An infrastructure-oriented thinktank said that Solicitor General Jose Calida was ‘ignorant on media franchise law’ when he filed a quo warranto petition calling for the revocation of ABS-CBN’s franchise before the Supreme Court.

“In order for his petition to even proceed, Mr. Calida has to show that ABS-CBN is an ‘unincorporated association’ or an association ‘without lawful authority so to act.’ Either of these circumstances do not apply to the network, as ABS-CBN is not only a corporation, it is in fact a listed corporation as required by its franchise. More important, it has valid and subsisting franchise granted no less by Congress, such that it has lawful authority to conduct its business. Ignorance, if not grasping for relevance, is the only explanation for this petition.”

This was the statement of Terry Ridon, Infrawatch PH convenor and former House legislative franchise committee member.

Only Congress can resolve Calida’s complaints

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Ridon said Mr. Calida’s complaints can be validly addressed in the franchise renewal proceedings in Congress.

“The issues concerning the use of Philippine Depositary Receipts (PDRs) can be resolved during franchise committee hearings, particularly whether these instruments violate nationality restrictions governing mass media. There should be no issue if ABS-CBN issued PDRs which do not convey control or voting rights to foreign investors.”

Ridon also wondered why Mr. Calida was complaining about other ABS-CBN products and services such as TV Plus.

“If Mr. Calida only cared to do a bit more research, TV Plus is an entirely different product from ABS-CBN’s broadcast services, whether analog or digital television. What relates to their franchise is the free broadcast of its analog and digital channels. If the broadcast is being done without any fees from the public, how can there be a franchise violation?”