ABS-CBN Bids Goodbye Today

I just witnessed the signing off message of ABS-CBN on the screen today. It was very sad because I have so many memories with the network, the programs I used to watch when I was young, the news that made me want to be a newscaster and a journalist, and even the stories of different people. Their final goodbye was made possible based on the cease and desist order issued by the National Telecommunications Commission (NTC) on May 5, the government’s regulatory body that issues permits and licenses to television networks which are granted a franchise by Congress. And because that is the law, then it was done so. 

It is just so heartbreaking that in today's situation, where we need information the most, we cannot watch “TV Patrol” every 6pm to hear the latest news about the current pandemic, or watch Vice Ganda and his crazy antics. My brother even complained that he wouldn't be able to know how Coco Martin's "Ang Probinsyano" will eventually end. 

Under the NTC order, the giant network’s five radio stations, including DZMM, will be shut down because there’s no Congress-approved franchise to allow these stations to continue. This also applies to 18 FM radio stations and over 50 national and local television stations owned and operated by ABS-CBN across the country.

So how did this happen? Just a few months ago, they were saying that the network did not violate any laws. They even said that there is no ongoing complaint or investigation against the network. The last time I checked, it’s because of the lack of franchise to operate a television network. Under Republic Act No. 3846, all broadcasting stations—TV or radio—need to obtain a franchise from Congress before they are allowed to operate. In this case, ABS-CBN’s license to operate lapsed without being renewed by Congress.

So what’s the NTC got to do with it?

Under the same law, recipients of a franchise from Congress must secure a permit or a license from the NTC in order to operate. It may sound a redundant process, but it’s the law unless repealed by the very people who created it—the congressmen.

Respected legal luminaries have opined in the past that the NTC cannot issue a provisional authority to allow any TV station to operate without a franchise approved by Congress. A franchise is a requirement and cannot be substituted with a provisional authority.

Why it took Congress to conduct a hearing and tackle the franchise renewal of ABS-CBN is not exactly a mystery. No less than the House leadership said that it was too busy to discuss it. This was followed by a tirade and litany of mundane complaints coming politicians, who by the way, engaged the endorsements of A-list stars from the same television station.

With all this, inconsultation with the Justice Secretary, they said that ABS-CBN may still continue to operate even after its franchise expires on May 4. So what happened now? 

The House leadership instead issue a letter, yes, a mere letter instead of a franchise, to the NTC ordering it to grant a provisional authority that will allow ABS-CBN to continue its operation pending approval of a new franchise by Congress. And based on this letter—signed by the House Speaker and the committee chairman—it should be okay. Life should go on for ABS-CBN which employs 11,000 workers.

Again, between the issuance of that letter, Congress has not moved an inch to convene a committee hearing for the ABS-CBN franchise renewal. It never did until COVID-19 came and turned our universe upside down.

So if someone asks you why you won't be able to see your favorite stars perform on TV anymore, you better ask what the Congress did... or did not do.