Senate hearing on ABS-CBN franchise set on February 27

MANILA, Philippines — The Senate has set the first public hearing on the renewal of the franchise of broadcasting network ABS-CBN on Feb. 27, ahead of the transmission of a counterpart bill from the House of Representatives, Senate Majority Leader Juan Miguel Zubiri said yesterday.

The hearing will be led by the Senate committee on public services, chaired by Sen. Grace Poe.

Pending discussion of the ABS-CBN franchise, Poe said traditionally, the National Telecommunications Commission (NTC) can issue a provisional franchise, just like what happened in the cases of giant telecommunications companies Smart and Globe.

“If I’m not mistaken, all of them, their franchises had lapsed while bills had been filed and pending before Congress, that’s why the NTC extended them, or NTC was silent about it,” she said.

The senator, however, encouraged Congress to put in writing the provisional permit of ABS-CBN.

“There are certain controversies involved here, I think, that it would be prudent for us, particularly Congress, to put in writing exactly the request to extend the validity of the license to operate while their franchise is still pending in Congress,” she said.

Poe expressed concern on the plight of the 11,000 employees of ABS-CBN if the network’s franchise is not renewed, preventing its continuous operations.

“That will be very problematic because when your franchise is cancelled, my understanding is, particularly for media, you can’t broadcast anything anymore with that frequency. So what does that mean? Blackout. On March 30 (the franchise’s expiry date), about 11,000 people will have to walk out from their jobs,” she said.

“I’m not saying that ABS-CBN is the primary source of news, it’s not that. It doesn’t mean that freedom of expression is absolutely removed, but it can also send a message that somehow, in certain cases, other media outlets might be a little bit worried about their own situation without going into details of the complaint of the quo warranto,” she added.

A month before ABS-CBN’s franchise expires, Solicitor General Jose Callida filed a quo warranto before the Supreme Court anchored on alleged violations.

Some senators maintained that the issue on franchise is the sole mandate of Congress.

Senate Minority Leader Franklin Drilon yesterday filed a joint resolution that seeks to extend the franchise of ABS-CBN up to the end of 2022, citing the need for more time for both houses of Congress to review the application for renewal of the network’s franchise.

Poe clarified that the Senate respects the mandate and authority of the House of Representatives, from where franchise bills should emanate.

She, however, said that as part of the oversight functions of the Senate, it is necessary to determine whether ABS-CBN’s franchise should be renewed or not.

Poe also said that the Senate is allowed to conduct hearings simultaneously with the House similar to the practices on the General Appropriations Bill and bills on taxes.

She, however, noted that her committee would hold the release of its report until the House submits its version to the Senate.

The senator also expressed hope that the House will immediately act on the ABS-CBN franchise before the Senate goes on recess on March 12.

Meanwhile, about 91 House members yesterday signed Resolution 639 that calls for the transfer of at least eight pending bills on the franchise renewal of broadcasting network ABS-CBN from the committee on legislative franchises to the plenary.

Albay Rep. Edcel Lagman spearheaded the move, along with some militant lawmakers and senior House officials, among them Reps. Doy Leachon of Oriental Mindoro, Johnny Pimentel (Surigao del Sur), Kit Belmonte (Quezon City) and Joy Tambunting (Parañaque).

The resolution wants Palawan Rep. Franz Alvarez, chairman of the committee on legislative franchises, to “report out without further delay for plenary action a consolidated version of eight pending bills” for the renewal of ABS-CBN’s 25-year franchise.

‘No franchise, no operation’

There is no way that the NTC can issue a provisional franchise for ABS-CBN for as long as the House of Representatives did not grant a renewal of its legislative franchise, a veteran legislator clarified yesterday.

“The settled rule is no franchise, no operation,” Lagman said, citing as basis Section 16 of Republic Act 7925 or the Public Telecommunications Policy Act, which categorically states that broadcast stations must first secure a franchise before the NTC can act.

“It unequivocally provides that ‘no person shall commence or conduct the business of being a public telecommunications entity without first obtaining a franchise’,” he added, as he described such propositions (NTC provisional authority) as an “illusory remedy.”

“The NTC on its own cannot resurrect an expired legislative franchise by granting a former grantee provisional authority to operate. Only holders of a valid, existing and/or renewed franchise can apply with the NTC for a certificate of public convenience and necessity.”

Lagman then suggested that the House committee on legislative franchises under Alvarez commence and “expedite” its hearings on at least eight ABS-CBN bills pending in his committee.

Meanwhile, three more citizen groups have lent their voices to the growing chorus of objections to government’s alleged crackdown on ABS-CBN, condemning it on socio-economic, political and legal grounds.

In separate statements, Bantay Konsyumer, Kuryente, Kalsada; CitizenWatch Philippines and Democracy Watch Philippines assailed Calida’s quo warranto petition against ABS-CBN. – With Delon Porcalla