Thinking Pinoy Reveals ABS-CBN's Supposed Violations Resulting into Quo Warranto Petition

Veteran blogger and prominent social media personality Thinking Pinoy revealed some of the interesting contents on the alleged and supposed violation of the terms of its congressional franchise.


Based upon the petition, "ABS-CBN Corporation is using the free-to-air frequency granted to it by the State for its operations of a Conditional Access System (CAS), particularly its KBO Channel."



SolGen Calida said that the free-to-air frequency must accessible to viewers without requiring the latter to pass through a paywall. A paywall is a method of restricting accss to content via a purchase or paid subscription.

Despite this, ABS-CBN created a paywall when it offered a pay-per-view (PPV) option for the 2015 Manny Pacquiao-Floyd Mayweather match. Aside from the Pacquiao-Mayweather fight, ABS-CBN also offered the 2016's Donaire-Bedak Fight. There's also a PPV offering for the 2019 TNT Boys concert and a KBO99 promo where users can pay pesos to watch movies.

Read the Complete Statement of Thinking Pinoy:

SOLGEN'S QUO WARRANTO PETITION: ABS-CBN USED FREE-TO-AIR FREQUENCY FOR PAY-PER-VIEW SERVICES

This post concerns ABS-CBN's supposed violation of the terms of its congressional franchise.



The Official of the Solicitor General in the Quo Warranto Petition filed against ABS-CBN [1] said:

"ABS-CBN Corporation is using the free-to-air frequency granted to it by the State for its operations of a Conditional Access System (CAS), particularly its KBO Channel ."

OSG said the free-to-air frequency must accessible to viewers without requiring the latter to pass through a paywall.

Despite this, ABS-CBN created a paywall when it offered a pay-per-view (PPV) option for the 2015 Manny Pacquiao-Floyd Mayweather match [2].

Aside from the Pacquiao-Mayweather Fight, OSG said ABS-CBN also had PPV offerings for 2016's Donaire-Bedak Fight, 2017's Magsayo v Diaz, and several other shows, with the latest being a PPV offering for a 2019 TNT BOYS concert and a KBO99 promo where users can pay 99 pesos to watch movies [3].



OSG said ABS-CBN provided paid options without securing prior authorization from NTC as required in Section 3 of RA 7966 [4], otherwise known as the law granting ABS-CBN's franchise, which states:

"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. xxxx"

SOURCES:

[1] Office of the Solicitor General. Republic vs ABS-CBN. G.R. 251358. page 11. 10 Feb 2020.http://bit.ly/31M08Zx

[2] ABS-CBN. ABS-CBN TVplus offers pay-per-view of Pacquiao-Mayweather Mega Fight. http://bit.ly/31OUHcb

[3] Office of the Solicitor General. Republic vs ABS-CBN. G.R. 251358. pages 11-12. 10 Feb 2020.http://bit.ly/31M08Zx

[4] Congress of the Philippines. An Act Granting the ABS-CBN Broadcasting Corporation a Franchise to Construct, Install, Operate and Maintain Television and Radio Broadcasting Stations in the Philippines, and for other purposes. RA No. 7966. 30 March 1995. http://bit.ly/2QKK1WX

Source: Thinking Pinoy FB Page

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