NTC to take legal tussle with Newsnet before SC

The National Telecommunications Commission (NTC) insisted on Wednesday that it would take its "legal tussle" with News and Entertainment Network Corp. (Newsnet) before the Supreme Court.

“The Court of Appeals (CA) decision is not final and the NTC will elevate this case to the SC,” the NTC said in a statement following reports that its motion for reconsideration has been denied by the CA in a resolution promulgated last March 28.

To recall, the Office of the Solicitor General asked the Court of Appeals to take into consideration the Office of the President's decision junking 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."

The NTC maintained that Newsnet could no longer be allowed to operate and be assigned a radio frequency after its legislative franchise expired in August 2021.

“The Supreme Court, in a long line of decisions, which includes Divinagracia v. Consolidated Broadcasting System & People’s Broadcasting Service, Inc. and Associated Communications and Wireless Services United Broadcasting Networks v. NTC, has put to rest the ‘no franchise, no operations’ doctrine for broadcast companies which include [Newsnet] which will use radio frequencies in its [LMDS] operations,” the NTC said.

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.

Newsnet is an affiliate of NOW Telecom Company, Inc. —VAL, GMA Integrated News