NTC can’t ‘resurrect’ expired franchise of ABS-CBN, says solon

MANILA, Philippines — Albay Rep. Edcel Lagman on Monday thumbed down the suggestion of some House leaders for media giant ABS-CBN to secure a provisional authority from the National Telecommunications Commission (NTC) to operate even after the expiration of its franchise.

In a statement, Lagman said such suggestion is a mere “illusory remedy,” since only holders of a valid, existing and/or renewed franchise can apply with the NTC for a certificate of public convenience and necessity (CPCN).

“The NTC cannot on its own resurrect an expired legislative franchise by granting a former grantee a ‘provisional authority to operate’,” said Lagman, who was among those who filed a resolution pushing the lower chamber to hear ABS-CBN’s application for franchise renewal.

Speaker Alan Peter Cayetano previously said that ABS-CBN may continue broadcasting if the NTC grants it a provisional authority to operate.

Cayetano said that the the House franchise panel may submit to the NTC a document supporting the provisional license for ABS-CBN.

Isabela Rep. Antonio “Tonypet” Albano, who serves as vice-chairperson of the House committee on legislative franchises, also said that ABS-CBN can still operate beyond the expiration of its franchise on March 30.

Cannot operate without franchise

Lagman claimed that rather than prescribing false cures for ABS-CBN, the House should just expedite the renewal of its franchise.

The opposition solon pointed out that such provisional authority from NTC “can be challenged in court because it is not validated by jurisprudence,” citing Section 16 of Republic Act No. 7925 or the Public Telecommunications Policy Act of the Philippines.

This provision states that “no person shall commence or conduct the business of being a public telecommunications entity without first obtaining a franchise.”

“Section 16 further provides that ‘a CPCN expiring at the same time as a franchise shall be deemed to have been renewed for the same term if the franchise itself is also renewed or extended’,” Lagman said.

“Consequently, a CPCN automatically expires with the expiration of the franchise and no CPCN can be extended when the franchise has expired,” he added.

Lagman also noted that NTC’s 2006 Rules of Practice of Procedure which states that “when the application is predicated on a franchise… such franchise or contract shall be impleaded in the application by alleging in substance its salient provisions, appending to the application a copy of the same.”

“The franchise to be impleaded in the application with NTC must be a valid, existing and/or renewed franchise,” Lagman argued.

Edited by EDV