Unli sa haba! Learning from ABS-CBN’s woes, Drilon proposes non-expiration of franchise

Learning from ABS-CBN’s dilemma, Senate Minority Leader Franklin Drilon has filed a bill providing for the non-expiration of a franchise as long as a bill for its renewal is filed.

SBN 1530 amends Section 18, Book VII, Chapter 3 of Revised Administrative Code which provides for the non-expiration of a license where the licensee has filed a timely and sufficient application for renewal, until a final determination by the agency is made. The amendment expands the provision to also include franchises granted by Congress.

Drilon said the shutdown of a company similar to ABS-CBN– which requires a franchise– should not happen again. He noted that the broadcasting giant started its application for a new franchise as early as November 2016 under the Duterte administration but it has not yet been acted by the House of Representatives until now.

“While it is recognized that a franchise, license or certificate is not a privilege, this rule must be tempered with considerations of equity, fairness, due process, and equal protection, particularly when the service being provided has been so woven into everyday life, that its abrupt cessation could give rise to devastating consequences,” he said.

Drilon’s proposed amendment will ensure that a license or franchise will not expire until the application for renewal has been acted upon by the agency, department, or branch of government that grants or renews such license or franchise.

Under SBN 1530, inaction on a franchise application does not mean its denial. “[T]here is final determination when an applicant is given written notice of approval or denial of its application for renewal,” the measure read.

Drilon, a former Justice Secretary, said the bill will not violate Congress’ power regarding the grant of franchises as it “merely addresses the situation in the interim period.”

“The amendment we propose is merely an instruction to the concerned agency or branch of government to act decisively on an application for renewal, and to express its decision in clear, unmistakable terms, to ensure that the applicant is not punished for the authority’s indecision or inaction,” he said.

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Source: Latest Politics News Today (Politics.com.ph)