The Regional Trial Court of Quezon City Branch 91 has denied NOW Cable Inc.’s application for a Writ of Preliminary Injunction (WPI) following its complaint filed against the National Telecommunications Commission (NTC) and its officials to prevent the implementation of the Cease and Desist Order (CDO) issued by the NTC to the cable company.
The NTC, in an order dated 22 September 2021, issued a CDO against NOW Cable due to the expiration of its legislative franchise.
In a decision dated 18 May 2022, NTC recalled NOW Cable’s assigned frequencies 26.35GHz-27.35GHz including all its channels and provisional authorities for lack of a valid Congressional Franchise.
The Court, in its resolution, ruled that NOW Cable failed to prove its clear and unmistakable right to be protected by a WPI. It also noted that the existence, due execution, and authenticity of the CDO were never questioned by the company.
NTC opposed NOW Cable’s application for a writ, stating, among others, that the Court has no authority to grant the relief under the doctrine of primary jurisdiction, since the grant of a certificate of authority to operate a radio and television broadcasting system, including CATV, is a mandate of NTC’s quasi-judicial functions.
The Court then pointed out that NOW Cable’s legislative franchise, Republic Act (RA) No. 8213, Section 3 requires the need for NTC prior approval for the construction and operation of its station and facilities, and the grantee “shall not use any frequency in the radio/television spectrum without having been authorized by the Commission.”
NOW Cable’s legislative franchise had a term of twenty-five (25) years which already expired last September 21, 2021.
