Marcoleta asks NTC why ABS-CBN can still air content through SkyCable

Deputy Speaker Rodante Marcoleta on Monday asked the National Telecommunications Commission (NTC) why ABS-CBN can still air content through SkyCable when the latter's own franchise expired on March 30.

During the continuation of the joint hearing of the House Committee on Legislative Franchises and on Good Government and Public Accountability, Marcoleta, who opposed the granting of a franchise to ABS-CBN, raised the issue of SkyCable, owned by the embattled broadcast company.

"I know that the transmitter in Bohol Avenue is the subject of the CDO but I'd like to know on what authority SkyCable is still airing their programs through this channel despite the fact that the franchise expired last March 30, 2020," he said.

"Is the NTC aware of this, and if they are, why is it that they consented in airing the programs?" he added.

ABS-CBN shut down its broadcast operations on May 5 following the issuance of a cease and desist order (CDO) from NTC after its franchise expired on May 4.

In response, NTC Commissioner Gamaliel Cordoba explained that former President Corazon Aquino issued Executive Order (EO) 205 in 1987 which essentially removes the requirement of a legislative franchise for cable TV operations.

He said that Section 1 of EO 205 states that "the operation of cable antenna television system in the Philippines shall be open to all citizens of the Philippines or to corporations, cooperatives or associations wholly-owned and managed by such citizens under a certificate of authority granted by the NTC."

"Lumalabas dito sa executive order na ito ay parang tinanggal ang requirement ng prangkisa para sa mga cable TV operators," Cordoba said.

"Actually yung mga ibang cable TV operators, kapag nag-aapply sa amin, ay wala naman silang prangkisa na sina-submit. At hindi na sila kumukuha ng prangkisa sa legislative branch of government. Ang ginagawa nila ay nag-iincorporate lang sila sa SEC [Securities and Exchange Commission] at saka nagsu-submit ng aplikasyon sa NTC," he added.

But Marcoleta asserted that EO 205 was dated June 30, 1987, way past the February 2, 1987 ratification of the 1987 Constitution, which removed the lawmaking power of the Philippine president.

He also claimed that SkyCable Corporation, then called Central TV, did not avail of a certificate of authority to operate from the NTC, but instead asked for a franchise from Congress.

"Yung EO 205, ang sinasabi doon, ang NTC ay magre-require ng certificate of authority to operate, 15 taon lamang yun. Hindi yun ang ginamit ng Central TV na ngayon ay SkyCable," he said.

"Ano ang ginawa nila? Pumunta sila sa Congress para makakuha ng prangkisa. Ibig sabihin, ang ginamit nilang authority ay yung prangkisang nakuha nila sa Congress which expired last March 30, 2020," he added.

Marcoleta asked NTC that if it is aware that SkyCable's franchise to operate has already expired, then why is it still allowed to broadcast content.

Neither ABS-CBN nor the NTC, however, was able to make a response as the hearing was abruptly suspended, citing overtime.

The joint hearing on the ABS-CBN franchise issue will resume on Thursday, June 11. 

Meanwhile, Marcoleta took a swipe at an ABS-CBN reporter, whom he accused of not giving him the opportunity to air his side as regards a report that put him in a bad light.

Mike Navallo had reported that Marcoleta was the author of several bills giving franchises to broadcast companies that had been in operation for over 50 years.

Marcoleta, during the hearings on the ABS-CBN franchise, had said that a franchise may only last for 50 years.

Marcoleta denied that he was the author of the franchise bills, saying his name was only included as one of the authors without his knowledge.

Navallo, for his part, said he sought Marcoleta for his side.

Marcoleta, however, asked him to instead organize a press conference in which he could answer the allegations.

Navallo said he was advised by his superiors that the network's reporters were not allowed to put together pressers for politicians.

As regards Marcoleta's authorship of the franchise bills, Navallo stood by his story saying it was a matter of public record. —BM/NB, GMA News