Says respect precisely for Congress prompted its decision
(Eagle News) — The National Telecommunications Commission has defended its move to issue a cease and desist order against ABSCBN Corp., noting it was precisely its respect for Congress that prompted it to issue the same.
In its letter to Speaker Alan Peter Cayetano and the House of Representatives’ committee on legislative franchises, the NTC noted that based on its months of study of legal arguments, the conclusion was that if it were to issue a provisional authority to operate to the media giant, notwithstanding equitable considerations, this “would have amounted to an encroachment into the exclusive domain of Congress” to grant or renew a franchise.
“We understand that the licensing power of the NTC may only arise from the necessary delegation of power from Congress through a law,”the NTC said.
Nonetheless, the commission apologized to the House, Cayetano, and the members and chair of the committee, for “failing to notify” them about its decision and for any “inconvenience” the issue may have caused.
“In any event, the NTC notes that these issues are already before the Supreme Court and is duty-bound to desist from resolving and/or acting on such issues that are already before the court,” the NTC said.
ABSCBN Corp.’s franchise expired on May 4.
The House of Representatives has approved on second reading a bill allowing ABS-CBN to operate under a provisional franchise valid until October 31, 2020.
Earlier, Solicitor General Jose Calida warned the NTC against issuing a provisional authority to operate to the media giant, noting there was nothing in the law that said this was allowed absent a congressional franchise.
