NTC regrets failing to inform House on ABS-CBN cease order, admits considering OSG threat

The National Telecommunications Commission (NTC) has apologized to the House of Representatives as it regrets failing to inform the chamber that it would issue an order telling ABS-CBN to stop its broadcast operations.

NTC also admitted that it  took into consideration the letter sent by the Solicitor General Jose Calida in coming up with the decision to issue a provisional authority or not.

In a letter dated May 12, the NTC responded to the show cause order issued by the House Committee on Legislative Franchises asking the officials of the commission to explain why they should not be cited in contempt for sending a cease and desist order (CDO) against ABS-CBN.

"We regret for failing to notify you, the Honorable Speaker, and the House of Representatives, and in particular the Chairperson and members of the Committee on Legislative Franchise, of our decision to issue a CDO against ABS-CBN following the expiration of its franchise last 4 May 2020," the NTC said in the letter.

"We are deeply saddened as well for the inconvenience we may have caused Congress. Again, we express our contriteness and sincere apologies for the ensuing confusion this has caused, not the least because we are in the midst of a crisis," it added.

According to the NTC, it was because of their "full respect and recognition" to the sole power of Congress to deal with matters related to legislative franchises that it desisted from issuing a provisional authority to ABS-CBN, and concluded that they were legally bound to issue a cease and desist order.

This was even as the NTC made a commitment to the House panel during its March 10 hearing that it would grant ABS-CBN a provisional authority.

"The representation was made upon the good faith belief that the issuance of the PA by the NTC provided the best possible solution at that time. Moreover, it was consistent with the legal advice of the Department of Justice, as well as Senate Resolution No. 40 based on equitable considerations," the commission said.

"NTC could have thus exercised more openness and prudence under the circumstances and, at the very least, alerted Congress of NTC’s inability based on legal grounds to issue the PA (provisional authority) as well as its subsequent decision to issue a CDO when the franchise of ABS-CBN expired," it added.

The NTC explained that it considered legal arguments and the opinions of legal luminaries, stakeholders, and other concerned sectors in trying to find a legal basis for the issuance of the provisional authority, including the letter sent by the Office of the Solicitor General.

"The NTC also considered the Comment submitted by the Office of the Solicitor General (“OSG”) in a petition pending before the Supreme Court as the “statutory counsel” of the NTC, as well as the letter dated 30 April 2020 that it sent the NTC, both vigorously asserting that the positions taken by the DOJ, the Senate, and the Congress supporting the issuance of a PA were contrary to the Constitution, the law, and jurisprudence which vested upon Congress the sole power to grant or renew a franchise," the commission said.

NTC said the OSG had also cautioned the commission that its members would risk criminal prosecution if they issue a provisional authority to ABS-CBN.

Calida earlier warned that NTC commissioners could face Anti-Graft and Corrupt Practices Act charges should they issue ABS-CBN Corp. and its affiliate a provisional authority (PA) to operate after its franchise lapses on May 4, 2020.

"In the end, NTC’s collective assessment was that the Constitution, the laws, and jurisprudence, provided insurmountable obstacles to the issuance of a PA, notwithstanding equitable considerations. If the NTC were to issue a PA, it would have amounted to an encroachment into the exclusive domain of Congress," the NTC said.

"We understand that the licensing power of the NTC may only arise from the necessary delegation of power from the Congress through a law. NTC would thus abide by any law passed by Congress which may extend all telecommunication and broadcasting legislative franchises that expired during the public health emergency, if there be any," it added.

In a statement, House franchise panel chair Franz Alvarez acknowledged the response of the NTC.

"The Committee shall duly consider the officials’ explanation and the apology contained therein in resolving whether or not they should be held in contempt," he said.

The panel will likewise consider the NTC's letter in deliberating on the various House resolutions related to the ABS-CBN franchise, including the one filed by Deputy Speaker Paolo Duterte and two other lawmakers to look into the "probable violations" of the TV network of its franchise, he added.

"We shall advise the NTC in due course of the Committee’s actions with regard to the foregoing matters," Alvarez said.

On Wednesday, the House of Representatives approved on second reading House Bill 6732, which seeks to grant ABS-CBN a provisional franchise until October 31, 2020.—AOL, GMA News