(Eagle News) – A top official of the National Telecommunications Commission (NTC) said that the NTC had no other legal option but to issue a cease and desist order against ABS-CBN since it was operating under an expired franchise as of May 5, 2020.
NTC Deputy Commissioner Edgardo Cabarios said their legal staff had studied all the options available to the NTC in the absence of a legislative franchise from Congress for the media network,
While he said, the NTC sympathizes with the workers of the ABS-CBN who had to stop work because of the CDO issued by NTC, the commission had no other option.
In an interview with NET25’s Agila Balita 12 noon news, Cabarios explained that the NTC can not also issue a provisional authority at a time that a media network’s franchise has already expired.
“Any authority should be predicated on a valid congressional franchise. Hindi puedeng Congressional resolution lang,” Cabarios said referring to the resolution by both the House of Representatives and the Senate urging the NTC to issue a provisional authority for ABS-CBN last March 10.
Cabarios said that the NTC would be charged with dereliction of duty if it would not do anything after the expiration of ABS-CBN’s legislative franchise last May 4.
-CDO decision was difficult but unanimous, says Cabarios-
He said that the NTC had to make a difficult decision on Tuesday, May 5, a day after the ABS-CBN’s legislative franchise expired.
The decision, he said, was unanimous after the meeting with the legal division and all the other NTC commissioners.
“The only option available as explained by our legal staff, and deliberated yesterday morning, unanimous ang commission na mag-issue ng cease and desist order. We sympathize with the people of ABS CBN. As I’ve said, we have no other option but to render a decision on the issue,” he explained.
He said that if the NTC will be cited in contempt by lawmakers, the commission is ready to answer and defend their decision.
Cabarios said that the NTC cannot issue the authority or license for ABS-CBN to operate if it has no congressional franchise to begin with.
“Ang bola originally nasa Kongreso. Sila ang dapat magbigay ng prangkisa. ANg pag-grant ng franchise is a congressional prerogative,” he said.
He said that both houses of Congress should pass the bill granting legislative franchise to ABS-CBN, as the NTC has no power to grant a provisional authority after the franchise has lapsed and without an extension on the franchise given by Congress.
-ABS-CBN can resume operations with TRO from SC-
He advised ABS CBN to secure a temporary restraining order from the Supreme Court (SC) that would prevent the NTC from implementing its CDO.
“Merong isang legal option ay yung TRO sa SC, if ma-secure nila yun (if they can secure that), they can resume operations,” Cabarios said.
(Eagle News Service)