Albay Rep. Edcel Lagman
MANILA -- A lawmaker at the House of Representatives on Monday said the National Telecommunications Commission (NTC) cannot, on its own, “resurrect” an expired legislative franchise by granting media giant ABS-CBN a “provisional authority to operate” beyond the network’s March 30, 2020 expiry.
Albay Rep. Edcel Lagman made the statement after some congressional leaders suggested that the network can secure a provisional authority from the NTC even after the expiration of the effectivity of its legislative franchise.
“Only holders of a valid, existing and/or renewed franchise can apply with the NTC for a certificate of public convenience and necessity (CPCN),” Lagman said.
Lagman urged the chamber to expedite the renewal of ABS-CBN’s franchise, which has long been pending in the House committee on legislative franchises.
House leaders earlier claimed that ABS-CBN may still continue to operate until 2022 as long as there is a pending bill extending or renewing its franchise.
Lagman, however, stressed that if there is no existing franchise, then there should be no operation, citing Section 16 of the Public Telecommunications Policy Act, which provides that “no person shall commence or conduct the business of being a public telecommunications entity without first obtaining a franchise.”
“The opinion that a franchisee can continue its operations as long as it has a pending application for renewal and the current Congress has not adjourned sine die is based on an alleged practice which can be challenged in court because it is not validated by jurisprudence,” he said.
Lagman also noted that the law further provides that “a CPCN expiring at the same time as a franchise shall be deemed to have been renewed for the same term if the franchise itself is also renewed or extended.”
“An existing, valid and/or renewed franchise is a condition precedent for the grantee to secure from the NTC the necessary permits and licenses,” Lagman said.
'Soberly, very reasonably'
Speaker Alan Peter Cayetano said the ABS-CBN franchise renewal must be discussed “soberly and very reasonably” at the lower chamber, possibly in May when other pressing issues are resolved and “cooler heads” take over the discussions.
“So bakit sinasabi kong hindi urgent? Don’t get me wrong. Napakaimportante po ng franchise ng ABS-CBN, hindi lang sa 11,000 empleyado. Importante ‘to sa buong bansa, sa demokrasya natin. Pero hindi ganun ka-urgent. Bakit? Kasi hanggang March 2022 pwede mag-operate e (So, why am I saying it’s not urgent? Don't get me wrong, ABS-CBN's franchise is very important, not just for the 11,000 employees, but for the whole country, for our democracy. But it’s not that urgent. Why? Because, they could still operate until March 2022),” Cayetano said.
“Kung tayo mag-hearing ngayon, alam mo, sasabihin ko sa inyo kung ano mangyayari: it will suck all the energy of the 18th Congress. Halos lahat ng miyembro, mag-a-attend. Mapapabayaan ang ibang mga importante (If we conduct hearings now, this will happen: it will suck all the energy of the 18th Congress. Almost all the members will attend. Other important issues would then be neglected),” he added.
Amid issues besetting ABS-CBN’s franchise renewal, Solicitor General Jose Calida filed on Feb. 10 before the Supreme Court a quo warranto petition, seeking the nullification of the franchise of ABS-CBN.
Calida accused the broadcasting firm of violating the Constitution when it allowed foreign investors to take part in its ownership by issuing Philippine Deposit Receipts through ABS-CBN Holdings Corp. (PNA)
