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NTC to issue alias shutdown order vs ABS-CBN after getting SolGen advice

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Jamaine Punzalan, ABS-CBN News

<figure class="op-interactive"><iframe height="315" src="https://www.youtube.com/embed/F8pqv6RHsIo?enablejsapi=1" width="560"></iframe></figure><div class="iwantbar">Watch more in <a href="//www.iwantv.com.ph/">iWantv</a> or <a href="//tfc.tv/">TFC.tv</a></div><p>MANILA (<strong>1st UPDATE</strong>) - The National Telecommunications Commission (NTC) said Monday it would heed the advice of the government&#x27;s lead lawyer to shut down the Kapamilya Channel, which is airing some of ABS-CBN Corp&#x27;s shows through cable and satellite television, nearly 2 months into the shutdown of its free-to-air TV channels and radio stations. </p><p>The Kapamilya Channel airs a number of shows using the frequency of Amcara Broadcasting Network, a company where ABS-CBN used to have a 49% stake. It also uses the franchise of ABS-CBN that expired on May 4 and was covered by a May 5 cease and desist order against the network, said NTC Commissioner Gamaliel Cordoba. </p><p>&quot;Dapat ay hindi po nila ginagawa iyon dahil iyong ABS-CBN franchise na binanggit ninyo ay expired na. Mali po iyong ginagawa nila. That is a violation of the CDO (cease and desist order),&quot; he told lawmakers who are deliberating on a fresh license for the network. </p><p>(ABS-CBN should not be doing that because its franchise has expired. What they&#x27;re doing is wrong.) </p><p>But because ABS-CBN is questioning the order before the Supreme Court, the NTC &quot;wanted to be more prudent&quot; and asked for guidance on the issue from the Office of the Solicitor General, said Cordoba. </p><p>&quot;Ang sabi po ng Office of the Solicitor General is tama nga, kasama nga po ito at puwede po kaming mag-issue ng alias cease-and-desist order,&quot; he said. </p><p>(The Office of the Solicitor General said it&#x27;s right, it&#x27;s included in the CDO and we can issue an alias cease-and-desist order.) </p><p>An alias CDO is not included in the commission&#x27;s rules, he said. </p><p>&quot;Dahil kakatanggap lang po namin kaninang umaga, inaaral na po ng aming legal department at kung saka-sakaling okay naman po ang kanilang pag-aaral, we will issue forthwith iyong aming alias cease-and-desist order,&quot; said Cordona. </p><p>(Because we have just received the advice this morning, our legal department is studying it and if their study is okay, we will issue forthwith our alias cease-and-desist order.) </p><p>Solicitor General Jose Calida earlier warned NTC officials that they could face graft charges if they let ABS-CBN operate beyond its franchise expiration. </p><p>Calida pressed NTC to issue cease and desist order vs ABS-CBN, his letter to the commission showed.</p><ul class="op-related-articles">	<li><a href="https://news.abs-cbn.com/news/05/06/20/calida-pressed-ntc-to-issue-cease-and-desist-order-vs-abs-cbn-document-shows">Calida pressed NTC to issue cease and desist order vs ABS-CBN, document shows</a></li></ul><p>The broadcaster was then facing a quo warranto petition filed by Calida, which the Supreme Court junked last Tuesday. </p><div><strong>ABS-CBN SEEKS &#x27;FAIRNESS&#x27;: PRESIDENT </strong></div><figure class="op-interactive"><iframe height="315" src="https://www.youtube.com/embed/J1pyHiRMHCY?enablejsapi=1" width="560"></iframe></figure><div class="iwantbar">Watch more in <a href="//www.iwantv.com.ph/">iWantv</a> or <a href="//tfc.tv/">TFC.tv</a></div><p>Amcara is &quot;not owned&quot; by ABS-CBN, said its CEO and President Carlo Katigbak. </p><p>Amcara&#x27;s Channel 43 airs ABS-CBN content under a block-time arrangement, which is &quot;a standard commercial agreement where a company is allowed to buy airtime from a duly licensed broadcaster and to air our programs,&quot; he said. </p><p>The NTC&#x27;s cease and desist order does not cover Amcara&#x27;s Channel 43. ABS-CBN has its own digital channel, Channel 16, Katigbak said. </p><p>He also noted that the NTC previously allowed other companies to continue their operations while Congress was still tackling their franchise applications. <br/> <br/>&quot;We would like permission po to ask for the same privilege to be extended sana to ABS in the spirit of fairness,&quot; he said.