The National Telecommunications Commission (NTC) on Wednesday bared seeking Supreme Court affirmation of its stance on businessman Mel Velarde’s News and Entertainment Network Corporation’s (Newsnet) continued operations after the appellate court insisted on enforcing an allegedly inoperative Anti-Red Tape Authority (ARTA) ruling.
“The Court of Appeals (CA) decision is not final and the NTC will elevate this case to the SC,” the NTC said in a statement following reports that its motion for reconsideration had been denied on 28 March this year.
The NTC, which has not received a copy of the CA resolution, maintained that the mandamus could no longer be enforced after ARTA eventually reversed its 12 February 2022 decision directing the Commission to automatically approve Newsnet’s application to install, operate and maintain a local multi-point distribution system (LMDS).
An LMDS will enable Newsnet to deliver interactive pay television and multimedia services nationwide in the 25.35GHz-26.35GHz frequency band.
The ARTA, in a resolution dated 17 June 2022 recalled a previous decision favoring Newsnet which was subsequently upheld by the Office of the President.
“The [ARTA] has already reversed itself so there is no ARTA decision that can be subject of mandamus,” the NTC said.
It added: “On 31 March 2023, the Office of the President (OP) affirmed ARTA’s action, saying ‘Thus, ARTA’s vacating of its orders were in the nature of executing of or complying with the DOJ (Department of Justice) ruling that it did not possess the power to issue its 12 February 2020 order. For having been issued in excess of its powers, the 12 February 2020 order never became final and were properly vacated.’”
The OP dismissed Newsnet’s appeal to reverse the ARTA order nullifying its earlier ruling on the ‘automatic approval” of Newsnet’s application.
The OP held that ARTA had no jurisdiction over the assignment of frequencies, the recall of its 12 February 2020 order was only proper having been rendered without jurisdiction, and the expiration of Newsnet’s franchise rendered its application moot.
The NTC also insisted that Newsnet could no longer be allowed to operate and be assigned a radio frequency after its legislative franchise expired in August 2021.
“The Supreme Court, in a long line of decisions, which includes Divinagracia v. Consolidated Broadcasting System & People’s Broadcasting Service, Inc. and Associated Communications and Wireless Services United Broadcasting Networks v. NTC, has put to rest the ‘no franchise, no operations’ doctrine for broadcast companies which include [Newsnet] which will use radio frequencies in its [LMDS] operations,” the NTC said.
“The latest SC decision in point is ABS-CBN Corporation v. National Telecommunications Commission,” it added.
The regulatory body, in a decision dated 18 May 2022 in NTC Case 2021-175, already made permanent the cease and desist order against Newsnet.
In the same ruling, the NTC had already recalled all of Newsnet’s frequencies for lack of a valid congressional franchise.
“All Provisional Authority/Certificate of Public Convenience of Newsnet pursuant to RA 8197 were likewise revised/cancelled. In addition, Newsnet’s pending applications/petitions were already dismissed/denied,” the NTC said.
