Last Tuesday, May 26, the National Telecommunications Commission (NTC) urged the Supreme Court to reject ABS-CBN’s request for a temporary restraining order against the Cease and Desist Order that they issued earlier this month.
The regulatory body insisted that it had the basis to issue the CDO despite the letter from the House franchise committee and a Senate resolution authorizing NTC to issue a temporary provision to operate for ABS-CBN,
They reiterated that there is a need for a franchise before any broadcasting station can operate in the country,
“The Cease and Desist Order was issued against the petitioner in compliance with the Constitution, applicable laws, 2006 National Telecommunications Commission Rules of Practice and Procedure, and existing jurisprudence, and on account of the lapse of the petitioner’s franchise.”
They even stressed that it has the right to issue the CDO on its own, without a prior hearing, upon the lapse of the franchise of the network, in the interest of the state’s public service.
This was contrary to what they said last March when they promised to allow the media giant to continue operations until 2022.
After receiving resolutions from the Senate and the House of Representatives, the Deputy Commissioner Edgardo Cabarios told reporters, “Ang advice kasi ngayon is kapag may concurrent resolution, then we can issue the provisional authority.”
Senators hand over to NTC Deputy Commissioner Edgar Cabarios the chamber’s resolution recommending the issuance of a provisional authority for ABS-CBN while Congress continues to deliberate its franchise renewal bid. pic.twitter.com/mrnbZk5ZD7
— Kat Domingo (@_katrinadomingo) March 11, 2020
But this pledge was obviously broken, which shows that the NTC breached its own memo.
“All existing permits, certificates, and licenses, including radio operator certificates, to operate radio communications equipment, networks, and facilities, government or private, in various radio services such as but not limited to fixed and land mobile, amateur, aeronautical, maritime, satellite, special services, issued by the National Telecommunications Commission, expiring within March 15, 2020 to April 14, 2020 or during the Enhanced Community Quarantine Period shall continue to be valid sixty (60) days after the end of the government-imposed quarantine period,” the memo read.
Previously, the NTC had allowed 5 other broadcasting firms to operate up to 2 years after their franchise had lapsed.
Yet it said the situation of ABS-CBN is special, because no less than the Solicitor General had lodged a lawsuit against ABS-CBN.
A day after ABS-CBN signed off, a letter surfaced revealing Solicitor General Jose Calida was the culprit behind the abrupt decision by the National Telecommunications Commission to suspend the operations of the network.
“With an expired franchise and a failure to renew the franchise, the NTC should, instead of entertaining the thought of issuing a PA, with or without hearing, issue a show cause or recall order requiring ABS-CBN Corporation to explain why the broadcasting frequency assigned to it should not be recalled or otherwise forfeited.”
