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Ex-CJ Puno: House provisional permit key to ABS-CBN operation sans franchise


ABS-CBN cannot continue operating once its franchise expires unless the House of Representatives grants the network a provisional permit, former chief justice Reynato Puno said Tuesday.

Citing a Supreme Court decision, Puno said the National Telecommunications Commission (NTC) had no power to give the network provisional authority to operate in the absence of a franchise.

In an interview on CNN Philippines, the retired magistrate said the Supreme Court's ruling in 2003 in the case of Associated Communications & Wireless Services - United Broadcasting Networks vs NTC held that there was a need for a franchise before the NTC could grant a provisional permit.

"Without a franchise, the television station concerned has to cease operations," said Puno, the author of the decision.

In ABS-CBN's case, he said the network could not operate beyond May 4—the expiration date of its existing franchise—"because of that decision of the Supreme Court and by the laws that we have, particularly Republic Act 7925."

Section 16 of RA 7925, the Public Telecommunications Policy Act of the Philippines, says "[n]o person shall commence or conduct the business of being a public telecommunications entity without first obtaining a franchise."

When asked if a concurrent resolution by Congress, as earlier suggested by Justice Secretary Menardo Guevarra, will work, Puno said: "Certainly."

While he said there was a "constitutional question" on whether or not the Senate should participate in a joint resolution, he said, "This issue would become moot if the House by itself would grant that kind of a permit and that is a neutral order, that is a status quo order that will not prejudice any of the parties."

Guevarra earlier said Congress may authorize the NTC to issue ABS-CBN a provisional authority to operate if its franchise expires before lawmakers could decide pending bills seeking its renewal.

The Justice chief said Congress may do this through a concurrent resolution, which he said would give legal basis for continued operations that in previous similar cases were based on letters or memoranda of understanding between authorities and the companies.

Guevarra said the "informal" practice persisted because no complaints were filed.

Asked why other organizations were able to continue operating despite having been in a similar situation, Puno said: "That is by mere tolerance, by mere practice. But that practice cannot be sustained if you have a decision of the Supreme Court and you have a law saying that you need a franchise." —NB, GMA News

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