Senators urge NTC to reconsider closure order on ABS-CBN

Thirteen senators on Thursday urged the National Telecommunications Commission (NTC) to reconsider its ruling on shutting down ABS-CBN following the latter's franchise expiration.

P.S. Resolution No. 395 was filed to convince the NTC to reverse its cease and desist order against the broadcast network and its affiliates, and allow them to operate pending the decision of lawmakers on the franchise renewal.

It underscored that "there is precedent for entities whose franchises have expired to be allowed to continue to operate, pending the grant of franchise renewal by Congress."

READ: Senate Resolution No. 395 urging the NTC to reconsider the closure order it issued vs. ABS-CBN after the latter’s franchise expired on May 4. Thirteen senators from both the majority and minority blocs signed it. @gmanews

???? Office of Senator Hontiveros pic.twitter.com/nuxAKYHXWp

— Dona Magsino (@donamagsino) May 7, 2020

"The Catholic Bishops Conference of the Philippines Broadcast franchise expired on August 4, 2017 and was only renewed on April 22, 2019... Globe Innove's franchise expired on April 10, 2017 and was only renewed on December 14, 2018. PT&T's franchise expired in November 2015 and was only renewed on July 21, 2016," it read.

The senators further pointed out that the NTC recently released Memorandum Order 03-03-2020 which states that all existing NTC-issued permits, certificates, and licenses expiring during the enhanced community quarantine shall be valid 60 days after the end of the government-imposed confirment measure.

"This suggests that there is enough basis in policy and in practice to allow ABS-CBN Corporation and its subsidiaries and/or affiliates to continue theor operations pending the renewal of their respective franchises," the resolution read.

It also indicated that 13,000 workers of the media company would be rendered jobless amid the COVID-19 pandemic if the cease and desist order will not be withdrawn.

Senate President Pro Tempore Ralph Recto, Senate Majority Leader Juan Miguel Zubiri, Senate Minority Leader Franklin Drilon, Senators Risa Hontiveros, Sonny Angara, Nancy Binay, Pia Cayetano, Sherwin Gatchalian, Leila De Lima, Lito Lapid, Manny Pacquiao, Francis Pangilinan, and Joel Villanueva were signatories to the resolution.

"Ang aming resolusyon ay nasa lenggwaheng nananawagan sa NTC i-reconsider ang kanilang cease and desist order," Hontiveros said in a virtual interview.

"Dahil bilang miyembro ng executive puwede nilang bawiin 'yan. Pwede nilang i-reconsider, puwede nilang bawiin," she added.

Hontiveros said she remains hopeful that the NTC would listen despite the fact that it snubbed the previously adopted resolution expressing the "sense of the Senate" last March that ABS-CBN Corporation and its subsidiaries should continue operations pending the deliberation of their franchise renewal.

Simple Senate resolutions do not have the effect and force of law unlike joint resolutions.

"Hopeful ako lalo na sa tsunami ng negatibong reaksyon ng mga manonood dito sa Pilipinas at mga kababayan natin sa ibang bansa," she said.

The NTC previously said it will heed the advice of the Department of Justice and both houses of Congress to allow the company to continue broadcasting "based on equity."

However, it issued a cease and desist order against ABS-CBN after the Office of the Solicitor General, its legal counsel, warned that NTC executives could face graft charges should they allow ABS-CBN and its affiliate to continue operations through provisional authorities after their 25-year franchises lapsed on May 4.

The NTC has since denied that Solicitor General Jose Calida's warning affected its decision.

Calida also defended the NTC and said it merely followed the law.

The Palace, for its part, said it will have its hands off the issue as it pointed out that President Rodrigo Duterte does not have appellate jurisdiction over NTC and thus cannot order it to reverse its decision. — RSJ, GMA News