Senate President Juan Miguel Zubiri lauded the Anti-Red Tape Authority in helping the country boost its competitiveness by streamlining government’s processes.
Citing the recent ruling of the Court of Appeals recognizing ARTA’s jurisdiction over government agencies performing quasi-judicial and legislative functions, Zubiri said “this is a victory not only for ARTA but for the law.”
The Special Eighth Division of the Court of Appeals resolved in July ARTA’s powers over the quasi-judicial functions of the National Telecommunications Commission. This concerns the case of News and Entertainment Network Corp., an affiliate of publicly-listed NOW Corp. against the NTC.
The CA division resolved that the automatic approval granting NEWSNET the 26-GHz frequency based on ARTA decision under former ARTA director-general Jeremiah Belgica’s leadership was unappealable and irreversible.
The new ARTA officer-in-charge issued a decision reversing Belgica’s decision.
The CA decision has profound significance in the delivery of much-needed Internet and Pay TV services to the public as Newsnet intends to expand nationwide using cutting-edge technologies.
It also states that regardless of the fact that said frequencies are now considered 5G (fifth generation) by the International Telecommunications Union, Newsnet maintains rights over it.
“And I’m confident that the legal victory such as this, we are setting a good precedent for similar cases in the future. And we are sending strong message to all government agencies to listen to ARTA, follow ARTA’s directives.
In this way you, we can effectively serve our people and promote the Ease of Doing Business,” Zubiri said. The reforms under Republic Act No. 11032 or the Ease of Doing Business and Efficient Government Service Delivery Act of 2018 shook up many government agencies that based their actions on discretionary means. The ARTA law forcefully stopped such common practice.
The Special Eleventh Division of the Court of Appeals on Aug. 16, 2022 resolved to reverse and set aside the termination of provisional authority and the cease and desist order issued by NTC against Newsnet.
“The provisional authority of petitioner [Newsnet] to operate and maintain 25.35 to 26.35 GHz spectrum Local MultiPoint Distribution System to deliver interactive pay television and multi-media services in Metro Manila is reinstated and shall continue to be effective unless sooner suspended, cancelled or revoked in accordance with applicable laws, rules and regulations,” the CA decision said.