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. 9131 April 24, 2001
AN ACT GRANTING THE IDDES BROADCAST GROUP, INC., 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 Iddes Broadcast Group, Inc., 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 in 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 IDDES BROADCAST GROUP
Republic Act No. 9131
Summary of Republic Act No. 9131
Nature and Scope of Franchise (Section 1):
- Grants Iddes Broadcast Group, Inc. (the grantee) a franchise to construct, install, establish, operate and maintain radio and television broadcasting stations in the Philippines for commercial purposes and public interest.
- Allows the use of any available frequencies, channels, and new technologies for radio and television broadcasting.
Manner of Operation (Section 2):
- The stations shall be operated in a manner that results in minimum interference with existing stations.
- The grantee has the right to use its selected wavelengths or frequencies and maintain quality transmission.
Prior Approval of NTC (Section 3):
- The grantee must secure appropriate permits and licenses from the National Telecommunications Commission (NTC) for construction and operation of stations.
- The NTC shall not unreasonably withhold or delay the grant of authority.
Responsibility to the Public (Section 4):
- The grantee shall provide adequate public service time for government to reach the population on important issues.
- Provide sound and balanced programming, assist in public information and education.
- Conform to ethics of honest enterprise, and not broadcast obscene, indecent, or false content.
Right of Government (Section 5):
- The President can temporarily take over, suspend operations, or authorize government use of the stations during war, rebellion, public peril, calamity, emergency, or disturbance of peace and order, with due compensation to the grantee.
- The radio spectrum is part of the national patrimony, and its use is a privilege that may be withdrawn after due process.
Term of Franchise (Section 6):
- The franchise is valid for 25 years from the date of effectivity, unless revoked or cancelled earlier.
- The franchise shall be revoked if the grantee fails to: (a) commence operations within 1 year from NTC permit approval, (b) operate continuously for 2 years, or (c) commence operations within 3 years from the effectivity of this Act.
Acceptance and Compliance (Section 7):
- The grantee must accept the franchise in writing within 60 days from the effectivity of this Act.
- Non-acceptance shall render the franchise void.
Bond (Section 8):
- The grantee shall file a bond determined by the NTC to guarantee compliance with the franchise conditions.
- If the grantee fulfills the conditions within 3 years from the permit approval, the bond shall be cancelled; otherwise, it shall be forfeited to the government, and the franchise revoked.
Tax Provisions (Section 9):
- The grantee shall be subject to payment of all taxes, duties, fees, and charges under the National Internal Revenue Code of 1997 and other applicable laws, unless specifically exempted.
- All rights, privileges, benefits, and exemptions accorded to existing and future broadcasting station franchises shall likewise be extended to the grantee.
Self-regulation and Undertaking (Section 10):
- The grantee shall not require previous censorship of any broadcast content.
- However, the grantee must cut off from the air any content that incites treason, rebellion, sedition, or is indecent or immoral; willful failure to do so shall be a valid cause for franchise cancellation.
Obligation of Grantee (Section 11):
- Any person aggrieved by any remark, report, statement, commentary, or the like by broadcasters using the grantee's facilities shall have the right to reply in the same program or any other program of their choice.
Warranty in Favor of Governments (Section 12):
- The grantee shall hold the national, provincial, city, and municipal governments harmless from all claims, accounts, demands, or actions arising out of accidents or injuries caused by the construction or operation of the stations.
Sale, Lease, Transfer, Usufruct, etc. (Section 13):
- The grantee shall not lease, transfer, grant usufruct, sell, assign this franchise or the rights and privileges acquired thereunder, or merge with any other entity without the prior approval of the Congress of the Philippines.
- Any entity to which this franchise is sold, transferred, or assigned shall be subject to the same conditions, terms, restrictions, and limitations of this Act.
Dispersal of Ownership (Section 14):
- In accordance with constitutional provisions to encourage public participation in public utilities, the grantee shall offer at least 30% of its outstanding capital stock, or a higher percentage as may be provided by law, in any securities exchange in the Philippines within 5 years from the time it has achieved the status of a national broadcasting network (defined as operating 3 or more radio and/or television stations).
- Non-compliance shall render the franchise ipso facto revoked.
General Broadcast Policy Law (Section 15):
- The grantee shall comply with and be subject to the provisions of a general broadcast policy law which Congress may hereafter enact.
Equality Clause (Section 16):
- Any advantage, favor, privilege, exemption, or immunity granted under existing franchises or may hereafter be granted shall become part of previously granted telecommunications franchises and shall be accorded immediately and unconditionally to the grantees of such franchises, except for provisions concerning territory covered, life span of the franchise, or type of service authorized.
Separability Clause (Section 17):
- If any section or provision of this Act is held invalid, all other provisions not affected shall remain valid.
