THE Office of the Solicitor-General (OSG) cautioned the National Telecommunication Commission (NTC) that it cannot grant provisional authority (PA) to media network ABS-CBN Corp. and its unit without their legislative franchises, which will expire on May 4.
Solicitor General Jose C. Calida, citing a jurisprudence, said the NTC can only issue a provisional authority to operate to a broadcasting company if it is given a franchise by the Congress and is awaiting approval of its application for a certificate of public convenience (CPC) before the NTC.
“Hence, a PA should only be issued once a congressional franchise has been granted and an application for CPC is pending before the NTC for approval. The NTC cannot issue a PA when the broadcast company has no valid and existing legislative franchise,” Mr. Calida said in a statement.
“No less than the Constitution requires a prior franchise from Congress. Hence, when there is no renewal, the franchise expires by operation of law. The franchise ceases to exist and the entity can no longer continue its operations as a public utility,” he added.
His stand is contrary to what Justice Secretary Menardo I. Guevarra said in a Senate hearing in February that the Congress may authorize the NTC to issue a PA to ABS-CBN pending the renewal proceedings of its franchise with lawmakers.
House Speaker Alan Peter S. Cayetano and Palawan Representative Franz E. Alvarez, chair of the House Committee on Legislative Franchises, sent a letter to the NTC, asking it to grant a PA to ABS-CBN on May 4 until the Congress decides on the networks franchise.
NTC said in March that it would issue the provisional authority to ABS-CBN.
Mr. Calida said the letter from the House of Representatives or the Senate Resolution No. 344 only expresses their sentiments and does not grant power to the NTC, citing a Supreme Court decision.
“These issuances cannot amend the current law requiring a congressional franchise for the operation of broadcasting networks. Not being separate laws themselves, they cannot amend or repeal prior laws,” he said.
The state’s top lawyer also said the NTC cannot use as a legal basis the opinion of the Department of Justice and “equity considerations” do not justify the grant of PAs to ABS-CBN and its affiliates, saying equity only applies when there is no law to be applied.
He also warned that the NTC commissioners may face anti-graft and corrupt practices complaints if they issue the PAs to ABS-CBN and its unit.
It can be recalled that the OSG filed a quo warranto petition before the Supreme Court for the cancellation of the legislative franchises of ABS-CBN and ABS-CBN Convergence, Inc. for “highly abusive practices” and violations of law.
The petition includes supposed violation of the laws on foreign ownership restriction and operation of a pay-per-view channel without NTC approval, among others. — Vann Marlo Villegas
