Cease and desist order also issued vs ABSCBN subsidiary Sky Cable Corp.
order directing ABSCBN Corp. to cease and desist from operating its digital TV transmission in Metro Manila using Channel 43.
(Eagle News)–The National Telecommunications Commission has ordered ABSCBN Corp. to immediately cease and desist from operating its digital transmission in Metro Manila using Channel 43, and Sky Cable Corporation, an ABSCBN subsidiary, its direct broadcast satellite service.
In issuing the order against Channel 43, the NTC noted that the May 5 cease and desist order it issued against ABSCBN Corp. following the expiration of its legislative franchise on May 4 covered radio and television stations the commission had granted authorization to operate.
The NTC noted that on May 14, 2019, it gave the media giant the “authority” to convert its analog TV service in Metro Manila (Channel 2) to Digital Terrestrial Television using Channel 43.
” Hence, order dated May 5,2020 necessarily includes DTT transmission in Metro Manila using Channel 43..,” the NTC said.
“In view thereof, upon receipt of this order, ABSCBN Corporation is directed to immediately cease and desist from operating digital TV transmission in Metro Manila using Channel 43,” the NTC added.
Sky Cable Corp.
In ordering Sky Cable Corp. to cease and desist from operating its direct broadcast satellite service, the NTC noted its legislative franchise, or RA No. 7969, had expired on May 4.
It said Skycable Corp. had entered into a transponder lease agreement with New Skies Satellites B.V. for the lease of the satellite capacity of Skycable for the operation of its DBS service, and was therefore assigned specific radio frequencies.
The NTC noted that Act No. 3846 or the Radio Control Law, as amended, however, provides that “no person, firm, company, association or corporation shall construct, install, establish or operate a radio transmitting station or a radio receiving station used for commercial purposes or a radio broadcasting station without first having obtained a franchise therefore from the Congress of the Philippines.”
“Upon the expiration of RA No. 7969, Skycable no longer has a valid and subsisting congressional franchise to install, operate and maintain a direct broadcast satellite service,” the NTC concluded.
The NTC also ordered Sky Cable Corp. to refund to all its subscribers amounts representing “unconsumed prepaid loads, deposits on subscriber equipment and devices,.deposit or advance payment in monthly charges for postpaid subscribers if any, charges collected from new applicants, and other charges collected..as may be applicable.”