Palace junks Newsnet’s appeal to be allowed to operate

The Office of the President has junked the appeal of News and Entertainment Network Corporation (Newsnet) to reverse the decision of the Anti-Red Tape Authority (ARTA) to nullify the approval of the firm's application to install, operate and maintain a local multi-point distribution system or LMDS.

In a 16-page decision signed by Executive Secretary Lucas Bersamin on March 31, 2023, the OP indicated that Newsnet's appeal was moot and academic.

"Accordingly, considering the disquisition and rulings that the appeal has become moot and academic, that ARTA was correct in issuing its assailed Resolutions, and that Newsnet engaged in forum shopping, this Office finds the dismissal of the instant appeal filed by Newsnet proper," the decision read.

Newsnet had filed an appeal before the OP, which sought to reverse the resolutions of ARTA that nullified the February 12, 2020 Declaration of Completeness and Order of Automatic Approval of Newsnet’s application to install, operate and maintain an LMDS to deliver interactive pay television and multimedia services nationwide in the 25.35GHz-26.35GHz frequency range.

The OP said the expiration of Newsnet's legislative franchise effectively disqualified it from commercially operating radio transmitters and receivers, including an LMDS to deliver interactive pay television and multimedia services, and being allocated with any radio frequency.

The OP further cited Newsnet’s deliberate forum shopping as another primary consideration for setting aside the appeal.

“If the acts of the party or his or her counsel clearly constitute willful and deliberate forum shopping, the same shall be ground for summary dismissal with prejudice and shall constitute direct contempt, as well as cause for administrative sanctions. Newsnet’s willful and deliberate forum shopping is thus another ground to dismiss the instant appeal,” the decision said.

Newsnet is an affiliate of NOW Telecom Company Inc.

Sought for comment, NOW Managing director for business development Kristian Pura said the company had yet to receive an official copy of the OP decision.

Meanwhile, the National Telecommunications Commission (NTC) has asked the Court of Appeals (CA) to set aside its previous ruling which tasks the regulatory body to grant a certificate of public convenience (CPC) to News and Entertainment Network Corporation (Newsnet), a decision which allows Newsnet to operate an interactive pay television and multimedia services in the country via Local Multi-Point Distribution System.

The NTC made the pleading in a six-page urgent manifestation with motion for the CA to take judicial notice of the Office of the President’s Decision dated March 31, 2023, that already denied Newsnet’s appeal to operate such a business.

The NTC cited that the Anti-Red Tape Authority (ARTA) already recalled its February 2020 issuance of Declaration of Completeness which tasks NTC to issue CPC to Newsnet last June 2022. —NB, GMA Integrated News