THE Court of Appeals (CA) has dismissed for lack of merit the petition of Central CATV, operator of SkyCable, questioning the decision of the National Telecommunications Commission (NTC) that the Lopez-led firm has arbitrarily changed the channel positions of television stations.

In its decision, the CA said the NTC exercised regulatory power over CATV operators such as “to fix, establish, or control; to adjust by rule, method or established mode; to direct by rule or restriction; or to subject to governing principles of laws.”

The NTC, in its decision dated April 25, 2003, ruled that Central CATV violated the provisions of Memorandum Circular 4-08088 or the Revised Rules and Regulations Governing Cable Television Systems in the Philippines when it unilaterally rechanneled the positions of free-to-air TV channels without securing the approval of the NTC.

It ordered the cable firm to carry the free-to-air television signal on its CATV system on the channel number at which the station is transmitting, except when technically unfeasible, in which case it shall be assigned the next nearest channel, which does not cause interference.

The decision against Central CATV stemmed from a petition filed by GMA Network in February 2003 seeking to investigate the unilateral act of rechanneling the VHF station of GMA in Metro Manila by SkyCable and affiliate Home Cable and to order the said cable firms to return and maintain the channel positioning of GMA’s VHF television station at Channel 12. 

A complaint was also filed by KBP against SkyCable for its rechanneling of UHF stations.

Sky Cable filed a motion for reconsideration with the NTC but the latter denied it. The cable firm then turned to the appellate court to nullify the said order.

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Appeals court junks SkyCable petition

THE Court of Appeals (CA) has dismissed for lack of merit the petition of Central CATV, operator of SkyCable, questioning the decision of the National Telecommunications Commission (NTC) that the Lopez-led firm has arbitrarily changed the channel positions of television stations.

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