In Ormoc, radio station’s legality questioned

ORMOC CITY – The compliance of legal requisites for the existence of a new radio station in Ormoc appears to be in order. This was the consensus reached by the 13th Sangguniang Panlungsod’s (SP) Committee on Transportation and Communication on Tuesday in relation to the operation of DYDR-FM 100.7.

The committee meeting was to investigate a complaint on the absence of an SP franchise on DYDR’s operation. The complainant pointed out that since the station is on test broadcast based on its provisional authority to operate, it should only relay programs from its mother station in Tacloban City. However, it is airing programs and commercials from Ormoc, the complaint said.

Legal counsel Renato Esmale provided a copy of RA 9773 or An Act Granting Philippine Collective Media Corp. ( owner of DYDR) a franchise to construct, install, establish and maintain radio and television ( TV) Broadcasting Stations in Region 8. The law was passed on July 27, 2009 and approved by President Gloria Macapagal Arroyo on Nov. 14 that same year.

Esmale also explained that based on its provisional authority, Philippine Collective Media Corp. is granted the authority to operate a radio station in Ormoc and not just test broadcast. He explained that DYDR’s operation is well within its 18-month PA considering it went on air last January 1.

He explained that since DYDR’s existence is based on a national law, it does not need a franchise from the SP. He cited the case of Batangas Cable TV vs. Batangas SP in which the Supreme Court decided on Sept. 29, 2004 that the power to grant franchises to broadcast facilities belongs to Congress while regulatory powers is vested solely on the National Telecommunications Commission (NTC).

Meanwhile, permits, licensing and franchising chief Emilio Tingson said that among the three radio stations operating in Ormoc, only 107.1 Hot FM requires an SP franchise. This is because the franchise of operator Manila Broadcasting Corp. is limited in Manila.

Another station, DYAJ 90.3 Power FM, doesn’t need an SP franchise because the franchise of its owner, Word Broadcasting Corp., covers the entire Visayas. But DYAJ applied for a local franchise just the same which the SP granted. As for DYDR, Tingson agrees it doesn’t need an SP franchise.

Councilor Gerardo Eusebio Penserga, committee chairman, read a letter to him from NTC regional director Samuel A. Young which states: “Be informed that DYDR-FM has a congressional franchise and does not need a franchise from the Sangguniang Panlungsod of Ormoc City.

“It is just ministerial on the part of NTC central office to issue a provisional authority to the said station. Our duty here in the region is to monitor and inspect the said station as regards to its compliance with the technical requirements of the issued authorization. Hoping that this would clarify your doubts as to the legitimacy of the mentioned station.”