SC FINDINGS AND RECOMMENDATIONS

Pangatlo, Mr. Chair, ito pong pinagmulan na titulo na ibinigay sa
atin ng ABSCBN, iyong xerox copy, ang nakalagay po ay TCT
No. 110731. Kumuha po ako ng certified true copy rin nito.
Nagtaka po ako. Itong pinagmulan na titulo na 127…125702 ay
nasa ibang lugar at ang nakapagtataka po, 42 square meters lang,
hindi 44,000 plus square meters. Bakit po ganito, Mr. Chair? 40
This Committee is moreover perplexed why, despite the supposed conduct of said arbitration
proceedings, there was no records of said proceedings submitted to the Committee despite
request by its members. No resource person from ABS-CBN or the PCGG was able to explain
why there was just a Compromise Agreement between the parties, as approved by the Regional
Trial Court of Makati, and no record whatsoever of the proceedings leading to such
Compromise Agreement.
V. ABS-CBN TV PLUS BOX AND KBO PAY-PER-VIEW
Section 4 of R.A. No. 7966, the legislative franchise of ABS-CBN, provides that before any
frequency in the TV or radio spectrum is used, authority from the National
Telecommunications Commission must be secured:
Sec. 3. Prior Approval of the National Telecommunications Commission.
— The grantee shall secure from the National
Telecommunications Commission the appropriate permits
and licenses for its station and shall not use any frequency in
the television or radio spectrum without having been
authorized by the Commission. The Commission, however,
shall not unreasonably withhold or delay the grant of any such
authority. 41
On 10 February 2015, NTC granted ABS-CBN Demonstration Permit No. BSD-0010-2015
to test its Digital Channel 43 until 30 June 2015.
ABS-CBN sold TV Plus
Boxes to access its
encrypted multiple
channels.
Upon receipt of said permit, ABS-CBN proceeded to use the frequency to generate multiple
channels/programs to be included in its TV Plus Box. This continued even beyond the
expiration of said demonstration permit. 42 There is no NTC authorization on record allowing
ABS-CBN to produce the TV Plus Box containing multiple channels, much less to sell it for
profit.
Initially, NTC said that the sale of set-up boxes like TV Plus Boxes is allowed as being akin to
a sale of appliance to access digital channels, thus the NTC said it does not regulate the sale of
such boxes. 43 However, when asked if this was specifically allowed under NTC’s regulations,
40
TSN of the 29 June 2020 hearing, at IX-18.
41
Emphasis supplied.
42
TSN of the 29 June 2020 hearing, at V-16.
43
TSN of the 29 June 2020 hearing, at III-15.
14