Solicitor General Jose Calida has warned the National Telecommunications Commission for its issuance of provisional authority to ABS-CBN Corporation and its affiliates, the franchise of which is set to expire today.
“The NTC commissioners risk subjecting themselves to prosecution under the Anti-Graft and Corrupt Practices Act should they issue the unlawful PAs to ABS-CBN Corporation and ABS-CBN Convergence in the absence of franchise,” Calida pointed out.
Calida emphasized that Congress has the sole power in issuing franchise and that the “NTC cannot issue a PA when the broadcast company has no valid and existing legislative franchise.”
He added that a “franchise expires by operation of law” without a renewal.
But on February 26, House Speaker Alan Peter Cayetano and House Committee Chair on Legislative Franchises Franz Alvarez sent a letter enjoining the NTC to provide a PA to ABS-CBN.
During the congressional hearing on March 10, NTC Commissioner Gamaliel Cordoba said his office will release a PA order to give the network a chance to continue operations while its franchise renewal application is pending in Congress.
He explained the decision is based on the opinion of the Department of Justice (DOJ) to let the network operate based on the “equity considerations” argument. The NTC has not yet released any statement on the matter.
Meanwhile, DOJ Secretary Menardo Guevarra said “there is sufficient equitable basis to allow broadcast entities to continue operating” while bills for their franchise renewal are pending in Congress. “In the present case, the subject company had already been granted a franchise and a license to operate, albeit subject to further deliberations for its renewal,” Guevarra added.
Alvarez reiterated the House Committee on Legislative Franchises asked the NTC to allow ABS-CBN to operate in the interim to give them time to decide on the franchise renewal.
Alvarez added “there is no reason for ABS-CBN to discontinue or stop their operations,” especially with the legal opinion of DOJ and authority from the House of Representatives. – Report from Kenneth Paciente
