ABS-CBN: A charter franchise issue

At this point everyone already knows the big breaking news in the country that the National Telecommunications Commission (NTC) ordered ABS-CBN shut down some of its TV and radio operations, after its legislative franchise expired. Hours after the network received the order, ABS-CBN ceased broadcasting after airing TV Patrol, its premiere news program on its free channel.

But its online portals for news, entertainment and sports portals are still accessible. Its YouTube channels, for entertainment and news, are also still up. It also said that iWant, its video streaming service and application, still delivers content online. Cable news channels like SkyCable and ANC are still airing, “as the NTC order does not cover cable news channels.” At least MyTV channel 30 is still up on the air as we are not part of this closure.

Since this report from the NTC was received yesterday evening, naturally the social media networks went on overdrive with all sorts of comments ranging from press freedom to the issue of politics by the media and, yes, including the issue of franchises. My take on this is the issue of franchises. I mean why did the 1987 Constitution allow the media networks to secure franchises from Congress when we know too well that Congress would use this power to get something out of giving a franchise to a media network?

While we support the continued operation of ABS-CBN, we also support the reason why the NTC issued a cease and desist order to ABS-CBN for the simple reason that companies that operate because of an existing franchise have to shut down when their franchise ends. So NTC only had to follow the laws of the land.

The root problem that we face today is the issue on why media networks have to apply for a franchise from Congress. Media is apparently lumped together with bus, taxicab or jeepney operators, and other businesses that cannot operate without a franchise. So this issue brings us to the more important question on the need for constitutional reform. Media networks should no longer be required to apply for a congressional franchise like airline, shipping or bus and taxi operations.

To be perfectly honest, when I read comments in Facebook that this is an issue about press freedom, in which a dictator supposedly shut down a media outlet, it only gives you an idea of how the anti-Duterte people think. Some even question why this issue has been raised at the wrong time when we are suffering from COVID-19? Truth to tell, this has nothing to do with COVID-19. If there is any group that should accept the blame for this happening today, it is the House of Representatives. Congress failed to give ABS-CBN an extension, which is its prerogative.

Here is a clear example of a group that totally fails to understand this issue. This was a statement of the Foreign Correspondents Association of the Philippines (FOCAP) that said:

“As the Philippines reels from the fallout of the coronavirus pandemic, ABS-CBN’s critical eye is needed now more than ever to help inform the public. ABS-CBN's indefatigable journalists have fully embraced their role to provide the public with vital information on the pandemic despite risks to their health and safety.

“The move is clearly a case of political harassment against a pillar of Philippine democracy that employs thousands of Filipinos whose livelihoods are now at risk with the order. The order runs counter to weeks of seeming assurance from lawmakers and Justice Secretary Menardo Guevarra that a provisional license approved either by the NTC or by Congress would allow ABS-CBN to air. It follows a warning, on World Press Freedom Day no less, by the government’s top lawyer, Jose Calida, of graft charges should the NTC go through with issuing a temporary broadcast permit.

“We urge Congress to independently act on pending measures seeking to renew ABS-CBN's franchise. Our lawmakers must tackle these measures as soon as possible, and uphold the freedom of the press that the 1987 Constitution guarantees.  FOCAP was founded in 1974 to safeguard press freedom. We stand with ABS-CBN. We stand with press freedom.”

At this point, bringing this issue to the Supreme Court can’t help ABS-CBN as they will just say that the NTC did what it was authorized to do. I suggest to get into the bottom of this mess by calling for charter changes and remove the requirement for media outlets to secure a franchise to operate from Congress. When that is done, then this problem is permanently solved.

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