ICYMI: The National Telecommunications Commission, in a position paper filed through the Office of the Solicitor General, said the proposed measure that will allow “hold-over franchises” violates provisions of the Constitution. | via onenewsph
A security personnel passes by a logo of ABS-CBN Corp. at the network’s facade a day after it was shut down by the National Telecommunications Commission on May 5, 2020. Photo by Michael Varcas, The Philippine STAR
Solicitor General Jose Calida branded the proposed measure as “unconstitutional and illegal” and even warned of “grave consequences” should the bill be passed into law. The Solicitor General stressed that by institutionalizing the system of “hold over franchise” in the broadcast industry, the legislative measures already violate the “settled rule that the privilege to operate a broadcasting station requires a legislative franchise in the form of a law.”
“Furthermore, to allow an expired franchise holder to continue its operations thereby extending its use over the free signals granted by the State is akin to promoting ‘exclusivity’ which the Constitution abhors,” Calida pointed out. “By allowing the select few to use these privileges despite having an expired franchise limit the public to apply for these privileges. This promotes exclusivity which will run counter to the true intention of the Constitution,” the OSG said.