NTC: Free speech, affected employee were considered

MANILA, Philippines — In ordering the closure of broadcast giant ABS-CBN, the National Telecommunications Commission (NTC) said it considered the issue of freedom of speech and expression as well as the number of employees that would be adversely affected by the decision.

In an interview on ANC yesterday, NTC deputy commissioner Edgardo Cabarios said there was no way he and the other commissioners could recall the shutdown order as the decision was reached “after so many days of discussions and taking into consideration the freedom of speech, freedom of expression, number of employees that will be affected and millions of TV viewers and listeners of ABS-CBN.”

“It’s a unanimous decision. It would perhaps be very difficult for the commission to reverse its order. The probability is quite low,” Cabarios said.

Asked if the NTC would lift the cease and desist order should the House of Representatives issue a resolution saying that ABS-CBN would be allowed to operate in the meantime while its franchise renewal application is being deliberated on, Cabarios said such decision would have to be carefully discussed by the commission.

“It has to be studied carefully by our legal staff. But in the meantime, the CDO stays,” he said.

Cabarios also said that NTC’s Memorandum Order No. 03-03-2020 dated March 18 and signed by NTC commissioner Gamaliel Cordoba does not apply to ABS-CBN since its franchise already expired.

“If you engage in radio television broadcasting, you apply for authority to install, operate and maintain radio broadcasting and television broadcasting in so many areas. What are the requirements? You have a valid congressional franchise,” he said.

“The authority is predicated on a valid franchise. If the franchise is expired, then the authority expires. And if you do not have the authority, then you cannot do broadcasting using these stations. If the franchise expires, authority automatically expires,” Cabarios said.

The NTC memorandum order states that all existing permits, certificates and licenses to operate radio communications equipment, networks and facilities issued by the NTC expiring within March 15 to April 14 or during the enhanced community quarantine period “shall continue to be valid 60 days after the end of the government imposed quarantine period.”

In a disclosure to the local bourse yesterday, ABS-CBN said it is committed and will continue to honor all existing obligations for goods delivered and services rendered by its third party suppliers. The company said it remains in a good financial position at present.

“We expect to pay all our bank debts in accordance with the existing payment schedule. In light of the NTC’s cease and desist order, the creditor banks have been apprised and are aware of the company’s situation,” it said.

Malacañang, meanwhile, said the shutdown of ABS-CBN does not mean there is a crackdown on free press under the Duterte administration.

“The Philippines, we assure our foreign friends and allies, continues to have a free and robust press where the critics and the political opposition remain vocal in their aversion to the current government,” presidential spokesman Harry Roque Jr. said yesterday.

Roque was reacting to a statement of State Department spokeswoman Morgan Ortagus voicing concern over the closure of the network giant.

He said the Palace shares “the view of the US State Department that an independent media is vital to democratic societies like the Philippines.”

“This stance has never wavered on the part of the President and his administration,” the Palace spokesman said.

“The issue of the granting of franchise is an independent prerogative of the legislative branch of the government, which – like the United States system – is separate and independent from the executive branch,” Roque said.

Since he assumed office, Duterte has been vocal against ABS-CBN, citing its alleged bias in reporting issues involving the administration. He also accused the network of not airing his campaign ads during the 2016 elections. - Christina Mendez