By: Modesto P. Sa-onoy
The franchise of the television giant ABS-CBN will expire on March 30 this year. It has completed its privilege to broadcast after it was granted a 25-year term by law, Republic Act No. 7966. Unlike newspapers and magazines, broadcasting companies as radio and television stations and networks must secure the privilege to make use of the airwaves which are part of the public domain and therefore needed to be licensed. Franchises of this nature thus must have congressional approval.
Early last month, President Rodrigo Duterte disclosed his intention not to renew the ABS-CBN franchise. He accused them of “swindling” him. He was visibly irked by the way the television company used the franchise. It came at the time when he was also threatening to cancel the concessions of the two largest water suppliers of Metro Manila.
Speculations are that he wanted to remove government privileges from the economic oligarchs that had exerted tremendous influence in the governance of this country. He did not only threaten the cancellation of their contracts but also to send them to jail.
The case of ABS-CBN is different because the president’s action was perceived as intruding or violating the freedom of the press. That kind of attack appeals to the masses but is anathema to social and political activists. Curiously we have not noticed any unnatural negative reaction to the intentions of the president. Perhaps the reason is that there are other television stations that the absence of ABS-CBN would not matter to the wider audiences, except maybe the loss of their favorite entertainment shows.
There is a belief that the ABS-CBN franchise may not be renewed because the president controls the House of Representatives and most congressmen might just not act on bills granting the television network another 25 years of operation. Without appearing anti-press freedom all that the legislators can do is move slowly until time will solve the problem for them.
In fact, some congressmen (eleven of them as of last week) are already concerned with time that they called on the House Committee on Legislative Franchises to act with haste the consideration of several bills proposing the extension of ABS-CBN franchise. The committee had not even started to consolidate the several bills much less call for a committee hearing before it went into recess for the Christmas season.
The congressmen in favor of the extension said in a resolution that “all of the bills for the grant of another franchise to the television company have not been acted upon by the committee on legislative franchises and no single hearing has been held on these bills before Congress went on Christmas recess possibly due to President Rodrigo Duterte’s objection to subject renewal”. The inaction of the congressmen already indicates the fate of the bills.
Granting that action will take place, will the House be able to act on these bills considering the time available? There are only 24 regular sessions when Congress resumes on January 20 to its Lenten adjournment and then the recess for the Lenten season on April 14. The ABS-CBN time is thus much shorter and the chance of the President calling for a special session just to get the bill go through the gauntlet is a pipe dream.
We must consider that both Houses of Congress must pass the bill. I think it will have smooth sailing in the Senate, but the House can just dribble and let time solve their dilemma.
So far, the bills have bipartisan support, including major supporters of the President. But how many will stand firm against the clear intent of the President?
Granting that both Houses of Congress will move fast, the proposed bill will still need the president’s approval. Chances are he will veto the bill and by then the franchise of the television network shall have expired.
Duterte, however, has repeatedly criticized the broadcasting network and stated that he is determined to block the renewal of its franchise. He even suggested that it is better for the Lopez family that controls ABS-CBN to just sell it.
It seems that the television company is a collateral victim and unfortunately, it came at the time when it needed the government for it to continue its operation.
What action will the company take? This will be an interesting issue – will it involve press freedom?
