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The National Telecommunications Commission (NTC) admitted that it lacked the foresight as to the legality of its previous commitment to lawmakers that it can issue a provisional authority (AP) for ABS-CBN Corp. to continue its operations, regretting that it regrets not have succeeded. notify Congress of its decision against the broadcasting giant.
In a letter dated May 12, NTC officials led by Commissioner Gamaliel Córdoba apologized to Speaker of the House of Representatives Alan Peter Cayetano and Chairman of the Legislative Franchise Commission, Franz Álvarez, for “not notify them “of the decision to issue a cease and desist order (CDO) against ABS-CBN after the expiration of their franchise on May 4.
“We are also deeply saddened by the inconvenience we may have caused to Congress. Once again, we express our regret and our sincere apologies for the consequent confusion this has caused, especially since we are in the midst of a crisis, “the letter said.
To recall, Córdoba, in a hearing on March 10, assured Congress that her group can issue an AP to ABS-CBN that will allow it to continue broadcasting its programs even if its franchise in Congress has already expired and its renewal is pending with legislators. .
“The representation was made in the good faith belief that the NTC’s issuance of the AP provided the best possible solution at the time,” the letter said. “NTC could thus have exercised more openness and prudence under the circumstances and, at least, alerted Congress to NTC’s inability for legal reasons to issue the Palestinian Authority, as well as its subsequent decision to issue a CDO when the ABS franchise- CBN Expired. “
In the letter, the NTC explained that it was legally obligated to issue the CDO, since Congress has sole authority over the franchise bill. If it had decided to issue the AP to the media giant led by López, the NTC said it would have committed an “invasion in the exclusive domain of Congress.”
Without a franchise in Congress, under the law, any media entity is prohibited from airing. ABS-CBN aired on May 5, the same day that the NTC issued the CDO.
“We understand that the NTC’s licensing power can only come from the necessary delegation of power from Congress through a law,” the letter said. “NTC would comply with any law passed by Congress that may extend all, if any, legislative telecommunications and transmission franchises that expired during the public health emergency.”
The Justice Department previously held that the NTC could issue an AP to ABS-CBN despite the fact that
Franchise problem However, the Attorney General’s Office countered it, even threatening the regulatory body with corruption charges if it proceeds with the issuance of the temporary authority.
“The NTC also considered the Commentary submitted by the Office of the Attorney General in a petition pending before the Supreme Court as the NTC’s ‘statutory attorney’, as well as the letter dated April 30, 2020, which it sent to the NTC, both stating strongly that the positions taken by the Department of Justice, the Senate, and Congress that support the issuance of a PA were contrary to the Constitution, law, and jurisprudence that gave Congress the sole power to grant or renew a franchise, ” the letter read.
However, there is light at the end of the tunnel for ABS-CBN. The House of Representatives approved on Wednesday at second reading the provisional franchise that will extend its operations until only October 2020.
“We look forward to participating in the process of renewing our franchise and are ready to respond to the issues that have been raised against the network, its owners, management and employees,” the company said in a statement Wednesday night.
The Lopez-led network has been using other platforms to continue its operations, but is losing P35 million per day while it is off the air.
