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CA affirms ARTA jurisdiction over NTC
By Nidz Godino
"Even assuming arguendo that an application proceedings before NTC involve its quasi-judicial function, Ease of Doing Business Act conferred jurisdiction unto ARTA those government agencies performing quasi-judicial functions," the Court of Appeals (CA) has ordered National Telecommunications Commission (NTC) to comply with directive of Anti-Red Tape Authority (ARTA) to automatically approve franchise application of News and Entertainment Network Corp. (Newsnet).
In a 33-page ruling penned by Associate Justice Perpetua Susana Atal-Paño of the Special 8th Division, the appellate court granted Newsnet's petition for mandamus that sought to compel NTC and Commissioner Gamaliel Cordoba to comply with ARTA's order dated Feb. 12, 2020, which deemed as automatically approved its application for issuance of Certificate of Public Convenience (CPC) to install, operate and maintain local multipoint distribution system to deliver interactive pay television and multimedia services in South Luzon, North Luzon, Visayas and Mindanao in 25.35 GHz-26.35 GHz frequency range with authority to charge rates.
In January 1997, NTC granted Newsnet provisional authority to operate and same was extended repeatedly within duration of its congressional franchise.
The firm filed an application before NTC seeking CPC. However, after six months, no resolution on its application was issued.
Newsnet filed formal complaint against Cordoba before ARTA alleging that it violated Ease of Doing Business Law. It got favorable ruling, prompting NTC to bring the case to Department of Justice which ruled that ARTA has no jurisdiction over NTC.
Newsnet elevated the case by filing a petition for mandamus with CA arguing legislative intent behind passage of law was to cover all government agencies performing quasi-judicial and legislative functions.
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