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    Public Utilities Law

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    Aya Beltran
    This document discusses various topics related to transportation and media law in the Philippines: 1) It addresses questions about franchise renewal requirements for ABS-CBN and discusses the Supreme Court's potential role if Congress grants a new legislative franchise. 2) It covers laws around salvage vs towage, air transportation regulations, public utilities ownership rules for media companies, and the police power to regulate rates. 3) Questions are answered on the powers of the NTC regarding franchise cancellation, potential discrimination claims if a new franchise is not granted, and cable TV operators' rights to broadcast free-to-air channels.

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    Public Utilities Law

    Uploaded by

    Aya Beltran
    17 views2 pages
    This document discusses various topics related to transportation and media law in the Philippines: 1) It addresses questions about franchise renewal requirements for ABS-CBN and discusses the Supreme Court's potential role if Congress grants a new legislative franchise. 2) It covers laws around salvage vs towage, air transportation regulations, public utilities ownership rules for media companies, and the police power to regulate rates. 3) Questions are answered on the powers of the NTC regarding franchise cancellation, potential discrimination claims if a new franchise is not granted, and cable TV operators' rights to broadcast free-to-air channels.

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    This document discusses various topics related to transportation and media law in the Philippines: 1) It addresses questions about franchise renewal requirements for ABS-CBN and discusses the Supreme Court's potential role if Congress grants a new legislative franchise. 2) It covers laws around salvage vs towage, air transportation regulations, public utilities ownership rules for media companies, and the police power to regulate rates. 3) Questions are answered on the powers of the NTC regarding franchise cancellation, potential discrimination claims if a new franchise is not granted, and cable TV operators' rights to broadcast free-to-air channels.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    17 views2 pages

    Public Utilities Law

    Uploaded by

    Aya Beltran
    This document discusses various topics related to transportation and media law in the Philippines: 1) It addresses questions about franchise renewal requirements for ABS-CBN and discusses the Supreme Court's potential role if Congress grants a new legislative franchise. 2) It covers laws around salvage vs towage, air transportation regulations, public utilities ownership rules for media companies, and the police power to regulate rates. 3) Questions are answered on the powers of the NTC regarding franchise cancellation, potential discrimination claims if a new franchise is not granted, and cable TV operators' rights to broadcast free-to-air channels.

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    © All Rights Reserved
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    Download as docx, pdf, or txt
    of 2

    SALVAGE VS.

    TOWAGE
    Q: Can you file for a renewal of your franchise?
    - Salvage: Salvage Law; Towage: Quasi- A: YES. Comply to requirements esp.
    Contract (Civil Law) requirements on ownership.
    - Abandoned dapat ang ship pag salvage.
    Mas malaki compensation WITH RESPECT TO THE PETITION OF
    TEMPORARY RESTRAINING ORDER FILED IN
    INTENTION TO RETURN THE SUPREME COURT:
    - Captain or shipmaster is the last man in
    the vessel Recently, ABS-CBN filed a TRO against the NTC
    - If there is the slightest hope to save the on their order re: signing off the broadcasting
    vessel corporation.

    As of now, there is no order to suspend kasi


    AIR TRANSPORTATION expired na ang franchise itself. Since a
    restraining order is to suspend an order.
    - Guatemala protocol does not apply in PH However, expired na, wala pang isususpend ang
    - CAB – economic regulations; the rest, Supreme Court kasi hindi pa na-finalize ang
    CAAP procedure sa kamara. However, if the legislative
    - Sa aircraft, naka-indicate yung nationality franchise is granted in the Congress, the SC may
    of the State. If sa PH, nakaindicate yung grant cease and desist on the order of the NTC.
    “RP”
    - 60% Filipino owned Q: May power ba ang NTC to cancel a franchise?
    - conveyances should be registered in A: NO. Contrary to Bill of Rights
    CAAP
    Q: Did it exercise the power to cancel the
    franchise of ABSCBN sa cease and desist order na
    PUBLIC UTILITIES LAW nirelease nila?
    A: No.
    On field of media (ex: ABS-CBN) – must be 100%
    Filipino ownership. CONSTITUTIONAL Q: May ABSCBN claim discrimination if hindi sila
    PROVISION. ma-grant ng franchise?
    A:
    Q: How long ang franchise?
    A: 50 years, maximum. Q: May cable tv operators use free to air channel
    in their broadcast?
    Q: Can it be extended? A:
    A: Yes, for another 50 years.
    POLICE POWER: Regulation and issuance of rates
    Q: Is franchise exclusive in character?
    A: NO. Non-exclusivity clause (Art 11, Sec. 11, Who regulates?
    1987 Constitution) Depends on the agency involve
    * it will be contrary to public interest. No
    monopoly or duopoly tolerated. Basis of regulation of rate:
    In tricycle: legislative part of LGU
    Q: Expired franchise: can it still be extended?
    A: No, on the ground that there is no more Basis on fixing or determining the rate:
    franchise to extend per se. Public intetest vs. ROI, page 731 Aquino

    Remedy: Seek another legislative franchise Cooperative registration


    - Cooperative Development Authority
    PERKS:
    - Tax purposes
    - Help from the National Government (ex:
    pautang)

    BIKES and E-BIKES? For review if pwede


    irehistro as vehicle

    Grounds of revocation or cancellation


    - Misrepresentation
    -

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