarra said.

The Commission on Tuesday issued a cease and desist order against the broadcast giant, a day after ABS-CBN Corp.’s legislative franchise expired.

The NTC gave ABS-CBN ten days from receipt of order to explain why its frequencies “should not be recalled for lack of the necessary Congressional Franchise.”

Guevarra said the order “is immediately executory” but can be elevated for judicial review to either the regional trial court or the Court of Appeals.

The justice chief said that while he cannot answer whether ABS-CBN will halt its broadcasting upon receipt of the order, “a CDO is supposed to be effective immediately.”

"The NTC will have to enforce it if ABS-CBN will not voluntarily comply," he added.

Calida threat

By issuing the order, NTC Commissioner Gamaliel Cordoba walked back from an earlier statement that they would heed the Department of Justice’s advice that broadcast companies may continue to operate past franchise expiry, on a provisional license, pending congressional action on renewal bills.

The House Committee on Legislative Franchises in February urged the NTC to grant provisional authority to the network until it “has made a decision on its application.”

The Senate also passed a resolution calling on the NTC to issue a provisional authority to ABS-CBN.

Solicitor General Jose Calida on Sunday warned the NTC that officials may face graft charges if ABS-CBN is allowed to operate past May 4.

Calida has also sought to revoke ABS-CBN’s franchise before the Supreme Court, citing supposed franchise violations, which the network has approved or denied.

Guevarra noted that the DOJ’s advice to the NTC was in “accordance with law and equity,” and was echoed by the House panel in its letter to the commission.

“The NTC issued a cease-and-desist order instead. It must have a very good reason for doing so. Let’s wait for its explanation,” he added.

The NTC order comes as the Philippines and the rest of the world grapple with the COVID-19 pandemic that has infected millions and killed thousands globally.

https://www.philstar.com/headlines/2020/05/05/2011982/doj-cease-and-desist-order-vs-abs-cbn-immediately-executory-can-be-reviewed

NTC orders ABS-CBN to shut down operations

THE National Telecommunications Commission (NTC) ordered embattled media giant ABS-CBN to stop its broadcast and radio operations, a day after its legislative franchise expired.

As ABS-CBN continued its business on Tuesday , the NTC issued a cease and desist order against the network.

The NTC said that ABS-CBN “no longer has a valid and subsisting congressional franchise” to continue broadcasting on radio and television.

Once the government-run regulator receives ABS-CBN’s response, the NTC will schedule the case for hearing, to be set after the lockdown.

https://www.manilatimes.net/2020/05/05/news/headlines/ntc-orders-abs-cbn-to-shut-down-operations/722798/

ABS-CBN ordered to go off-air as franchise lapses

Regulators ordered ABS-CBN Corp. to stop airing on Tuesday, a day after its legislative franchise expired, putting at risk over 11,000 jobs in the country's biggest network as millions of Filipinos get displaced by the coronavirus outbreak.

In a statement, the National Telecommunications Commission ordered the broadcast giant to “cease and desist” operations after Republic Act No. 7966, which granted the network a 25-year license to operate, expired last May 4, 2020.

NTC also gave ABS-CBN 10 days to "respond as to why the frequencies assigned to it should not be recalled."

The suprise order from regulators capped the Duterte government's efforts to shut down the Lopez-led firm, efforts that transcended the branches of government— from President Duterte's attacks to the network, lawmakers' refusal to hear bills renewing its franchise, and a pleading from the government's lawyer before the Supreme Court to invalidate its existing license.

Last Sunday, World Press Freedom Day, Solicitor General Jose Calida made a last-ditch effort to put ABS-CBN off air. He asked NTC not to issue a provisional permit to operate without a new franchise from the legislature.

But a day after, legislators in both houses of Congress, as well as Justice Secretary Menardo Guevarra, expressed disagreement with Calida's opinion saying there should be no roadblock for NTC to grant ABS-CBN a permit. This is especially true, they said, since Congress, which has the sole power to grant franchises, had already written NTC to clear the way for ABS-CBN's continued airing.

