IS THIS THE END FOR ABS-CBN?
I’m sure that you’re shocked to find out the cease and desist order issued by the National Telecommunications Commission (NTC) today, May 5. It’s the government’s regulatory body that issues permits and licenses to television networks which are granted a franchise by Congress.
During this ECQ, one of our past time is watching our favorite TV programs. It’s actually best time to watch the re-runs of ABS-CBN’s high rating telenovelas. Unfortunately, we were surprised by the NTC’s recent announcement.
So for the meantime, you won’t be hearing Ted Failon, Noli De Castro, Bernadette “Ate B” Sembrano on you regular news programming “TV Patrol” every 6pm to hear the latest news, especially at this time when the COVID-19 pandemic is raging across the country and the world. No more reruns of box-office hits like “Be Careful With My Heart” “May Bukas Pa” that have become our refuge and comfort while stuck in the house because of the lockdown in the absence of Cardo Dalisay, Coco Martin’s character in the long-running remake of FPJ’s “Ang Probinsyano”.
Under the NTC order, the giant network’s five radio stations, including DZMM, will be shut down because there’s no Congress-approved franchise to allow these stations to continue. This also applies to 18 FM radio stations and over 50 national and local television stations owned and operated by ABS-CBN across the country.
How did this happen? How come your lola can no longer watch “Umagang Kay Ganda” as she sips her coffee early in the morning? Or laugh at the funny trio of Karla Estrada, Jolina Magdangal and Melai Cantiveros as they share their experiences in life in “Magandang Buhay”?
The last time I checked, it’s because of the lack of franchise to operate a television network. Under Republic Act No. 3846, all broadcasting stations—TV or radio—need to obtain a franchise from Congress before they are allowed to operate. In this case, ABS-CBN’s license to operate lapsed without being renewed by Congress.
So what’s the NTC got to do with it?
Under the same law, recipients of a franchise from Congress must secure a permit or a license from the NTC in order to operate. It may sound a redundant process, but it’s the law unless repealed by the very people who created it—the congressmen.
Respected legal luminaries have opined in the past that the NTC cannot issue a provisional authority to allow any TV station to operate without a franchise approved by Congress. A franchise is a requirement and cannot be substituted with a provisional authority.
Why it took Congress to conduct a hearing and tackle the franchise renewal of ABS-CBN is not exactly a mystery. No less than the House leadership said that it was too busy to discuss it. This was followed by a tirade and litany of mundane complaints coming politicians, who by the way, engaged the endorsements of A-list stars from the same television station.
And this went on for quite some time, letting precious days and nights to slip by only to flip-flop in the end with the promise, err, assurance rather, that it will not shut down the country’s biggest television network.
The House leadership instead issue a letter, yes, a mere letter instead of a franchise, to the NTC ordering it to grant a provisional authority that will allow ABS-CBN to continue its operation pending approval of a new franchise by Congress. And based on this letter—signed by the House Speaker and the committee chairman—it should be okay. Life should go on for ABS-CBN which employs 11,000 workers.
Again, between the issuance of that letter, Congress has not moved an inch to convene a committee hearing for the ABS-CBN franchise renewal. It never did until COVID-19 came and turned our universe upside down.
Why you won’t be seeing Vice Ganda, Coco Martin, Piolo Pascual, Liza Soberano, Kathryn Bernardo, Jodi Sta. Maria, Judy Ann Santos, or Regine Velasquez or Alex Gonzaga or Lola Flora played by Susan Roces, you better ask Congress. #
