MANILA, Philippines — A lawmaker on Monday expressed support to proposals for a joint congressional resolution that would urge the government’s granting of a provisional permit to media giant ABS-CBN if the network’s broadcast franchise expires.
Agusan del Norte Rep. Lawrence Fortun said there is a need for a resolution as there is no legal basis for the National Telecommunications Commission (NTC) to allow a provisional operation by ABS-CBN.
“We are suggesting that if the House, if it is the sense of the House to allow the extended operation of ABS-CBN pending the deliberation on the House bills for the renewal of the franchise, why don’t we make a categorical and clear position on this matter by adopting a House resolution, or better still a joint concurrent resolution of both the House and the Senate,” Fortun told reporters.
“There is really no legal basis in allowing a provisional operation. It’s just some sort of a modus vivendi, parang arrangement lang siya (it’s like an arrangement) that has been done in the past,” the lawmaker added.
The adoption of a resolution, Fortun said, might be good “to send a very clear message to the NTC.”
Fortun said the case of ABS-CBN is “different” compared to other companies that had expired franchises and are awaiting the renewal of franchise.
The lawmaker said NTC might refuse to grant a provisional permit especially with the Office of the Solicitor General’s (OSG) filing of a quo warranto petition before the Supreme Court. OSG is accusing ABS-CBN of violating terms of its legislative franchise.
“With the case of ABS-CBN, no less than the Office of the Solicitor General is seeking the revocation of its franchise before the Supreme Court. In which case, the NTC might refuse to issue a provisional permit if there is no clear and categorical position expressed by Congress,” Fortun pointed out.
Further, Fortun said NTC can also issue a cease-and-desist order on its own.
“Strictly speaking, the franchise is a requirement [for] the issuance of any permit. It’s just that it was the practice in the past that any company with an expired franchise but already awaiting the renewal of that franchise is given a provisional permit because there is an expectation, there is an anticipation that any time soon the renewal of the franchise would take place [but] not in this case,” Fortun said.
House Speaker Alan Peter Cayetano previously said that ABS-CBN may continue broadcasting if NTC grants it a provisional authority to operate.
Cayetano said the House franchise panel may submit to NTC a document supporting the provisional license for ABS-CBN.
The House Speaker made the pronouncement as bills seeking ABS-CBN’s franchise renewal remains pending in the lower chamber.
Ako Bicol Party-list Rep. Alfredo Garbin Jr. on Sunday also called for a joint concurrent resolution which would give “clarity and substance to the emerging consensus that ABS-CBN can continue to operate while the franchise bills are pending in the 18th Congress based on precedents.”
Senator Grace Poe, chair of the Senate public works committee, also said that lawmakers should put in writing or declare verbally that ABS-CBN may still continue to operate until 2022.
There are 11 bills calling for ABS-CBN’s legislative franchise renewal that remain pending at the House of Representatives.
Despite this and the continuous call of several House members for the issue to be tackled, the House committee on legislative franchises has yet to calendar the bills for a public hearing.