Makati court junks Newsnet frequency appeal

Previously, on 31 July 2023, the RTC had also denied Newsnet’s application for a temporary restraining order against the implementation of NTC Memorandum Circular 003-05-2023, dated 23 May 2023

A Makati court has dismissed News and Entertainment Network Corp.’s petition to halt the implementation of a National Telecommunications Commission memorandum circular that reallocated its frequency to International Mobile Telecommunications service.

Newsnet, a cable television, or CATV, network associated with businessman Mel Velarde’s NOW Corp. and NOW Telecom Company Inc., earlier sought to prevent the NTC from reassigning its frequency, arguing that it violated their rights and would result in irreparable damage to their business.

The company filed a complaint against the NTC and filed a writ of preliminary injunction on 5 July 2023.

However, the Makati City Regional Trial Court Branch 13, in a 16-page order dated 4 March, denied the application for the injunction. The decision was penned by Presiding Judge Maricris Pahate-Felix.

On 31 July 2023, the RTC had also denied Newsnet’s application for a temporary restraining order against the implementation of NTC Memorandum Circular 003-05-2023, dated 23 May 2023.

“After due consideration of the evidence presented by both parties, this Court holds that plaintiff (Newsnet) was unable to establish a definite and enforceable right that would entitle it to a writ of preliminary injunction,” the court decision read.

Following the filing of NTC’s response to the complaint on 14 September 2023, the RTC directed its clerk of court to schedule a pre-trial conference and issue relevant notices to the parties involved.

The case stemmed from NTC’s decision to reallocate Newsnet’s frequency for the terrestrial component of IMT, a term used by the International Telecommunication Union to refer to broadband mobile systems.