Drilon to file concurrent resolution authorizing NTC to allow ABS-CBN to operate after franchise expiry
By Vanne Elaine Terrazola
Senate Minority Leader Franklin Drilon will be filing a concurrent resolution that would authorize the National Telecommunications Commission (NTC) to allow broadcast network ABS-CBN to operate after its legislative franchise has lapsed.
Sen. Franklin Drilon
(Facebook / MANILA BULLETIN) In a radio interview Tuesday, Drilon said he intends to file such a measure following the recommendations of Justice Secretary Menardo Guevarra in the inquiry of the Senate public services committee on ABS-CBN’s franchise that will expire in May. "Iyan po ay pwedeng maging resulta ng report committee. Ngunit iniisip ko ay i-file na rin bukas yung concurrent resolution para maaksyunan ng committee on rules kung payag sila o maisama sa report na gagawin ng committee on public services," Drilon said over DZMM. (The concurrent resolution could be a result of the committee report. But I am also thinking to file it tomorrow so that the committee on rules can decide if they will agree whether or not to include it in the report to be drafted by the committee on public services.) Joint and concurrent resolutions Drilon earlier filed a joint resolution calling on the NTC to allow ABS-CBN to operate until December 2022 or until Congress has acted on the bills for the renewal of its franchise. In Monday's hearing, NTC Commissioner Gamaliel Cordoba appealed to lawmakers to pass a resolution that would give them more legal basis to grant the broadcast network a provisional authority to continue operating. He deferred to the Department of Justice's opinion, saying ABS-CBN's case was the first time that allegations of violations were raised against a franchisee. Guevarra said the Congress, through a concurrent resolution, can authorize the NTC to give the ABS-CBN a provisional authority subject to terms and conditions. Drilon explained that a joint resolution, like a bill, requires the approval of both the Senate and House of Representatives and the President, and has the force and effect of law. A concurrent resolution, meanwhile, is used to only express the "sense of Congress" on an issue, particularly in matters affecting the operations of both chambers. Unlike the joint resolution, it does not need the President's approval, Drilon said. Drilon agreed with Guevarra that there is a gap in the law, as existing franchises and regulations do not provide for what happens to a broadcast network during the pendency of the renewal of its franchise. The concurrent resolution, he said, would propose to extend the operations of ABS-CBN until the end of the 18th Congress or until Congress rejects the application of the franchise. Passing the buck? Senate President Vicente Sotto III, however, questioned the need for such a congressional authority as he believed that the executive department may allow the continued operations of ABS-CBN on their own. "I'm just wondering why they want a reso from us when in the previous expired franchises they never asked for one. Why are they placing the burden on us? They should be decisive enough to act," Sotto told reporters in series of messages when asked about Drilon's plan. Sotto also refuted Cordoba, saying the NTC had decided to allow companies with "controversial" franchises to operate without asking Congress' intervention. "Ang dami naming mga dapat talakayin na issue at panukala, bakit ipapasa sa amin ang problema nila (We have more important issues and bills to tackle, why are they passing the buck to us)," the Senate leader said. Sotto said senators would have to discuss Drilon's proposal once filed in the Upper Chamber. Sen. Aquilino "Koko" Pimentel III, for his part, said it would be "better if Congress passes a law which is also a joint effort." Sen. Joel Villanueva, meanwhile, said he is open to supporting Drilon's resolution to ensure that ASB-CBN workers would keep their jobs. "Malaking bagay po na tinalakay sa pagdinig kahapon ang pagtupad ng ABS-CBN sa mga panuntunan at regulasyon na nangingibabaw sa kanilang negosyo. Ma pa SEC, BIR, NTC, at ayon na rin sa DOLE, walang nakitang paglabag ang network," he said. (The discussions in yesterday's hearing on ABS-CBN's compliance with policies and regulations are significant. Even the Securities and Exchange Commission, Bureau of Internal Revenue, the NTC, as well as the Department of Labor and Employment, saw no violations committed by the network.) Read more: NTC requests Senate, House to issue joint resolution allowing ABS-CBN to continue operations after lapse of franchise
