At the House committee on legislative franchises hearing on ABS-CBN's franchise renewal on Monday, Cordoba said that the broadcast giant was using the franchise of AMCARA Broadcasting Network for its Channel 43 operations.
"All broadcast operations of ABS-CBN are only authorized through its expired franchise...In other words, ABS-CBN's airing of digital TV on Channel 43 is part of the cease and desist order because the franchise that they used for that is ABS-CBN's franchise," he said.
Rep. Boying Remulla (Cavite 7th District), who sits as Senior Deputy Majority Leader and who earlier asked if ABS-CBN chairman emeritus Gabby Lobez was "100% Filipino or 100% American or 50% Filipino or 50% American," went as far as saying that the broadcast giant's operation for the past eight weeks was illegal and usufructuary.
He added that allowing ABS-CBN to operate post-May 4 with an expired franchise warranted grounds to file charges against Cordoba.
"[Provisional authority] was predicated on the effectivity of the franchise of the corporation...Cordoba should resign because he is not doing his job," Rep. Rodante Marcoleta (Sagip Party-list) said.
Rep. Mike Defensor (Anakalusugan Party-list) added: "The law is the law and we have to obey that. Today, the continuing use of that frequency should stop."
'Due process in the spirit of fairness'
Lopez's citizenship, along with a litany of recycled issues, had already been addressed by government agencies—including the labor department, the Bureau of Internal Revenue, and the Securities and Exchange Commission—at an earlier Senate hearing.
For his part, ABS-CBN Corp. CEO Carlo Katigbak said that the company was willing to submit to the judgment of the regulatory agency but appealed for due process and asked the committees to allow broadcast while the franchise is pending for renewal.
"In the past, the NTC has permitted other companies whose franchises have expired and were currently being deliberated to continue with their operations until such time as either the application is approved or denied. We would like permission to ask for the same privilege to be extended to ABS-CBN in the spirit of fairness," he said.
"The cease and desist order does not cover Channel 43. It's not on the list... A block-time arrangement is a standard commercial agreement that is quite common in the broadcast industry. Many other broadcasters do this as well," he added.
At an earlier hearing, Katigbak said that the sale of the TVplus boxes was "in compliance with the directive of NTC to migrate our broadcast to digital.”
A cursory glance at the cease and desist order shows that Channel 43 is not among the operations the corporation was directed to cease and desist operations on.
As of this writing, ABS-CBN and its content has remained off the air from its usual channels for over a month.
Source: Peso Economics
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