(Eagle News)–Solicitor General Jose Calida on Sunday, May 3, warned the National Telecommunications Commission against granting provisional authorities to operate broadcasting services to ABS-CBN Corporation and its affiliate, ABS-CBN Convergence, Inc., despite the absence of franchises from Congress.
In a statement, Calida said the NTC commissioners risk subjecting themselves to prosecution under the Anti-Graft and Corrupt Practices Act should they issue the same as the Constitution gives Congress the exclusive power to grant franchises to public utilities, such as broadcasting companies.
Although this legislative power may be delegated to administrative agencies through a law, at present, Calida said there is no such law giving the NTC or any other agency the power to grant franchises to broadcasting entities.
He said according to a a 2014 Supreme Court decision, an entity must also first secure a franchise from Congress, and then apply for a Certificate of Public Convenience from the NTC before it can operate.
“Pending approval of its CPC, however, it can apply for a PA so it can start operating during the interim, Calida said.
“Hence, a PA should only be issued once a congressional franchise has been granted and an application for CPC is pending before the NTC for approval,” he said.
According to Calida, NTC could also not rely on the February 26 letter of Speaker Alan Cayetano and Rep. Pantaleon Alvarez or on Senate Resolution No. 344, which both urged the NTC to issue PAs to ABS-CBN Corporation and its affiliates, for the issuance of the PAs.
Based on a 2019 decision of the Supreme Court, he said the letter and the Senate resolution merely express the sentiment of the House committee and the Senate, and do not grant the NTC the power to issue PAs.
“These issuances cannot amend the current law requiring a congressional franchise for the operation of broadcasting networks. Not being separate laws themselves, they cannot amend or repeal prior laws,” Calida said.
He added the NTC cannot use the DOJ opinion as legal basis for the planned issuance, as, as early as 2003, the Supreme Court held invalid a 1991 DOJ opinion stating that the NTC may issue a permit or authorization without a legislative franchise.
The NTC, he said, is therefore not bound by the DOJ opinion.
Even then, he said contrary to the DOJ opinion, equity considerations do not justify granting PAs to ABS-CBN and its affiliates considering the clear mandate of the Constitution, laws, and decisions of the Supreme Court on the matter.
“Equity is only available when there is no law on a particular matter. Where the law is clear, as in this case, it must be obeyed,” he said.
ABS-CBN Convergence’s franchise expired on March 17, while ABS-CBN Corp.’s on May 4.
