A LAWMAKER on Tuesday, May 5, warned that the National Telecommunications Commission (NTC) may be held in contempt for disregarding commitments given under oath.
Representative Franz Alvarez issued the statement in reaction to the NTC’s issuance of a cease and desist order against ABS-CBN Corporation despite an assurance by NTC Commissioner Gamaliel Cordoba that the television network would be allowed to continue operations while Congress deliberates on its application for the renewal of its franchise.
“If the NTC chooses to succumb to the pressure of the Solicitor General, and disregard the commitments they gave under oath, we reserve the right to call them before Congress and explain why they should not be held in contempt,” Alvarez, who chairs the House committee on legislative franchises, said.
The House committee began accepting position papers related to ABS-CBN’s application in February 2020. Eleven bills seeking to renew ABS-CBN’s franchise are pending before the committee.
On March 10, Cordoba told members of the House committee that the commission will heed the Department of Justice’s advice to issue a provisional authority to ABS-CBN.
ABS-CBN’s 25-year legislative franchise, which was granted through Republic Act 7966, expired on May 4, 2020. The NTC issued a cease and desist order against ABS-CBN a day later, on May 5.
In his statement, Alvarez said the NTC order challenges the authority of Congress to grant, deny or revoke broadcast franchises.
Alvarez said his committee “will not be dictated upon by any individual or agency as to the manner, schedule, and conduct of its official business.”
“We would like to make it clear that Congress takes this matter very seriously, as it directly challenges our exclusive Constitutional authority to grant, deny, extend, revoke or modify broadcast franchises, including having the primary jurisdiction to make an initial determination whether an application for a legislative franchise should be granted or denied,” he said.
Senators, who were dismayed by the closure order, said ABS-CBN should go to the Supreme Court.
Senator Risa Hontiveros said the order is “ill-timed and insensitive to the needs of the public” given that it was issued while the country is battling the coronavirus disease (Covid-19) pandemic.
“The delivery of timely and correct information is essential to our Covid-19 response,” Hontiveros said.
“This shutdown order goes against public welfare,” she added.
Senator Grace Poe, who earlier filed a Senate resolution seeking to deliberate on the TV network’s franchise, said the order will worsen the country’s unemployment situation.
“Ngayon pa sila magpapasara kung kailan ang daming walang trabaho, at least ito naaalagaan, at hindi sa gobyerno umasa. ’Yung mahirap 'yung mga mas maliliit ang sweldo. Yun ang patuloy ang sinuswelduhan ng ABS,” she said.
Senator Francis “Kiko” Pangilinan condemned the closure order and said ABS-CBN should bring the matter to the Supreme Court.
“We condemn this arbitrary exercise of governmental power. Ito’y kalokohan. Sa gitna ng pandemya ito inaatupag ng gobyerno. 2.2 milyong Pilipino na ang nawalan ng trabaho bunga ng Covid-19 pandemic at quarantine,” Pangilinan said.
“This is grave abuse of discretion. Justice secretary has said provisional authority can be issued by the NTC. NTC action is highly irregular as it has issued hundreds of provisional authorities to other broadcasting companies pending the approval by Congress of their franchise,” he added.
Senator Juan Edgardo “Sonny” Angara said shutting down the network will deprive Filipinos of reliable information.
“Where are they going to get their news now? On the internet where there is fake news? Through text when there are spam texts? It is disappointing on the part of NTC,” he said.
Senator Joel Villanueva said he was shocked by the order.
“Not only with the situation of our workers, the talents, more than 15k workers. But also because Mr. President the fact that during our hearing, NTC gave us their word. I'm just a little shocked that we are seeing this. We can do something about this,” he said.
For Senator Franklin Drilon, any opinion from lawmakers would “not move NTC anywhere” and the only remedy left is to go to the Supreme Court.
“The suggestion that the House should start acting within 10 days is valid but the reality is you may not get anything from the House. They have full discretion -- indeed the remedy is only in the Supreme Court. There is no harm to allow ABS-CBN to continue,” Drilon said. (Jove T. Moya/MVI/SunStar Philippines)