</p><div><strong>2 LAWMAKERS SLAM KAPAMILYA CHANNEL </strong></div><p>Lawmakers have exclusive powers over media licenses and the airing of ABS-CBN shows via its TVPlus is &quot;not only a violation of the franchise, but it is a usurpation and infringement on the powers of Congress,&quot; AnaKalusugan party-list Rep Mike Defensor told the NTC. <br/> <br/>Senior Deputy Majority Leader Crispin &quot;Boying&quot; Remulla said this was &quot;another violation being committed by ABS-CBN in the sense that... they&#x27;re now engaging in the usufruct of another franchise.&quot; </p><p>Usufruct is the right to enjoy the use and advantages of another&#x27;s property short of the destruction or waste of its substance. <br/> <br/>&quot;A blocktime arrangement is not usufruct. A blocktime arrangement is a standard commercial agreement that is quite common in the broadcasting industry,&quot; said Katigbak. </p><p>&quot;It&#x27;s not just ABS that enters into blocktime agreements. There are many other broadcasters din po that have entered into such types of blocktype arrangement,&quot; he added. </p><p>Remulla said this was a &quot;palusot&quot; or excuse. <br/> <br/>&quot;Ginagamit pa rin nila iyong (they are still using) public frequency to broadcast ABS-CBN content... They are now conducting an illegal operation,&quot; he alleged. </p><p>Defensor then asked Cordoba, &quot;Ang commitment mo ngayong hapon, ihihinto mo lahat ng programa [ng ABS-CBN] at ilalabas mo iyang alias CDO na iyan sa kadahilanang iyan din ang advice sa iyo ng Solicitor General?&quot; </p><p>(Your commitment this afternoon is that you will stop all programs and you will issue the CDO because that is the advice to you of the Solicitor General?) </p><p>The NTC Commissioner answered in the affirmative. </p><p>ABS-CBN is &quot;willing to submit our judgement to the regulatory agency,&quot; said Katigbak. </p><p>&quot;Ang hinihingi lang po namin (all we&#x27;re asking for) is to make sure we are given due process so we have the right venue to express our position on this matter,&quot; he said. &quot;Whatever decision NTC comes up with, we will respect.&quot; <br/> <br/><em><a href="http://news.abs-cbn.com">news.abs-cbn.com</a> is the official news website of ABS-CBN Corp.</em></p><div><strong>Watch the hearing here: </strong></div><figure class="op-interactive"><iframe height="315" src="https://www.youtube.com/embed/tz8IVfmBrVo?enablejsapi=1" width="560"></iframe></figure><div class="iwantbar">Watch more in <a href="//www.iwantv.com.ph/">iWantv</a> or <a href="//tfc.tv/">TFC.tv</a></div>

<p>The NTC said Monday it would heed the advice of the government's lead lawyer to shut down the Kapamilya Channel, which is airing some of ABS-CBN Corp's shows through cable and satellite television, nearly 2 months into the shutdown of its free-to-air TV channels and radio stations. </p>

The NTC said Monday it would heed the advice of the government's lead lawyer to shut down the Kapamilya Channel, which is airing some of ABS-CBN Corp's shows through cable and satellite television, nearly 2 months into the shutdown of its free-to-air TV channels and radio stations.

NTC to issue alias shutdown order vs ABS-CBN after getting SolGen advice

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NTC to issue alias shutdown order vs ABS-CBN after getting SolGen advice

Jamaine Punzalan,

ABS-CBN News

Published Jun 29, 2020 04:22 PM PHT

|

Updated Jun 29, 2020 04:49 PM PHT

Read More:

ABS-CBN franchise

ABS-CBN franchise renewal

ABS-CBN shutdown

ABS-CBN cease and desist

NTC order ABS-CBN shutdown

ABS-CBN franchise expires

ABS-CBN closure

ABS-CBN House of Representatives

NTC

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