An infrastructure-oriented thinktank said that House Bill No. 78, which amends the Public Service Act, has omitted critical regulated sectors from the ambit of legislative franchise approval: broadcast, telecoms, tollways, airlines and rail.

“While the authors proselytize the impact of the measure on competition and foreign investment, what is left unsaid is that critical regulated sectors, such as broadcast, telecoms, tollways and airlines, which currently require legislative franchises, will no longer be subject to direct congressional scrutiny. This is nothing but a surrender of the public interest over critical regulated sectors. This is a surrender of Congress’ constitutional mandate.”

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

Ridon said these regulated sectors will now be answerable directly only to administrative agencies such as the National Telecommunications Commission, Civil Aeronautics Board, Toll Regulatory Commission on matters concerning the businesses’ operations.

Congress diminished

“The very public discussions in Congress on the franchises of ABS-CBN and Mislatel should give the legislature pause on surrendering its mandate under this bill. The public needs wider discussions on the intersecting interests of business and public welfare.”

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Ridon said Congress was also instrumental in immediately resolving issues relating to flight delays of a local airline in 2015.

“By removing these sectors from the list of industries considered as public utilities, the primacy of public interest is diminished. The stature of Congress is diminished, as these businesses can now operate without the fear of direct congressional scrutiny.”

Talk shop

Ridon said the public would like to be able to complain at the level of Congress on issues such as unreliable mobile internet, airline overbooking, unscrupulous railway maintenance schemes, among others.

“With these amendments, there is a real tendency that Congress will now be relegated as a talk shop on issues but with no real consequences on business conduct.”