By Butch Fernandez and Jovee Marie N. dela Cruz
SENATORS are moving to extend the expiring 25-year franchise of ABS-CBN Corp. due to lapse on March 30, ahead of the next adjournment of Congress scheduled on March 14.
Sen. Grace L. Poe, who chairs the franchise-granting Senate Committee on Public Services, said on Monday that Congress can extend ABS-CBN’s permit to operate while the lawmakers are still considering the pending franchise.
Acting to allay concerns triggered by the “uncertainties on the fate of the network” when its franchise expires next month, Senate Minority Leader Franklin M. Drilon filed Joint Resolution 11 to extend the ABS-CBN franchise up to December 31, 2022, saying “both Houses of Congress need more time to review the application for renewal of the network’s franchise.”
In filing the resolution, the minority leader asserted that the lawmakers need to assess and determine whether or not ABS-CBN Corp. shall be granted the renewal of its franchise, noting that “there are only 12 session days left before the next adjournment of Congress scheduled on March 14, 2020.”
Drilon declared that extending the validity of the franchise of ABS-CBN until December 31, 2022, will “give Congress enough time to study the various bills seeking the renewal of the franchise granted to the network.”
The senator added: “On March 30, 2020, more than 11,000 families will go home jobless and millions of viewers will be affected if we do not act on this resolution immediately, I therefore urge for the immediate passage of this resolution.”
Under Republic Act 7966, enacted into law on March 30, 1995, the ABS-CBN Corp. was granted a franchise “to construct, operate and maintain, for commercial purposes and in the public interest, television, and radio broadcasting stations in and throughout the country. The term of the franchise is for 25 years, which is set to expire on March 30, 2020.”
Drilon’s proposed Joint Resolution 11 also noted that at least 12 related bills filed in the House of Representatives “seeking to renew the franchise” of ABS-CBN Corp. remain pending in the House Committee on Legislative Franchises.
He recalled that last February 10, or about 50 days before the ABS-CBN franchise expires, the Office of the Solicitor General filed a quo warranto petition at the Supreme Court to forfeit the legislative franchise of ABS-CBN Corp. and its subsidiary, ABS-CBN Convergence, for alleged violations of the terms and conditions of its franchise.
The resolution also cited Senate Resolution 322, filed by Poe, seeking to inquire, in aid of legislation, into the operations of ABS-CBN Broadcasting Corp. to determine compliance with the terms and conditions of its franchise.
Drilon, a former Secretary of Justice, affirmed “it is the Congress, not the Supreme Court, that has jurisdiction to review compliance by ABS-CBN of the terms of the franchise granted by Congress, especially that there are pending bills seeking to renew its franchise.”
However, Senate President Vicente Sotto III clarified that while Poe can conduct Public Services Committee hearings on the ABS-CBN franchise there’s need to tread with caution to avoid concerns aired by Senator Panfilo Lacson over the “sub judice issue.”
Sotto added, “The Committee can proceed to hold a hearing, that is allowed. But the issue that Senator Lacson is apprehensive about, the issue on sub judice, because of the quo warranto, might not be a problem as long as it’s in aid of legislation.”
The Senate leader noted, however, that “if Senator Poe wants to hold a hearing on her Resolution to look into the allegations against ABS-CBN, it is part of the mandate of her committee, that is okay. It does not have anything to do with the franchise, approval or disapproval.”
For her part, Poe said she has yet to hear from the Senate leadership if a caucus would be called to discuss the matter.
“Wala namang sinasabi ang liderato ng Senado na kailangang magpulong. Meron ibang caucus pero hindi tungkol sa committee ko [The Senate leadership has not mentioned the need to hold a caucus. There is a scheduled caucus but it is not related to my committee],” Poe said in a separate interview, adding that in her view, her colleagues would respect the prerogative of the committee chair.
‘Illusory remedy’
Albay Rep. Edcel Lagman on Monday said the National Telecommunications Commission (NTC) cannot “resurrect” an expired legislative franchise by granting media giant ABS-CBN a “provisional authority to operate.”
In an interview, Lagman said congressional leaders are vainly pushing a “dubious empty bag” to ABS-CBN.
“Only holders of a valid, existing and/or renewed franchise can apply with the NTC for a certificate of public convenience and necessity [CPCN],” said Lagman.
“Instead of giving ABS-CBN an illusory remedy, the House of Representatives must expedite the renewal of ABS-CBN’s franchise which has long been pending in the House committee on legislative franchises,” he added.
Earlier, House leaders said ABS-CBN may continue to operate until 2022 while bills extending its franchise are pending.
“The opinion that a franchisee can continue its operations as long as it has a pending application for renewal and the current Congress has not adjourned sine die is based on an alleged practice which can be challenged in court because it is not validated by jurisprudence, said Lagman.
According to Lagman, Section 16 of RA 7925 or the “Public Telecommunications Policy Act of the Philippines” unequivocally provides that “no person shall commence or conduct the business of being a public telecommunications entity without first obtaining a franchise.”
Lagman also said the law further provides that “a CPCN expiring at the same time as a franchise shall be deemed to have been renewed for the same term if the franchise itself is also renewed or extended.”
“An existing, valid and/or renewed franchise is a condition precedent for the grantee to secure from the NTC the necessary permits and licenses,” he said. Last Friday, House Speaker Alan Peter Cayetano said the renewal of ABS-CBN franchise must be discussed “soberly and very reasonably” by lawmakers, “possibly” in May.