By Joseph B.A. Marzan
The House of Representatives on May 13, 2020 approved on second reading House Bill (HB) No. 6732, which grants ABS-CBN Corporation a temporary legislative franchise so it may be able to operate until October 31, 2020.
ABS-CBN’s franchise via Republic Act (RA) No. 7966 expired on May 4, 2020, prompting the National Telecommunications Communication (NTC) to issue a Cease-and-Desist Order (CDO) against the network on May 5.
As a result, the Lopez-led network was forced to shut down operations of all of its free-to-air television channels and radio stations nationwide.
HB No. 6732 was filed by House Speaker Alan Peter Cayetano on May 13 when the House was convened as a Committee of the Whole.
Cayetano is also the bill’s principal author, along with Representatives Aurelio Gonzales (Pampanga 3rd), Raneo Abu (Batangas 2nd), Roberto Puno (Antipolo City 1st), Luis Raymund Villafuerte (Camarines Sur 2nd), Ferdinand Martin Romualdez (Leyte 1st), and Jose Antonio Sy-Alvarado (Bulacan 1st).
The Committee of the Whole passed the bill on the same day.
The explanatory of the Bill stated that the authors hoped to address the issue immediately so it can move on to tackle more urgent matters such as the coronavirus disease 2019 (COVID-19).
“Through this measure, we hope to strike a balance between the immediate needs of the people amid this crisis and the duty of Congress to ensure accountability to our present laws,” it said.
The bill also stated that the provisional franchise will be able to “give both the House of Representatives and the Senate [time] to hear the issues being raised for and against the renewal, and assess, with complete impartiality and fairness, whether or not the network shall be granted a franchise for another 25 years.”
ABS-CBN already answered accusations against its ownership, tax payments, and alleged election offenses during a Senate hearing in February of this year.
Section 3 of the bill also noted that the NTC from unreasonably “withholding or delaying” the grant of any permit and license which shall authorize the network’s operations.
Section 4 mandates the network to provide “public service time”, or ten percent of paid commercials or advertisements to be allocated based on need by the government.
Section 5 gives President Rodrigo Duterte the right to take over the network’s operations “in times of war, rebellion, public peril, calamity, emergency, disaster or disturbance of peace and order.”
The bill justified the president’s special power by noting that the “radio spectrum”, or the frequency to be used by the network, is a “finite resource that is part of the national patrimony”.
The bill will still be deliberated on third and final reading on Monday, May 18.
DELIBERATIONS
During the Committee of the Whole’s hearing, Cayetano addressed the issues being thrown against Congress over delays in deliberating ABS-CBN’s franchise in the Committee on Legislative Franchises.
The Speaker slammed the NTC for the reversal of its ‘commitment’ to the House that it will grant provisional authority to the network upon expiry of its franchise.
“If only NTC said to us at the outset they wouldn’t give provisional authority to ABS-CBN, we wouldn’t have relied on their word,” Cayetano said.
He said that upon the approval of the bill by the House, the network will be given a chance to be heard at a proper forum.
“There will be no rush judgment. Both the praise for and the charges against the network will be heard and will be put on public record. Whatever the outcome of these hearings will be, there will be reforms. There must be, not just a new, but a better normal. Not only for ABS-CBN, but for the entire media industry,” he said.
During the plenary session, the House approved an amendment introduced by Magsasaka Partylist Rep. Argel Joseph Cabatbat that the provisional franchise shall be immediately effective after publication in the Official Gazette and two newspapers of general circulation.
SENATE
The Senate also began its process of tackling the franchise, having referred two provisional franchise bills – Senate Bill (SB) Nos. 981 and 1521 – to the Senate Committee on Public Services.
Zubiri said they already lack the material time, as the Senate will go into recess in three weeks.
“We lack material time. We only have 3 weeks left. If we transfer it tonight, technically we can schedule a meeting on Tuesday or Wednesday,” Zubiri said.
Senate President Vicente Sotto III, however, expressed his concern over the swift moves by both Houses of Congress.
“We should be cautious in such matters that [the House] ‘fastbroke’ it in a day, without amendments, without interpellations. I’m afraid that when Monday comes the members of the House of Representatives who are not present today will question it, somebody might bring it up to the courts,” Sotto said.
Committee on Public Services Chairperson Senator Grace Poe-Llamazares has inhibited herself from spearheading the deliberations, citing her mother, Susan Roces, who is one of the actors on ABS-CBN’s primetime drama Ang Probinsyano.
The deliberations will be spearheaded by the committee’s vice-chairperson, Senator Sherwin Gatchalian.