"The NTC requested our opinion and the DOJ (Department of Justice) gave them an advice in accordance with law and equity. The Congress expressed essentially the same view as that of the DOJ and further enjoined the NTC to issue provisional authority...," Guevarra told reporters in a text message Tuesday.

Appeals from the DOJ and Congress appear to have not succeeded with NTC's latest order for the network to stop airing. "The NTC regional offices shall implement the closure order in their respective areas of jurisidiction," regulators said in a statement.

The order is likewise curious since NTC last March allowed ABS-CBN Convergence Inc. to operate beyond the lapsing of its franchise last March 16 during the Luzon lockdown. ABS-CBN Convergence is the network's telecom arm in charge of Bayan Communications and ABS-CBN Mobile.

President Duterte has repeatedly threatened to block the franchise renewal of ABS-CBN, which he accused of failing to return his money for campaign propaganda not aired during the 2016 presidential elections. Since gettting elected, Duterte has also alleged that ABS-CBN's reporting has been bias against his government. The network has repeatedly denied the allegations.

The closure order against ABS-CBN threatens the jobs of more than 11,000 workers employed by the network and its subsidiaries, regulatory filings showed.

The NTC order was issued hours after the shortened trading at the local bourse ended. On Tuesday, ABS-CBN shares closed at P17.50 apiece, up from P17 in the prior day.

https://www.philstar.com/business/2020/05/05/2011978/abs-cbn-ordered-go-air-franchise-lapses

NTC orders ABS-CBN to stop broadcasting

The National Telecommunications Commission (NTC) has ordered ABS-CBN to “cease and desist” from broadcasting on television and radio, one day after the company’s 25-year operating franchise expired.

In a Cease-and-Desist Order (CDO) dated May 5, the agency said the network must stop its broadcast operations "due to the expiration of its congressional franchise" on May 4.

It said the network should "stop operating its various TV and radio broadcasting stations nationwide 'absent a valid Congressional Franchise as required by law'."

The NTC gave the network 10 days from receipt of the order "to respond as to why the frequencies assigned to it should not be recalled."

It cited the Radio Control Law in ordering the network to halt broadcast operations.

"Upon the expiration of RA 7966, ABS-CBN no longer has a valid and subsisting congressional franchise as required by Act No. 3846," it said.

"The NTC Regional Offices shall implement the closure order in their respective areas of jurisdiction. After receipt of ABS-CBN’s response, the NTC shall schedule the case for hearing at the earliest time after the Enhanced Community Quarantine is lifted by the Government," it said.

The NTC is tasked with regulating and supervising radio and television broadcast stations.

The NTC order comes despite steps taken by Congress leaders to show that they favor a renewal of ABS-CBN’s broadcast franchise. Lawmakers have maintained they have the sole power to act on franchises such as that of ABS-CBN.

Earlier this year, the Senate adopted a resolution expressing the chamber’s view that ABS-CBN Corporation and its subsidiaries should be allowed to operate while awaiting Congress action on its franchise renewal application.

The resolution was turned over to NTC officials who said they were ready to issue a provisional authority for ABS-CBN.

At the House of Representatives where the measure on ABS-CBN’s franchise renewal must emanate, lawmakers also said they saw no reason to shut down the network because the franchise application was already being discussed by the House Committee on Legislative Franchises.

The committee chaired by Palawan Rep. Franz Alvarez held a meeting in early March to kick off deliberations on the ABS-CBN franchise bills. It also sent a letter to the NTC asking that a provisional authority be issued to ABS-CBN pending renewal of the network’s franchise.

Justice Secretary Menardo Guevarra was also of the opinion that ABS-CBN may continue broadcasting despite an expired franchise, on the strength of a provisional authority issued by the NTC.

However, Solicitor-General Jose Calida who had filed quo warranto petition questioning the validity of the ABS-CBN franchise was of a different mind. On Sunday, the eve of the expiration of the previous franchise, Calida warned NTC against issuing a provisional authority to ABS-CBN, saying Congress alone may decide on the fate of the network.

https://news.abs-cbn.com/news/05/05/20/ntc-orders-abs-cbn-to-stop-broadcasting

ABS-CBN ordered to cease operations due to expired franchise

The National Telecommunications Commission has ordered ABS-CBN to stop operating its various TV and radio stations nationwide following the expiration of its legislative franchise, the NTC announced on Tuesday afternoon.

