OSG asks CA to grant NTC appeal after Palace junked Newsnet’s plea for pay-TV service | Inquirer News

OSG asks CA to grant NTC appeal after Palace junked Newsnet’s plea for pay-TV service

/ 11:58 PM April 03, 2023

The Court of Appeals facade with its logo superimposed on the photo STORY: OSG asks CA to grant NTC appeal after Palace junked Newsnet’s plea for pay-TV service

The Court of Appeals in Manila. | BG PHOTO: COURT OF APPEALS WEBSITE

MANILA, Philippines — Government lawyers have reiterated its appeal for the Court of Appeals (CA) to set aside its previous ruling directing the National Telecommunications Commission (NTC) to automatically approve the application of News and Entertainment Network Corp. (Newsnet) to operate a local multi-point distribution system (LMDS).

In its urgent manifestation filed Monday, the Office of the Solicitor General (OSG), representing the NTC, called on the CA to take judicial notice of the Office of the President’s decision dismissing the appeal of Newsnet to reverse the ruling of the Anti-Red Tape Authority (ARTA),


ARTA nullified its previous ruling allowing Newsnet to install, operate, and maintain an LMDS to deliver interactive pay television and multimedia services in Southern Luzon, Northern Luzon, the Visayas, and Mindanao.


The OSG said the decision of the Office of the President is consistent with that of ARTA and the Department of Justice (DOJ), which are also of the opinion that applications involving radio frequency assignments are not within the coverage of The Ease of Doing Business and Efficient Government Service Delivery Act of 2018 (Republic Act No, 11032) but is a sole function of the government regulatory body, which is the NTC in this case.

“Humbly, with three government agencies – ARTA, the DOJ, and the Office of the President – echoing the same position that: first, ARTA had no jurisdiction over the assignment of frequencies; second, recall of ARTA’s Order dated 12 February 2020 was only proper having been rendered without jurisdiction; and, third, the expiration of petitioner’s franchise rendered its Application moot, respondents reiterate its plea for the Honorable Court to reconsider and set aside its Decision dated 20 July 2022,” the OSG said in the manifestation signed by Solicitor General Menardo Guevarra.

“From these events, respondents most respectfully submit re-plead, yet again, that a writ of mandamus compelling it to comply with the non-existent ARTA’s Order dated 12 February 2020 cannot be issued since ARTA or any other government agency for that matter and even the Honorable Court, cannot arrogate upon themselves this duty to regulate the frequencies — a scarce resource. ARTA cannot supplant NTC’s discretion on determining whether an entity should be granted frequencies and consequently a CPC or PA by ordering an application to be ‘deemed approved’,” the OSG added.


Palace dismisses Newsnet appeal to operate, deliver services

Arta rejects Newsnet’s franchise appeal

NTC asks Court of Appeals to reconsider decision on Newsnet franchise

Your subscription could not be saved. Please try again.
Your subscription has been successful.

Subscribe to our daily newsletter

By providing an email address. I agree to the Terms of Use and acknowledge that I have read the Privacy Policy.

TAGS: Court of Appeals, local multi-point distribution system, Newsnet, Office of the Solicitor General, pay-TV service

© Copyright 1997-2024 INQUIRER.net | All Rights Reserved

We use cookies to ensure you get the best experience on our website. By continuing, you are agreeing to our use of cookies. To find out more, please click this link.