QC court denies injunction bid vs. NTC's cease and desist order | Inquirer Business

QC court denies injunction bid vs. NTC’s cease and desist order

/ 05:49 PM October 06, 2022

MANILA, Philippines — The Quezon City Regional Trial Court (RTC) denied NOW Cable Inc.’s petition for a preliminary injunction against a September 2021 cease and desist order issued by the National Telecommunications Commission (NTC).

NTC issued the cease and desist order last year against NOW Cable following the expiration of its 25-year legislative franchise to operate pay cable television and interactive multimedia services.

ADVERTISEMENT

Subsequently, NTC recalled the company’s assigned frequencies at 26.35 and 27.35  gigahertz, including all its channel and provisional authorities, for lack of a legislative franchise.

But the cable firm maintained it is a holder of a temporary permit that grants it  the authority to operate until February 2024

FEATURED STORIES

It added that the NTC has yet to provide them a copy of the cease and desist order.

“It (the company) will suffer grave and irreparable injury if forced to shut down its Pay TV or Cable TV operations. The power of the government should not be used as a blanket authority to confiscate private property that comprises the lifeblood of its business,” NOW Cable said.

In the decision, Quezon City RTC Branch 91 Presiding Judge Kathleen Sario Dela Cruz-Espinosa said the cable firm failed to prove its clear and unmistakable right to be protected by an injunction.

“From the foregoing asseverations of the plaintiff vis a vis the opposition and reply filed, this court finds that the plaintiff could not be said to have been able to protect its right in esse or its clear and unmistakable right to be protected by the writ it is praying for,” according to the 6-page counrt decision dated Sept. 8 but made public on Thursday.

“At this stage of the controversy, therefore, inasmuch as plaintiff’s right in esse is not clear and unmistakable, the court could not grant the preliminary injunction prayed for,” it added.

The court added that NOW Cable also failed to question the existence and due execution, and authenticity of the cease and desist order issued by the NTIC.

“Thus,  the sole issue for the court’s determination is whether or not, under the foregoing factual milieu, a writ of preliminary injunction may be issued to enjoin defendant NTC from implementing the cease and desist order,” the court said.

ADVERTISEMENT

RELATED STORIES:

NTC asked to recall NOW Telecom’s radio frequencies

NOW Telecom gets provisional extension to operate as ‘4th telco’

Read Next
Don't miss out on the latest news and information.

Subscribe to INQUIRER PLUS to get access to The Philippine Daily Inquirer & other 70+ titles, share up to 5 gadgets, listen to the news, download as early as 4am & share articles on social media. Call 896 6000.

TAGS: National Telecommunications Commission, NOW, Regional Trial Court
For feedback, complaints, or inquiries, contact us.

Subscribe to our business news

By providing an email address. I agree to the Terms of Use and acknowledge that I have read the Privacy Policy.



© Copyright 1997-2022 INQUIRER.net | All Rights Reserved

We use cookies to ensure you get the best experience on our website. By continuing, you are agreeing to our use of cookies. To find out more, please click this link.