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Thursday, March 28, 2024

ARTA has no jurisdiction over radio frequency issue–NTC

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The National Telecommunications Commission said Monday the Anti-Red Tape Authority has no jurisdiction over the former’s issuance of radiofrequency to an affiliate of publicly-listed NOW Corp.

“The intervention of ARTA on the application of Newsnet was unnecessary,” NTC said in a statement referring to News and Entertainment Network Corp.

The NTC said it granted a provisional authority to Newsnet on Jan. 27, 2020, or weeks before the ARTA publicly announced its decision. 

“NTC raised that ARTA had no jurisdiction over its quasi functions which are not covered by the 3, 7 and 20-day periods and that radio frequency assignment subject to treaty obligations is also exempt from ARTA’s coverage,” the agency said.

“With the issues arising from the case, the NTC has elevated the matter to the Department of Justice for arbitration in accordance with the Presidential Decree 242 and the Revised Administrative Code regarding controversies among government agencies,” it said.

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The NTC said it would wait for the proceedings to begin before the DOJ. 

ARTA earlier said it found NTC to have violated certain provisions of the Ease of Doing Business and Efficient Government Service Delivery Act of 2018 and implementing rules and regulations for allegedly failing to issue the certificate within the period required by the law and the rules despite News and Entertainment Network Corp.’s compliance with all the requirements.

ARTA declared as complete Newsnet’s application for a CPC to install, operate and maintain a local multipoint distribution system to deliver interactive pay television and multimedia services in South Luzon, North Luzon, Visayas and Mindanao in the 25.35 to 26.35 gigahertz frequency range with the authority to charge rates.

Newsnet submitted an affidavit to ARTA on Jan. 31, claiming it had already submitted all the requirements for the issuance of the CPC and that such requirements were duly admitted by the NTC through an order dated Oct. 19, 2018. 

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