SC FINDINGS AND RECOMMENDATIONS

encrypted channels therein and the KBO PPV of ABS-CBN are “killing” the cable industry
which depends on monthly based subscriptions of its public clientele. 54
There is merit in FICTAP’s claim that ABS-CBN’s TV Plus Box, the multiple encrypted
channels therein and its KBO PPV service fall under Sec. 3 (b) of R.A. 10515, or the Anti-
Cable Television and Cable Internet Tapping Act of 2013, which speaks of Cable Television
Service:
(b) ‘Cable Television (CATV) Service’ — refers to the
transmission or delivery of video and audio signals and
programming for a fee through fiber optics, coaxial cable, and
other technological means which shall include, but not limited to,
transmission via wired or wireless means, including
microwave, radio signal or frequencies for purposes of
providing multiple channel CATV service. The term shall also
include electronic equipment such as digital or analog
receiver-decoder boxes, set-top and converter boxes as well
as, but not limited to, master antenna television, satellite master
antenna television, direct broadcast satellite/direct to home,
multi-point distribution service, a television receive-only
satellite program distributor and other providers of video
and audio programming, whatever the technology; x x x 55
In turn, Section 1 of Executive Order No. 436 requires that operation of cable television
systems be maintained separate from broadcast television:
Section 1. The operation of cable television systems, as a
subscriber service undertaking with a unique technology, shall
be maintained separate and distinct from telecommunications
or broadcast television.
Moreover, the Cable TV Operator needs a distinct permit from NTC to be able to operate a
cable television system as provided for by Section 4 of Executive Order No. 436:
Section 4. Local exchange operators and/or broadcasters, as well
as operators of direct broadcast satellite service, multi-point
distribution service, television receive-only satellite program
distribution service and other systems of providers of video
programming utilizing whatever technology, shall not operate
cable television systems or any form of service involving the
delivery [of] television programs and signals, by wire or cable or
through the airwaves and other wireless video signal transmission
systems without specific permits, licenses and/or authority
to operate a cable television system as provided hereunder and
under applicable laws and rules and regulations, which permits,
licenses and/or authority shall be issued in accordance with the
provisions of this Executive Order. 56
54
TSN of the 29 June 2020 hearing, at II-10 to 15, testimony of Ms. Estrellita Juliano-Tamano, National Chair, FICTAP.
55
Emphasis supplied.
56
Emphasis supplied.
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