SC ruling on grant of franchise not necessarily applicable to ABS-CBN, solon says

As far as Bayan Muna party-list Representative Carlos Zarate is concerned, the Supreme Court ruling saying that a franchise is needed before a broadcast entity could be granted a provisional authority to operate is not necessarily applicable to the case of ABS-CBN.

Zarate made the remark after former Chief Justice Reynato Puno said the National Telecommunications Commission (NTC) had no power to give the network provisional authority to operate in the absence of a franchise, citing a 2003 ruling of the Supreme Court.

In an interview on Wednesday, Zarate said there is a difference in the case of ABS-CBN and that of Associated Communications & Wireless Services - United Broadcasting Networks, which is the subject of the Supreme Court ruling.

According to him, the said entity initially was given a two-year provisional authority to operate by virtue of the 1994 memorandum of understanding (MOU) between Congress, NTC and the Kapisanan ng mga Brodkaster ng Pilipinas.

However, during the said period, Zarate said the entity failed to obtain a legislative franchise for its operations until the end of the 9th Congress. It also was not able to re-file an application in the 10th Congress but continued operations.

"So nung pinag-explain sila ng NTC bakit tuluy-tuloy ang operations niyo without a franchise tapos binawi ang kanilang frequency, nag-file sila ng kaso, umabot sa Supreme Court. At sinabi ng Supreme Court, mali na yun, wala kayong prangkisa," Zarate said.

The case of ABS-CBN is different, Zarate pointed out. He said that after the issuance of the 1994 MOU, broadcast entities applying for a franchise had invoked the said agreement to get a provisional authority to operate. The said agreement, he added, was even used in the years after the 9th Congress.

"Meron pa namang franchise ang ABS-CBN ngayon. Kaya nga sinabi ko kahapon na habang buhay pa yung franchise ng ABS-CBN, it can already go to the NTC invoking this memorandum of understanding para mabigyan ng provisional authority ng dalawang taon," he said.

"Habang itong memorandum of understanding na ito is not superseded by another document, another memorandum of understanding or another resolution from Congress, ito yung existing document that can be relied on," he added.

Currently, there are 11 bills filed at the House of Representatives seeking to renew the franchise of ABS-CBN.

On Monday, Committee on Legislative Franchises chair Franz Alvarez announced the panel is now open to accepting position papers for or against the renewal of the ABS-CBN franchise, signalling the start of the proceedings of the chamber on the matter.

He said that once all positions papers have been taken into consideration, the panel can formally start deliberating on the ABS-CBN franchise renewal bills. This, however, could take place either in May or in August, after President Rodrigo Duterte's State of the Nation Address. —LDF, GMA News