Cable TV group to challenge NTC ruling

The Philippine Cable Television Association (PCTA) is set to file a case challenging the validity of a ruling of the National Telecommunications Commission (NTC) which now made it mandatory on all cable TV companies to first seek NTC approval before changing channel assignments of TV stations.

PCTA president Manuel Dabao told The STAR that they are now consulting their lawyers on the specific relief that they will seek as well as where they will file their complaint.

PCTA has some 380 member companies, which include the biggest cable TV companies in Metro Manila as well as mostly small operators in the provinces.

The NTC last April 25 issued a ruling involving two cases: one filed by the Kapisanan ng mga Brodkaster ng Pilipinas (KBP) in 1998 and another filed by GMA Network Inc. filed just last February both assailing the transfer of channel assignments of UHF and VHF channels respectively.

VHF channels include the free-to-air channels 2, 4, 5, 7, 9, and 13 which used to be aired over cable channels 6, 8, 10, 12, 14, and 16. GMA claimed that the Lopez-owned Sky Cable as well as Philippine Home Cable Inc. arbitrarily changed their channel assignment from Channel 12 to 14 without prior notice, sowing confusion among television viewers and degrading and distorting GMA’s signal. 

In its April 25 ruling, the NTC ordered SkyCable and all other cable TV companies concerned to return to the original channel assignments. It, likewise, said that any future changes will need NTC approval as well as prior notice to the public and the TV stations concerned.

Dabao said in an interview that they have nothing against NTC settling the dispute between GMA Network and SkyCable. "But in this case, there was no prior public consultation by the NTC and the decision appears to have been arrived at in haste. This, despite the fact that NTC made the decision binding an all cable TV companies," he emphasized.

He added that there was nothing in NTC memorandum circular 4-08-88 referred to in the commission’s recent decision which provides that cable TV companies need prior approval from government before they can rechannel.

Dabao also questioned GMA Network’s basis for claiming that the rechannelling by SkyCable was deliberately done to affect GMA’s signals. "There is no reason why Sky Cable would agree, even if the Lopezes also own GMA’s rival network ABS-CBN. It is not sound business policy. If Sky Cable loses subscribers who are loyal to GMA, will ABS-CBN reimburse? All cable companies are subscription-based. That is why we make sure that all signals are delivered properly," he said.