MANILA, Philippines — Senate President Vicente Sotto III thinks passing a resolution to authorize the National Telecommunications Commission (NTC) to let ABS-CBN continue its operations pending its franchise renewal needs further study. But Sen. Grace Poe says such Congress, issuing such a resolution, is already a “proper forum” to issue such authority.
“I think my advice is for us to really study and review it well,” Sotto said.
He noted that a 1994 memorandum of agreement allowed the NTC to grant temporary permits to broadcast companies with pending applications for franchise renewal. But then, he said, this was already superseded by a Supreme Court decision in 2004.
READ: ABS-CBN’s franchise deemed extended until March 2022, says Sotto
On Tuesday, former Chief Justice Reynato Puno said the Supreme Court ruled in 2003 that a TV station would be required to have a franchise to keep operating and that the NTC could not grant it a provisional permit without a license being issued by Congress.
This means ABS-CBN could not continue its operations beyond the expiration of its franchise on May 4.
READ: Puno: ABS-CBN can’t continue operating without new license
“A Supreme Court decision forms part of the law of the land. We need to study this very thoroughly because we were not aware that there was such a Supreme Court decision,” Sotto said.
Under Republic Act No. 3846, television and radio broadcasting companies are required to secure a franchise from the government before they are allowed to operate. It is Congress that will decide whether to extend the franchise of public utilities, including media outfits.
The Senate president’s pronouncement came after Senate Minority Leader Franklin Drilon filed a concurrent resolution urging the 18th Congress to authorize the NTC to grant ABS-CBN provisional authority to continue to operate while lawmakers deliberate on bills seeking to renew its franchise.
READ: Drilon files concurrent reso to allow ABS-CBN to operate pending franchise renewal
These developments came after Monday’s Senate hearing by the public services committee, where Justice Secretary Menardo Guevarra broached the idea that Congress, through a concurrent resolution, could authorize the NTC to allow ABS-CBN continue its operations pending its franchise renewal.
READ: DOJ speaks: Congress may authorize NTC to let ABS-CBN operate pending franchise renewal
“I said let’s study it,” Sotto told reporters. “How do you react to the (2003) Supreme Court decision? It has never been brought out before, only now.”
Sotto said it would be better to pass a bill renewing ABS-CBN’s franchise rather than to adopt a resolution seeking to extend it.
“Again, we go back to the thing that, a Supreme Court decision forms part of the law of the land,” he said.
‘Congressional fiat’
Sen. Grace Poe, chair of the Senate public services committee tackling the franchise of ABS-CBN, said that she recognized the pronouncement of the former chief justice.
“We respect Chief Justice Puno because he has integrity and knowledge,” she said in an interview with reporters.
But so many years have passed, she said, and Congress has received so many franchise applications that it could hardly move forward. That’s why both chambers of Congress eventually came up with a “cure” for the situation.
The House and Senate, she explained, took it upon themselves — under “congressional fiat” — to tell the NTC that it could extend the authority of a network to operate while deliberations on its franchise renewal were still ongoing.
“This means it’s not necessarily a bill, but it’s by authority from Congress, which actually is the intent of a franchise, that the authority to grant a franchise emanates from Congress,” she explained.
She also expressed confidence that many of the other senators would support the concurrent resolution seeking to extend the operations of ABS-CBN beyond the expiration of its franchise pending its renewal.
“I’m quite confident that many senators will support it,” she added. And I hope that [the House] will be open to it as well.”
She was asked whether she would prefer the bill filed by Sen. Ramon “Bong” Revilla seeking to extend the validity of ABS-CBN’s franchise for a shorter time — until Dec. 31, 2020 — compared to the proposal for a longer extension submitted by Senate Minority Leader Franklin Drilon.
“I prefer it to be shorter because it’s better that there’s already certainty whether it would pass or not,” she said, speaking partly in Filipino.
She also pointed out that a longer temporary extension would just put network workers in suspense and extend their suffering, wondering whether they would move to another company or wait for the franchise renewal.
/atm