NTC action on ABS-CBN after franchise lapse hinged on DOJ opinion

MANILA, Philippines — The National Telecommunications Commission on Monday said it is still waiting for the Department of Justice (DOJ) to come up with its legal opinion on whether or not media giant ABS-CBN can still operate once their franchise expires.

Engr. Annaliza Buenviaje of the NTC Broadcast Division said a memorandum of understanding between Congress, NTC and the Kapisanan ng mga Brodkaster ng Pilipinas (KBP) was signed in 1994, in which operators are allowed to operate or broadcast if they have pending bid for franchise renewal before the Congress.

“We’re still waiting for the reply of the DOJ because the said understanding and position for the operation of a network is under consultation pa with the DOJ,” Buenviaje said during the House committee on legislative franchise’s hearing.

Buenviaje said that the issuance of a provisional authority still depends on the congressional franchise “so until such time (there is already) decision for the approval of the franchise, that is the time the commission will act on it.”

Meanwhile, committee chair and Palawan Rep. Franz Alvarez said the panel will study what the lower chamber can do in case the justice department eventually issued a ruling that networks may not operate without a franchise.

“Papag-aralan po natin pag ganyan. Kasi wala rin po tayong naging experience pa, wala pang base po sa atin, wala po tayong naranasan po na umabot po sa DOJ yung opinion kasi nga po yung sa last Congress may mga ilang cases po na merong nag-expire (franchise) before natin na-aksyunan hindi naman po pinatigil. Wala naman pong nilabas na opinyon ang DOJ,” Alvarez told reporters in an interview.

House leaders earlier said that ABS-CBN can still operate even after its franchise expires.

During the hearing, Alvarez cited precedence in allowing networks to broadcast as their franchise renewal applications remain pending before Congress.

“There was a precedent na before and hindi naman sila pinahinto so I don’t see any difference kung bakit papahintuin ang ABS-CBN habang pending pa po ang renewal dito sa Congress,” Alvarez said.

INQUIRER.net has sought the comment of the justice department but has yet to receive a reply as of posting time.

Currently, there are 11 bills pending in the House committee on legislative franchises seeking the renewal of ABS-CBN’s franchise.

A resolution, House Resolution (HR) No. 639, has also been filed urging the House committee on legislative franchises to “report out without further delay for plenary action” a consolidated version of the bills on ABS-CBN’s franchise renewal.

Edited by EDV