Heroes & villains cropping up in ABS-CBN case

 

By Al S. Mendoza

 

LET us be clear.

The issue in the ABS-CBN case is not press freedom but rather legal.

Press freedom is not being curtailed at ABS-CBN.  The media giant has never been censored in its airing of news, reports and commentaries.

My wife had worked there as Night Editor for some time and she could attest to that.

It is on the legal side that ABS-CBN is currently embroiled in.

No, it’s not even of its own making.

Sadly, it’s Congress’ fault—to a certain degree—that ABS-CBN is going through rough times right now.

It’s like this.

The ABS-CBN’s 25-year permit to operate will expire this month.

The network has applied for its extension months ago.

Sadly, for some reason, Congress hasn’t acted on it.

Should ABS-CBN’s permit to do business lapses some four weeks from now, it could stop operating if Congress doesn’t grant a franchise renewal on or before May 4.

Some schools of thought have sprouted over ABS-CBN’s chances of continued operation.

Some wags said the National Telecommunications Commission (NTC) could issue a resolution allowing ABS-CBN to operate while the network’s franchise renewal is being heard in Congress.

But former Chief Justice Reynato Puno said only  Congress can allow ABS-CBN’s continued existence, citing a Supreme Court ruling to this effect in 2004.

Some lawmakers, notably Senate Minority leader Franklin Drilon, argued that the 2004 case involving ABC (Associated Broadcasting Corp.) had a different case.

While ABS-CBN had re-applied for a franchise renewal before its franchise’s expiry date, ABC did not—leading to the automatic cancellation of ABC’s permit to operate.

For ABC to operate again, it needs a new franchise from Congress—not a franchise renewal—said the Supreme Court.

To be legalistic is, at times, complicated, although, in most times, it clears up the air.

The ABS-CBN case has become a hot clubhouse topic for a variety of reasons, most notable of which is the question on why Congress isn’t fast enough in tackling the franchise renewal.

There is no doubt that the outfit is the nation’s No. 1 TV network, thus, every bit of news about its fate elicits national attention, every detail about its status puts a polarized nation in suspended animation.

But one thing is sure:  While Congress continues to delay action on the ABS-CBN case, heroes and villains will crop up just as fast as Manny Pacquiao dispatched his foes in his heyday.

Already, Congress, the sole body vested by the Constitution to issue or deny a franchise to any broadcasting company, is being pilloried, repeatedly pictured as not doing its job—if not branded as anti-ABS-CBN from Day One.

Sadly, amid the uncertainty of things, the 11,000 or so employees of ABS-CBN continue to swim in limbo, their fate hanging in the air, appearing like peeled brown leaves drifting with no direction.

Always, the toiling workforce are the first to suffer.

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