No different from a colorum taxi

LETTERS FROM THE AGNO

March L. Fianza

BAGUIO CITY -- No offense to news colleagues affected by the operation of ABS-CBN that stopped due to the expiration of its franchise. I absolutely sympathize with them that they are unable to broadcast via their main system. Although, I am confident there are a hundred other ways of reaching their audiences, particularly through internet and many other means. It is therefore wrong to say that press freedom was curtailed.

Like many others, I wanted to refrain from making comments but the topic about franchise renewal refused to die. I am for the continued operation of ABS-CBN or all other TV stations, but I also agree that the National Telecommunications Commission (NTC) has a duty to stop companies with expired franchises from continuing to operate.

What I am not supportive of is when the current COVID-19 issue is used as an excuse for the continued operation of the giant TV station. Once a legislative franchise expires, a TV or radio station stops running. Otherwise, if that excuse is okay then government has to allow all other outfits to operate even without a franchise but because we are in a pandemic.  

The NTC is torn between two acts. If it just sits back and does nothing, then it allowed the TV station to continue operating without a renewed franchise and would be condemned. If it stops the network’s operation, just the same – it gets the flak. What I am puzzled about is why it has to issue a cease and desist order when ABS-CBN cannot continue airing anyway because its franchise already expired

The TV network repeatedly applied for the renewal of its legislative franchise since 2014 in the House of Representatives but the 16th, 17th, and 18th congresses failed to address the application.

Days after the CDO was issued by NTC, the ABS-CBN management through one of its top officials appealed for public support on another TV station. Who says freedom of the press was suppressed? That baffled me more. While the poor guy appealed for support, I thought the wealthy and powerful TV broadcast system should first reveal to the public what backing it did for its 11,000 employees (some say 4,500 or so). There was no announcement.

There are more than a dozen valid issues confronting the popular TV station from treatment of its employees, talents and contractual workers to irregularities in conducting business. In fairness, those cases have to be set aside and cannot be ventilated here for lack of background info. However, congress is prepared to discuss them properly prior to renewal or non-renewal of the franchise.

Setting aside TV or radio franchises, I explore another kind of franchise. It is the one issued by the Land Transportation Franchising and Regulatory Board (LTFRB) for public utility motor vehicles. The two are differently acquired, have different applications but both are controlled by government and both have similar consequences in cases of misapplications.

For example, if a taxicab company’s franchise expired, it is mandatory for the concerned government agency to regulate and prevent a taxi unit from ferrying passengers without a new franchise. On the other hand, if the taxi owner submitted all the needed requirements and still does not get a new franchise, that is not his fault so that he might be forced to operate. That is called a colorum taxi operation.  

If the taxicab operator violated the use of its franchise prior to renewal, a case will have to be heard and cleared by the LTFRB. In case the public utility vehicle transported people without a franchise, got involved in a vehicular accident and its passengers were hurt if not killed; both the owner and the driver will suffer the consequences, and the LTFRB might be dragged into the case.

That can probably happen to television and radio networks. If they continue to operate without a renewed or new congressional franchise, they too can be called colorum TV and radio stations.

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The release of the Social Amelioration Program (SAP) second tranche of funds for the month of May by the Department of Social Welfare and Development (DSWD) is dependent on liquidation reports that have to be submitted by the LGUs. The LGUs would have to exert extra effort to complete the distribution of the SAP cash aid meant for the month of April.

The Department of Interior and Local Government (DILG) warned that barangay, municipal or city officials who fail to submit liquidation reports will be issued show cause orders (SCO). But what about if the delay in the distribution is caused by slow response by the DSWD?  

Some barangay officials in Baguio complained that they have yet to receive from the DSWD the list of the last batch of beneficiaries they submitted for approval. Without the list, they cannot summon the supposed SAP beneficiary in their barangay. That is why they cannot submit their liquidation report because they still have to distribute SAP cash aid to the last batch of recipients approved by DSWD.