Republic of the Philippines
CONGRESS OF THE PHILIPPINES
Metro ManilaEleventh Congress
Third Regular SessionBegun and held in Metro Manila, on Monday, the twenty-fourth day of July, two thousand.
REPUBLIC ACT NO. 9115 April 15, 2001
AN ACT GRANTING THE COMMUNITY MEDIA NETWORK, INCORPORATED, A FRANCHISE TO CONSTRUCT, INSTALL, ESTABLISH, OPERATE AND MAINTAIN RADIO AND TELEVISION BROADCASTING STATIONS IN THE PHILIPPINES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
Section 1. Nature and Scope of Franchise. - Subject to the provisions of the Constitution and applicable laws, rules and regulations, there is hereby granted to Community Media Network Incorporated, hereunder referred to as the grantee, its successors or assigns, a franchise to construct, install, establish, operate and maintain for commercial purposes and in the public interest, radio and television broadcasting stations throughout the Philippines, where frequencies and channels are still available for radio and television broadcasting, through microwave, satellite or whatever means, including the use of any new technologies in television and radio systems, with...
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Republic Acts
AN ACT GRANTING THE COMMUNITY MEDIA NETWORK
Republic Act No. 9115
This law grants Community Media Network Incorporated (the grantee) a franchise to construct, install, establish, operate and maintain radio and television broadcasting stations throughout the Philippines for commercial purposes and in the public interest.
Key provisions:
- Nature and Scope of Franchise (Section 1):
- Grantee can construct, install, establish, operate and maintain radio and TV stations throughout the Philippines.
- Can use microwave, satellite or any new technologies for broadcasting.
- Can have auxiliaries, facilities, special broadcast services, program distribution and relay stations.
- Manner of Operation (Section 2):
- Stations must operate in a way that results in minimum interference with existing stations.
- Grantee has the right to use its selected wavelengths/frequencies for quality transmission/reception.
- Prior Approval of NTC (Section 3):
- Grantee must secure permits and licenses from National Telecommunications Commission (NTC).
- NTC cannot unreasonably withhold or delay granting such authority.
- Responsibility to the Public (Section 4):
- Provide public service time for government to reach population on important issues.
- Provide sound and balanced programming.
- Assist in public information and education functions.
- Conform to ethics of honest enterprise.
- Not broadcast obscene, indecent, false information or incite subversive/treasonable acts.
- Right of Government (Section 5):
- President can temporarily take over stations during war, rebellion, peril, calamity, emergency or disturbance.
- President can temporarily suspend operations for public safety, security and welfare.
- Government can temporarily use stations, with due compensation to grantee.
- Radio spectrum is national patrimony and its use is a privilege that can be withdrawn.
- Term of Franchise (Section 6):
- Franchise is for 25 years from effectivity of the Act, unless revoked/cancelled sooner.
- Revoked if grantee fails to: commence operations within 1 year of NTC permit, operate continuously for 2 years, or commence within 3 years of Act's effectivity.
- Acceptance and Compliance (Section 7):
- Grantee must accept franchise in writing within 60 days of Act's effectivity.
- Non-acceptance renders franchise void.
- Bond (Section 8):
- Grantee must file bond determined by NTC to guarantee compliance with conditions.
- Bond cancelled after 3 years if grantee fulfills conditions, else forfeited.
- Tax Provisions (Section 9):
- Grantee subject to taxes, duties, fees under National Internal Revenue Code and other laws.
- Specific tax exemptions, incentives or privileges granted remain applicable.
- Grantee gets same rights/privileges as other broadcasting franchises.
- Self-regulation (Section 10):
- No prior censorship, but grantee must cut off treasonous, rebellious, seditious, indecent or immoral broadcasts.
- Willful failure is valid cause for cancellation.
- Obligation to Allow Reply (Section 11):
- Aggrieved party has right to reply on same or chosen program.
- Warranty to Government (Section 12):
- Grantee holds national/local governments harmless from claims arising from construction/operation.
- Restrictions on Sale/Transfer (Section 13):
- Grantee cannot lease, transfer, sell, assign franchise or merge controlling interest without Congress approval.
- General Broadcast Policy (Section 14):
- Grantee must comply with general broadcast policy law that may be enacted.
- Equality Clause (Section 15):
- Advantages granted to other franchises also apply to this grantee, except territory, lifespan and service type.
- Other Provisions:
- Separability clause (Section 16)
- Repealability and non-exclusivity clause (Section 17)
- Annual report to Congress on compliance (Section 18)
- Effectivity 15 days after publication in newspapers (Section 19)
Key provisions:
- Nature and Scope of Franchise (Section 1):
- Grantee can construct, install, establish, operate and maintain radio and TV stations throughout the Philippines.
- Can use microwave, satellite or any new technologies for broadcasting.
- Can have auxiliaries, facilities, special broadcast services, program distribution and relay stations.
- Manner of Operation (Section 2):
- Stations must operate in a way that results in minimum interference with existing stations.
- Grantee has the right to use its selected wavelengths/frequencies for quality transmission/reception.
- Prior Approval of NTC (Section 3):
- Grantee must secure permits and licenses from National Telecommunications Commission (NTC).
- NTC cannot unreasonably withhold or delay granting such authority.
- Responsibility to the Public (Section 4):
- Provide public service time for government to reach population on important issues.
- Provide sound and balanced programming.
- Assist in public information and education functions.
- Conform to ethics of honest enterprise.
- Not broadcast obscene, indecent, false information or incite subversive/treasonable acts.
- Right of Government (Section 5):
- President can temporarily take over stations during war, rebellion, peril, calamity, emergency or disturbance.
- President can temporarily suspend operations for public safety, security and welfare.
- Government can temporarily use stations, with due compensation to grantee.
- Radio spectrum is national patrimony and its use is a privilege that can be withdrawn.
- Term of Franchise (Section 6):
- Franchise is for 25 years from effectivity of the Act, unless revoked/cancelled sooner.
- Revoked if grantee fails to: commence operations within 1 year of NTC permit, operate continuously for 2 years, or commence within 3 years of Act's effectivity.
- Acceptance and Compliance (Section 7):
- Grantee must accept franchise in writing within 60 days of Act's effectivity.
- Non-acceptance renders franchise void.
- Bond (Section 8):
- Grantee must file bond determined by NTC to guarantee compliance with conditions.
- Bond cancelled after 3 years if grantee fulfills conditions, else forfeited.
- Tax Provisions (Section 9):
- Grantee subject to taxes, duties, fees under National Internal Revenue Code and other laws.
- Specific tax exemptions, incentives or privileges granted remain applicable.
- Grantee gets same rights/privileges as other broadcasting franchises.
- Self-regulation (Section 10):
- No prior censorship, but grantee must cut off treasonous, rebellious, seditious, indecent or immoral broadcasts.
- Willful failure is valid cause for cancellation.
- Obligation to Allow Reply (Section 11):
- Aggrieved party has right to reply on same or chosen program.
- Warranty to Government (Section 12):
- Grantee holds national/local governments harmless from claims arising from construction/operation.
- Restrictions on Sale/Transfer (Section 13):
- Grantee cannot lease, transfer, sell, assign franchise or merge controlling interest without Congress approval.
- General Broadcast Policy (Section 14):
- Grantee must comply with general broadcast policy law that may be enacted.
- Equality Clause (Section 15):
- Advantages granted to other franchises also apply to this grantee, except territory, lifespan and service type.
- Other Provisions:
- Separability clause (Section 16)
- Repealability and non-exclusivity clause (Section 17)
- Annual report to Congress on compliance (Section 18)
- Effectivity 15 days after publication in newspapers (Section 19)