The National Telecommunications Commission (NTC) ordered broadcast giant ABS-CBN to stop all its operations.
In a cease and desist order issued Tuesday, May 5, 2020, NTC asked the media company to close down all its television and radion networks following the expiration of its franchise on Monday, May 4.
The NTC’s decision came as a surprise after they had agreed under oath in the senate to grant the network provisional authority.
During the congressional hearing in March, the NTC through its commissioner Gamaliel Cordoba committed to congress that they will give ABS-CBN provisional authority following congress’ letter and Senate’s resolution as well as the DOJ Secretary’s opinion on the matter.
“May I assure this committee that barring a gross violation of its franchise of the NTC rules and regulations, NTC will follow the latest advice of the DOJ and let ABS-CBN continue operations based on equity,” said NTC Commissioner Cordoba told lawmakers
However, on Sunday, May 3, Solicitor General Jose Calida threatened NTC that they may face graft charges if they will continue to issue a provisional authority to ABS-CBN.
Thus, instead of provisional authority, the NTC slapped the network with a cease and desist order.
According to another NTC commissioner Edgardo Cabarios, there is no legal basis for ABS-CBN to get provisional authority because their franchise has already expired.
Asked why ABS-CBN was singled out since they’ve already given provisional authorities to other media companies who have expired franchises, Cabarios said because there’s someone who raised an issue against ABS-CBN.
NTC’s Cabarios: There was no legal basis to give ABS-CBN a provisional or temporary permit to keep broadcasting bec franchise had expired.
Why single out ABS-CBN?
Cabarios: Because someone raised the issue on their franchise. | @miguelrcamusINQ
— Inquirer Business (@InquirerBiz) May 5, 2020
Several lawmakers have already said that there shouldn’t be an impediment for NTC to grant ABS-CBN provisional authority.
“There is no reason why NTC should not grant a provisional authority for ABS-CBN… That is very explicit that Congress and Senate approve the giving of provisional authority,” said Sen. Zubiri.
“Established precedents in the ruling of NTC on a pending application for renewal of franchise is that if the franchise was filed on time and pending deliberations before the franchise committee the franchise expired, the NTC allows the applicant to operate until the committee on franchise decide with finality,” said Rep. Alfredo Garbin.
Two former chief justices of the Supreme Court have also said that NTC can issue provisional authority to ABS-CBN pending its franchise renewal in Congress.
“Hindi naman kasalanan ng ABS-[CBN]. Nagawa na ang lahat ng dapat gawin, lahat ng requirements nandiyan na. Hindi kasalanan ng ABS-CBN na wala pa silang franchise,” said former CJ Artemio Panganiban.
“In between na pinag-uusapan ng Kongreso kung iga-grant o ide-deny ‘yong franchise ay puwede namang mag-operate ‘yong company kung bibigyan ng Kongreso ng provisional permit.
“‘Yong question ng provisional authority, hindi napakahirap ‘yon eh. Hindi naman kailangan mag-conduct ng maraming public hearing. Public hearing do’n sa main question whether Congress would grant or deny the franchise,” said former CJ Reynato Puno.
Meanwhile, different media practitioners have shared their sentiments and disappointments about the NTC order.
UP journalism professor Danilo Arao characterized NTC’s move as a traitorous action saying it comes at the worst possible time.
“The NTC order comes at the worst time and is meant to please the worst president,” said Danilo Arao.
Center for Media Freedom and Responsibility Chairman Vergel Santos meanwhile called it a terrible act since media entities like ABS-CBN plays a great role during this time of the pandemic.
“This is terrible. I find this really worrisome because it comes at a time when the media, in particular, ABS-CBN, have been stepping up in its role in the face of this pandemic,” he said
