DoJ, Senate back ABS-CBN operation

By Vann Marlo M. Villegas and Charmaine A. Tadalan, Reporters

THE Department of Justice (DoJ) stood by its position that ABS-CBN Corp. can still operate while the broadcasting giant’s application for franchise renewal is pending with the Congress.

Justice Secretary Menardo I. Guevarra said there is no law that governs the rights and obligations of an entity that has already been granted a legislative franchise and has operated for years but whose application for renewal is pending.

“In several similar situations in the past, congress allowed the status quo, without urging the NTC (National Telecommunications Commission) to issue a temporary or provisional permit, in consideration of the equities of the situation,” he told reporters in a mobile-phone message.

Solicitor General Jose C. Calida on Sunday warned the NTC that it cannot grant provisional authority to ABS-CBN Corp. and its unit ABS-CBN Convergence, Inc. to operate once their legislative franchises expire.

ABS-CBN Corp.’s franchise expired on May 4 while its unit’s franchise expired on March 17.

Mr. Calida said the NTC can only issue the provisional authority to a broadcasting company for its operation once it secured the Congress’ nod on its franchise and while awaiting approval of the application for a certificate of public convenience before the commission.

Mr. Guevarra also said one of the Supreme Court decisions cited by Mr. Calida — wherein the high court declared invalid the 1991 DoJ opinion which states that the NTC may issue a permit or authorization without legislative franchise — does not apply because the company in the case did not have an original franchise.

“In the present case, the subject company had already been granted a franchise and a license to operate, albeit subject to further deliberations for its renewal,” he said.

Mr. Guevarra in February said in a Senate hearing that the Congress may authorize the NTC to issue a provisional authority to ABS-CBN while it awaits franchise renewal.

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 provisional authority to ABS-CBN on May 4 until the Congress concludes the renewal proceedings.

SENATE INSISTS NTC CAN ISSUE PROVISIONAL AUTHORITY
Senate Majority Leader Juan Miguel F. Zubiri said the NTC can grant ABS-CBN Corp. provisional authority to continue operation as its franchise expired on Monday.

“There is already precedence wherein the NTC has issued provisional authority for franchises that have expired but pending in Congress,” Mr. Zubiri said in a virtual briefing, Monday.

“There is no reason why the NTC should not grant the temporary authority to ABS-CBN,” he added.

The Senate on March 12 turned over to the NTC a resolution, allowing the issuance of a temporary permit to the media network, while its franchise is pending in both Houses.

Mr. Zubiri said the chamber would remind the NTC to allow ABS-CBN’s operation, as discussed in the resolution.

“Definitely, we’ll remind the NTC on their commitment to issue a provisional authority,” he said, noting that the network will not need to suspend its operation as it awaits authorization.

The House Committee on Legislative Franchises started tackling the franchise on February 24, the same day the Senate opened its inquiry on allegations against ABS-CBN.

Mr. Zubiri said Mr. Calida may question the granting of temporary permit to ABS-CBN in the appropriate court, but maintained his position based on his experience as former House legislative franchises committee chairman.

Further, Mr. Zubiri flagged moves to shut down ABS-CBN in the middle of the coronavirus disease 2019 (COVID-19) pandemic as “highly irregular” and “questionable.”

“At this point in time na (of a) pandemic, kailangan natin ng (we need) information dissemination, kailangan natin ng (we need) information gathering, we’ll shut down a major network, which, for me, is highly irregular at this point in time and questionable,” he said.

NTC MEMORANDUM ALLOWS OPERATION
The NTC has said that it will issue the provisional authority to ABS-CBN. In March, the NTC issued a memorandum allowing telecommunication companies, including ABS-CBN Convergence, whose franchise had expired, to operate during the Luzon-wide quarantine period.

Mr. Calida also warned then that NTC commissioners may face anti-graft and corrupt practices complaints if they issue the provisional authority.

The Office of the Solicitor General in February filed a quo warranto petition before the Supreme Court for the cancellation of their legislative franchises, citing “highly abusive practices” and law violations.

Presidential Spokesperson Harry L. Roque on Monday said that President Rodrigo R. Duterte would not interfere with the decision of the NTC on the operations of ABS-CBN.

“Itong bagay pong ito is a matter that must be dealt with by the NTC as a quasi-judicial body at hihintayin po natin ang sagot ng National Telecommunications Commission. At ang Presidente naman po, ipapatupad po kung ano ang magiging desisyon ng [NTC],” he said in a briefing.

(This is a matter that must be dealt with by the NTC as a quasi-judicial body and we are waiting for its answer. And the President will implement whatever will be the decision of the [NTC].)