I like many an EWTN show but at the same time it rubs me the wrong way when it comes to submission. It specifically and nefariously avoided the bishops having any relationship with it or having any power over it. Now if it is truly a “Catholic” entity it should want to be in the hands of the shepards chosen by God instead of avoiding them. It still has good shows though, I like Father Pacwa and love me my Father Rutler. Yet it always reminds me that people always want power and refuse to submit.
The answer to your question is very simple. EWTN was founded by the Franciscan Order. The Franciscan Order has its own Ordinaries. Canon Law does not allow two Ordinaries simultaneous jurisdiction over the same group of people.
Because the Franciscan Order is an exempt religious order, its major superiors are their Ordinaries, not the bishops. This is the case all over the world.
If EWTN were surrendered to the bishops the Franciscans would no longer be the Ordinaries over a ministry that is proper to their order, which their order founded and for which their order raised the funds.
For IRS purposes, EWTN is a non-profit private corporation with its own Board of Directors. But it is free. That means that no cable network has to pay to transmit it. There are no fees involved for the cable companies. The Franciscan Order did not want to make money from EWTN. It functions completely from donations.
Contrary to popular rumours, Mother Angelica was not thrown out. Because of her age and health the Eternal Word Missionary Friars, then under the direction of the Friars Minor Capuchin, took over the project. The Board never changed. It is still composed of Franciscans, lay theologians, deacons, secular priests, business people and people in the arts.
Neither the Franciscans nor the Board own EWTN. It is owned by itself. Nonetheless, the Second Order Franciscans (Poor Clares) founded it. Then the leadership passed into the hands of the Third Order Franciscans (Franciscan Missionaries of the Eternal Word).
Notice that we’re talking about the leadership, not the ownership. It is not owned by anyone. It is its own owner.
In the event that the Eternal Word Missionaries decide to pull out of this ministry, then it would pass into the hands of the bishop of the diocese. Should he not want it, then it would pass into the hands of the Conference of Bishops. This is the way that Franciscans manage all of their ministries.
Not a single Franciscan ministry around the world falls under the jurisdiction of the Bishops. This is also true of Benedictines, Caremelites, Dominicans, Jesuits and Augustinians. These religious families are exempt orders of pontifical rite. Only the Holy Father has authority over their ministries.
This has nothing to do with ministries that they run for the bishops. In those cases the Bishop is the ordinary. But EWTN is not one of them. The Bishops did not found it, they did not provide the funds, nor did they provide the leadership.
Therefore, according to canon law, the religious order has the freedom to set it up in compliance with Canon Law and the Constitutions of their order.
The Poor Clares and the Franciscan Missionaries of the Eternal Word have been leading this ministry for many years. Although the Franciscan Missionaries of the Eternal Word are not a religious order yet, they come under the protection of the Poor Clares and the Capuchin Franciscans, which are exempt orders.
Someday, as usually happens, the Fraciscans will decided that its time to move on to a new ministry and offer it to the bishop. They will not sell it to him. They will give it over completely free. The Rule of St. Francis does not allow them to profit from the Church.
Traditionally, they have never sold any of their ministries to any diocese or Bishops’ Conference. They have always moved on to a new mission as the Spirit guides them when the spirit guides them. When they do, they leave everything behind. The bishops will inherit a network with a complete infrastructure, buildings and technology.
Hope this helps,
Fraternally,
JR
