The Anti-Red Tape Authority, in a resolution dated 22 August 2022, denied with finality News and Entertainment Network Corporation’s Motion for Reconsideration seeking the reversal of ARTA’s 17 June 2022 Resolution which vacated the 12 February 2020 Declaration of Completeness and Order of Automatic Approval in favor of Newsnet.
The ARTA declared that “in so far as the Authority is concerned, it has considered all the arguments of the parties in the light of the Secretary of Justice Resolution dated 9 July 2021 in OSJ Case No. 01-2020, which has already become final and executory, and having already endorsed to National Telecommunications Commission the subject application following the said SOJ Resolution, hence it resolves the matter herein as well with finality and any similar motions or manifestations in this case will no longer be entertained.”
On 4 July 2022, Newsnet filed an MR to ARTA’s 17 June 2022 Resolution praying for the reinstatement of the 12 February 2020 Declaration of Completeness and Order of Automatic Approval.
The National Telecommunications Commission opposed Newsnet’s Motion stating that Newsnet’s legislative franchise to operate a Local Multi-Point Distribution System has already expired, disqualifying Newsnet from any frequency assignment or allocation. NTC added that finality of judgments cannot apply to ARTA which is an investigatory body without jurisdiction to adjudicate rights and obligations of parties.
In view of the expiration of Newsnet’s legislative franchise, the NTC, on 12 August 2021, issued a “Cease and Desist Order against Newsnet from continuing its operation and other services as authorized under Provisional Authorities granted in NTC Case Nos. 96-197 and 2014-207 and ordered the recall of any and all frequencies that were provisionally assigned to Newsnet.”
While Newsnet also submitted a Court of Appeals decision granting Newsnet’s Petition for Mandamus dated 20 July 2022 directing the NTC to comply with the ARTA’s 12 February 2020 Declaration of Completeness and Order of Automatic Approval in favor of Newsnet, NTC argued that the CA decision is not immediately executory because NTC properly availed of its remedies within the reglementary period.
“On the contrary, ARTA’s 17 June 2022 Resolution in these proceedings warrant the dismissal of the said Petition for Mandamus.”, NTC pointed out in opposing Newsnet. This rendered “moot” the CA Decision as there is no longer a subsisting order to enforce, NTC emphasized.
In its resolution, ARTA concluded by saying that “the Authority will continue to abide by the Secretary of Justice Resolution dated 9 July 2021, which has already become final and executory per OP Order dated 25 April 2022.”