Sen. Franklin Drilon(Facebook / MANILA BULLETIN) In a radio interview Tuesday, Drilon said he intends to file such a measure following the recommendations of Justice Secretary Menardo Guevarra in the inquiry of the Senate public services committee on ABS-CBN’s franchise that will expire in May. "Iyan po ay pwedeng maging resulta ng report committee. Ngunit iniisip ko ay i-file na rin bukas yung concurrent resolution para maaksyunan ng committee on rules kung payag sila o maisama sa report na gagawin ng committee on public services," Drilon said over DZMM. (The concurrent resolution could be a result of the committee report. But I am also thinking to file it tomorrow so that the committee on rules can decide if they will agree whether or not to include it in the report to be drafted by the committee on public services.) Joint and concurrent resolutions Drilon earlier filed a joint resolution calling on the NTC to allow ABS-CBN to operate until December 2022 or until Congress has acted on the bills for the renewal of its franchise. In Monday's hearing, NTC Commissioner Gamaliel Cordoba appealed to lawmakers to pass a resolution that would give them more legal basis to grant the broadcast network a provisional authority to continue operating. He deferred to the Department of Justice's opinion, saying ABS-CBN's case was the first time that allegations of violations were raised against a franchisee. Guevarra said the Congress, through a concurrent resolution, can authorize the NTC to give the ABS-CBN a provisional authority subject to terms and conditions. Drilon explained that a joint resolution, like a bill, requires the approval of both the Senate and House of Representatives and the President, and has the force and effect of law. A concurrent resolution, meanwhile, is used to only express the "sense of Congress" on an issue, particularly in matters affecting the operations of both chambers. Unlike the joint resolution, it does not need the President's approval, Drilon said. Drilon agreed with Guevarra that there is a gap in the law, as existing franchises and regulations do not provide for what happens to a broadcast network during the pendency of the renewal of its franchise. The concurrent resolution, he said, would propose to extend the operations of ABS-CBN until the end of the 18th Congress or until Congress rejects the application of the franchise. Passing the buck? Senate President Vicente Sotto III, however, questioned the need for such a congressional authority as he believed that the executive department may allow the continued operations of ABS-CBN on their own. "I'm just wondering why they want a reso from us when in the previous expired franchises they never asked for one. Why are they placing the burden on us? They should be decisive enough to act," Sotto told reporters in series of messages when asked about Drilon's plan. Sotto also refuted Cordoba, saying the NTC had decided to allow companies with "controversial" franchises to operate without asking Congress' intervention. "Ang dami naming mga dapat talakayin na issue at panukala, bakit ipapasa sa amin ang problema nila (We have more important issues and bills to tackle, why are they passing the buck to us)," the Senate leader said. Sotto said senators would have to discuss Drilon's proposal once filed in the Upper Chamber. Sen. Aquilino "Koko" Pimentel III, for his part, said it would be "better if Congress passes a law which is also a joint effort." Sen. Joel Villanueva, meanwhile, said he is open to supporting Drilon's resolution to ensure that ASB-CBN workers would keep their jobs. "Malaking bagay po na tinalakay sa pagdinig kahapon ang pagtupad ng ABS-CBN sa mga panuntunan at regulasyon na nangingibabaw sa kanilang negosyo. Ma pa SEC, BIR, NTC, at ayon na rin sa DOLE, walang nakitang paglabag ang network," he said. (The discussions in yesterday's hearing on ABS-CBN's compliance with policies and regulations are significant. Even the Securities and Exchange Commission, Bureau of Internal Revenue, the NTC, as well as the Department of Labor and Employment, saw no violations committed by the network.) Read more: NTC requests Senate, House to issue joint resolution allowing ABS-CBN to continue operations after lapse of franchise