Metro Manila (CNN Philippines, April 24) — The Court of Appeals (CA) has rejected the petition of the country’s telco regulator against the nationwide operations of an affiliate of listed NOW Corp. in the pay television market.
In a 12-page resolution dated March 28, but only made available to media recently, the CA denied the National Telecommunications Commission’s (NTC) appeal to recall the Anti-Red Tape Authority’s (ARTA) 2020 order, directing the regulator to issue a certificate of public convenience (CPC) to News and Entertainment Network Corporation (Newsnet).
The CA said that its July 2022 decision, which ruled that the NTC should comply with ARTA’s order, “stands.”
Newsnet received a copy of the CA decision last April 18.
Previously, the NTC sought to block Newsnet’s nationwide expansion to deliver interactive Pay Television and multimedia services given the latter’s expired legislative franchise.
But the court stressed that securing a congressional franchise was “not a pre-requisite or condition” to a provisional or certificate of authority to operate as Newsnet is a cable television entity, not a public telecommunications firm.
It added that the NTC order terminating the provisional authority solely because of a lapsed legislative franchise was “not in accord” with the executive order signed by then President Fidel Ramos in 1997, which seeks to boost the development of cable television systems in the country.
“In its order, the NTC did not cite the absence of financial or technical qualifications of Newsnet’s or the latter’s violation of rules and regulations of the NTC as valid grounds for termination of provisional authority to operate,” the CA said.
The CA also pointed out that the ARTA order was already “final and executory” after the NTC filed its compliance to the directive instead of challenging the ruling before the Office of the President.
