THE Philippine Competition Commission (PCC) said the reallocation of frequencies previously assigned to ABS-CBN Corp. is not covered by provisions on merger review.
In a statement on Thursday, the PCC said the National Telecommunications Commission (NTC) has the regulatory function over the reallocated frequencies to Advanced Media Broadcasting System (AMBS), Aliw Broadcasting Corp. (ABC), and Swara Sug Media Corp. (SSMC).
“It is not covered by the provisions on merger review under Republic Act No. 10667 or the Philippine Competition Act, and thus need not be notified to the PCC. In the case of AMBS, this limits PCC’s purview until details of AMBS’ acquisition by the Villar Group, including its relation to Streamtech Systems Technologies Inc., are made public,” it said.
Meanwhile, the PCC recommended to amend the rules and allow the commission to be an “approving body” in the assignment of vacated or available frequencies.
“This is a practice done by many jurisdictions across the world, in consideration of the impact on competition of players over scarce public goods like frequencies,” it said.
Further, the PCC backed the passage of House Bill No. 8910 or the Open Access in Data Transmission Act to allow a more transparent and fair spectrum management in the country.
“The overarching principle followed by the PCC is to foster a level playing field among new or existing players,” the commission said.
“The PCC invites the public’s attention to check on the quality and price options available to the viewing public during the tenancy of AMBS, ABC, and SSMC as provisional authority-holders of frequencies previously managed by ABS-CBN,” it added.
It was previously reported that digital Channel 16 was awarded by the NTC to AMBS with a provisional authority to operate. The company also received a temporary permit for Channel 2 until the analog shut-off scheduled to take place in 2023. Both channels were previously held by ABS-CBN.
The NTC also granted provisional authority to ABC and SSMC for Channels 23 and 43, respectively. The two frequencies were also previously issued to ABS-CBN. — Revin Mikhael D. Ochave
