SolGen, Gadon block provisional authority for ABS-CBN operations

Solicitor General Jose S. Calida warned the National Telecommunications (NTC) Commission against granting ABS-CBN Corporation and its subsidiaries provisional authority to operate. 

He said NTC commissioners risk prosecution under the Anti-Graft and Corrupt Practices Act for issuing unlawful provisional authorities to broadcast companies.

Calida stressed that broadcast companies may operate only if a franchise is issued by Congress. He also said no law exists allowing the NTC or any other agency to grant authority to operate while waiting for a franchise to be issued.

Calida declared as invalid a 1991 Department of Justice (DOJ) opinion that the NTC may issue a provisional license for broadcast operations. 

Lawyer Larry Gadon on the same day petitioned the Supreme Court to issue a temporary restraining order against NTC’s provisional authority for ABS-CBN on the same grounds. 

Bayan Muna Representative Carlos Isagani Zarate slammed Calida’s statement, pointing out that “it only shows his severe aversion for press freedom as he even timed such a threat on World Press Freedom Day. "

Zarate supports the granting of a provisional authority to ABS-CBN, noting that NTC has legal and historical grounds for doing so. 

Last February, the House Committee on Legislative Franchises led by Speaker Alan Peter Cayetano and Palawan Representative Franz Alvarez asked the NTC to allow ABS-CBN to operate while waiting for a new congressional franchise. 

NTC released a memorandum order last March 16 allowing broadcasting companies that have expiring permits to operate for 60 days after the lifting of the extended community quarantine (ECQ) on May 15. 

ABS-CBN Corporation’s franchise expires on May 4.

Last February, Calida filed a quo warranto petition to block the franchise renewal of ABS-CBN. He also filed a motion to stop the station from commenting about it. Both are still pending.