OSG asks CA to take note of Palace decision vs Newsnet

The Office of the Solicitor General asked the Court of Appeals to take into consideration the Office of the President's decision junking News and Entertainment Network Corporation’s (Newsnet's) appeal to be allowed to operate and maintain a local multi-point distribution system, or LMDS.
 
In an urgent manifestation dated April 5, the OSG stated that the OP effectively ruled that "a legislative franchise is necessary, nay, a pre-requisite, to the commercial operation of radio transmitters and receivers, including [the] local multi-point distribution system, or LMDS, to deliver interactive pay television and multimedia services." 
 
"It is respectfully prayed for the Honorable Court to take judicial notice of the Office of the President's decision dated 31 March 2023; and resultantly, for the Honorable Court to consider the same in the resolution of the respondent's motion for reconsideration," the OSG said.
 
The government had previously asked the CA to reverse its 2022 ruling that directed the National Telecommunications Commission (NTC) to approve Newsnet’s application to operate an LMDS.
 
Newsnet had filed an appeal before the OP that sought to reverse the resolutions of the Anti-Red Tape Authority (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.
 
In its decision, the OP indicated that Newsnet's appeal was moot and academic. 
 
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 any radio frequency.
 
Newsnet is an affiliate of NOW Telecom Company, Inc.  —VBL, GMA Integrated News