In an order dated May 5, 2020, the NTC directed ABS-CBN to stop operating in various television and radio broadcasting stations nationwide, absent a valid congressional franchise which lapsed on May 4, 2020.

"Upon the expiration of RA 7966, ABS-CBN no longer has a valid and subsisting congressional franchise as required by Act No. 3846," it said in a statement.

The NTC, which earlier said it would grant a provisional authority (PA) to allow ABS-CBN to continue operations, has given the company 10 days from receipt of the order to respond.

The latest development came days after the Office of the Solicitor General warned NTC commissioners that they could face Anti-Graft and Corrupt Practices Act charges should they issue ABS-CBN Corp. and its affiliate ABS-CBN Convergence Inc. a provisional authority (PA) to operate after its franchise lapses on May 4, 2020.

The House of Representatives Committee on Legislative Franchises -- through a letter from House Speaker Alan Peter Cayetano and panel chair Franz Alvarez dated February 26, 2020 -- formally requested the NTC to grant ABS-CBN a PA to be able to operate beyond May 4.

NTC has sole authority -Palace

Presidential spokesman Harry Roque on Monday said the continued operation of broadcasting company ABS-CBN would solely depend on the decision of the NTC.

Roque made the comment amid the statement of Solicitor General Jose Calida threatening NTC over the weekend that its officials will face graft charges if it will allow ABS-CBN to operate on an expired franchise.

ABS-CBN’s franchise expired on Monday, May 4.

“Ang Solicitor General ay alter ego ng ating Presidente, at sumulat nga siya sa NTC. This must be dealt with by the NTC as a quasi-judicial body,” Roque said.

“Aantayin po natin ang sagot ng NTC. Ang desisyon po ng NTC ang ipapatupad ng Presidente. Hindi puwedeng impluwensiyahan ng Presidente ang NTC,” Roque added. -NB, GMA News

https://www.gmanetwork.com/news/money/companies/736932/abs-cbn-ordered-to-cease-operations-due-to-expired-franchise/story/

BREAKING: NTC issues cease and desist order vs ABS-CBN

The National Telecommunications Commission (NTC) on Tuesday issued a Cease and Desist Order against ABS-CBN after its legislative franchise expired on May 4.

In an Order dated May 5, the NTC directed ABS-CBN to stop operating its television and radio broadcasting stations nationwide “absent a valid Congressional Franchise required by law.”

The 11 bills seeking the renewal of franchise of ABS-CBN remain pending before the House committee on legislative franchises, the earliest of which, at least in the 18th Congress, was filed in July 2019.

So far, the committee on legislative franchises has only held one hearing—or meeting—to discuss the matter. But during this meeting, no one from ABS-CBN or from the opposition was invited.

https://newsinfo.inquirer.net/1270074/ntc-issues-cease-and-desist-order-vs-abs-cbn

Palace: NTC should independently decide on ABS-CBN franchise

The National Telecommunications Commission (NTC) should rule independently on the franchise of ABS-CBN Corp, Malacañang said Tuesday as it insisted that the Palace will respect any decision on the fate of the broadcast giant.

"I don’t think NTC will let any institution influence its decision," Presidential Spokesman Harry Roque said during a Palace press briefing.

Roque, a lawyer, said the NTC should be allowed to decide freely on the franchise of the company.

"The official position of the President is: since the matter is pending with the NTC, we will respect the decision of the NTC. Pero sa ngayon po antayin muna natin ang desisyon ng NTC," he said.

(For now, let's wait for the NTC decision.)

Solicitor General Jose Calida had warned the NTC against issuing provisional authorities to ABS-CBN in the absence of a franchise from Congress.

The NTC earlier committed to allow ABS-CBN to operate after its franchise expires, as requested by lawmakers, who have yet to tackle several bills seeking a fresh 25-year-franchise for the company.

https://news.abs-cbn.com/news/05/05/20/palace-ntc-should-independently-decide-on-abs-cbn-franchise