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ABS can't operate sans franchise'
By Rey E. Requejo
FORMER Chief Justice Renato Puno Jhe broadcast network to operate pending
said Tuesday ABS-CBN Corporation the renewal of its franchise.
cannot operate once its franchise- expires
in May-and even with a temporary per-
mit granied by Congress.
Puno's view conftadicts that ofJustice
Secretary Menardo Guevarra who earlier
said Congress could allow or authorize
ABS...
Ftom Al
He also cited Republic Act 7925 or the
Public Telecomrnunications Polig/ Act
which, among other things, says no person
may start or conduct the busines ofbeing
a telecommunications entity without first
securing a franchise to operate.
"They cannot operate because,of that
decision by the Supreme Cowt. We were
ttnanimous in holding that tlere is a naed'
for a tinchise before the NTC can grant a
provisional pemit," Puno said in an inter-
view with CNN Philippines.
Recaling lhd he v{ot€ tle decision thaj
ras concured in by the r€st ofdle Dagisffi.,
Pruo said dal wiholl a fanclise, a rctwork
had no choioe brt to stop operafiors.
"They cannot operate because of that
decision and by the laws we have, particu-
larly RA 7925, Puno said.
He sals the NTC does not have the po\4.er
to granlA iemporary license '$ithout the
Fanchise given by Congress."
"This is also in RA 7925, which defines
the powen ofthe NTC, Puno said.
But d 1994 Memorandum ofUndeNand-
ing benveen the House of Representatives,
the NTC and tbe lGpisanan ng mga Brod-
kaster sa Pilipinas allowed rhe NTC ro issue
a temporary pernft to op€rate to hoadcast
networkr while their application for fi:an-
chise renewal was pending.
Sought for comment, Guevarra said he
was awaxe ofthe 1994 MOU but it woutd
still depend on lhe House ifthat would be
considered sufficient.
':But in my dpinion, it may have to be
refreshed or replaced by a formal resolu-
tion ofthe House, Guwarra said.
He said his ofrce will reply to the
NTC's request for a legal opinion today,
'Wednesday,
"but will issue guidance in'
stead ofa formal lggal opinion."
wEDNEsDAy FEBRueny ze, zozo ll
the Ndtional Telecommunications Com-
mission to grant a provisional authority to
Puno cited a 2003 decision of the Su-
prcme Court involving the case of As-
sociated Communications and Wireless
Services ys NTC that expressly required
the need for a license before a corporation
could operate. Next page
Pruro, tnugb said even wi*nut Co[g€ss'
movg ABS{BN strould still be alloned to
op€raig gh€n ftat sorne con4anies wift ex.
pircd licerues wlze able to do so in the pasL
In related developments:
. Senate Minority Leader Frankin Dril-
on said he would file a concunent resolu-
tion in the Senate to allow ABS-CBN to
operate until the end ofthe 18th Congress
in2022.
He said &e concured r€solution was
diffeFrt ftom Senate Joint Resolution rcso
lution 1I, which he also filed to extend the
netrvqt's franchis€ until Der,. 31, 2W.
Senaioi Aquilino Pimentel III said if
Congress could pass anydring jointly, then
it would be bettel ifCongress passed a law
that was also ajoint efort.
Sqrator Joel V larueva said he would rq
port Dilon's resolution for rhe sake of &e
11,071 wod@s ofdrc telwision D€twork
. SpeakerAlan Peter Cayetano o! Tues-
day maintained rhat the House of'Rep-
rcsentatives would weigh the merits of
the renewal of the fi:anchise of broadcast
nehvo*ABS-CBN in "a sober discussion
d[ough a committee haaring."
Cayetano also vowed that tbe hearing
on pending bills calling for the renewal of
tle franchise to operate ofABS-CBN Cor-
poration would be organized and that the
issues to be raised would be made clear
even before the hearing began.
This developed as Cebu Rep. Raul Del
Mar filed House Joint Resolution 28 ex-
tending the franchise of ABS-CBN 'rtil
the end ofthe I 8th Congress in June 2022.
The j oiht resolution was filed on Feb. 18.
. The labor group Defend Jobs Philip-
pines on Tuesday called on Congress to
renew the franchise of ABS-CBN. With
Mrcon Ramos-Araneta, Maricel V.
Cruz snd Willie Casas
),+@iT p\q€t