Repealability and Non-exclusivity Clause (Section 18):
- This franchise shall be subject to amendment, alteration, or repeal by the Congress of the Philippines when the public interest so requires, and shall not be interpreted as an exclusive grant of the privileges provided.
Reportorial Requirement (Section 19):
- The grantee shall submit an annual report to the Congress of the Philippines on its compliance with the terms and conditions of the franchise and on its operations within 60 days from the end of every year.
Effectivity (Section 20):
- This Act shall take effect 15 days from the date of its publication, upon the initiative of the grantee, in at least two newspapers of general circulation in the Philippines.
Nature and Scope of Franchise (Section 1):
- Grants Iddes Broadcast Group, Inc. (the grantee) a franchise to construct, install, establish, operate and maintain radio and television broadcasting stations in the Philippines for commercial purposes and public interest.
- Allows the use of any available frequencies, channels, and new technologies for radio and television broadcasting.
Manner of Operation (Section 2):
- The stations shall be operated in a manner that results in minimum interference with existing stations.
- The grantee has the right to use its selected wavelengths or frequencies and maintain quality transmission.
Prior Approval of NTC (Section 3):
- The grantee must secure appropriate permits and licenses from the National Telecommunications Commission (NTC) for construction and operation of stations.
- The NTC shall not unreasonably withhold or delay the grant of authority.
Responsibility to the Public (Section 4):
- The grantee shall provide adequate public service time for government to reach the population on important issues.
- Provide sound and balanced programming, assist in public information and education.
- Conform to ethics of honest enterprise, and not broadcast obscene, indecent, or false content.
Right of Government (Section 5):
- The President can temporarily take over, suspend operations, or authorize government use of the stations during war, rebellion, public peril, calamity, emergency, or disturbance of peace and order, with due compensation to the grantee.
- The radio spectrum is part of the national patrimony, and its use is a privilege that may be withdrawn after due process.
Term of Franchise (Section 6):
- The franchise is valid for 25 years from the date of effectivity, unless revoked or cancelled earlier.
- The franchise shall be revoked if the grantee fails to: (a) commence operations within 1 year from NTC permit approval, (b) operate continuously for 2 years, or (c) commence operations within 3 years from the effectivity of this Act.
Acceptance and Compliance (Section 7):
- The grantee must accept the franchise in writing within 60 days from the effectivity of this Act.
- Non-acceptance shall render the franchise void.
Bond (Section 8):
- The grantee shall file a bond determined by the NTC to guarantee compliance with the franchise conditions.
- If the grantee fulfills the conditions within 3 years from the permit approval, the bond shall be cancelled; otherwise, it shall be forfeited to the government, and the franchise revoked.
Tax Provisions (Section 9):
- The grantee shall be subject to payment of all taxes, duties, fees, and charges under the National Internal Revenue Code of 1997 and other applicable laws, unless specifically exempted.
- All rights, privileges, benefits, and exemptions accorded to existing and future broadcasting station franchises shall likewise be extended to the grantee.
Self-regulation and Undertaking (Section 10):
- The grantee shall not require previous censorship of any broadcast content.
- However, the grantee must cut off from the air any content that incites treason, rebellion, sedition, or is indecent or immoral; willful failure to do so shall be a valid cause for franchise cancellation.
Obligation of Grantee (Section 11):
- Any person aggrieved by any remark, report, statement, commentary, or the like by broadcasters using the grantee's facilities shall have the right to reply in the same program or any other program of their choice.
Warranty in Favor of Governments (Section 12):
- The grantee shall hold the national, provincial, city, and municipal governments harmless from all claims, accounts, demands, or actions arising out of accidents or injuries caused by the construction or operation of the stations.
Sale, Lease, Transfer, Usufruct, etc. (Section 13):
- The grantee shall not lease, transfer, grant usufruct, sell, assign this franchise or the rights and privileges acquired thereunder, or merge with any other entity without the prior approval of the Congress of the Philippines.
- Any entity to which this franchise is sold, transferred, or assigned shall be subject to the same conditions, terms, restrictions, and limitations of this Act.
Dispersal of Ownership (Section 14):
- In accordance with constitutional provisions to encourage public participation in public utilities, the grantee shall offer at least 30% of its outstanding capital stock, or a higher percentage as may be provided by law, in any securities exchange in the Philippines within 5 years from the time it has achieved the status of a national broadcasting network (defined as operating 3 or more radio and/or television stations).
- Non-compliance shall render the franchise ipso facto revoked.
General Broadcast Policy Law (Section 15):
- The grantee shall comply with and be subject to the provisions of a general broadcast policy law which Congress may hereafter enact.
Equality Clause (Section 16):
- Any advantage, favor, privilege, exemption, or immunity granted under existing franchises or may hereafter be granted shall become part of previously granted telecommunications franchises and shall be accorded immediately and unconditionally to the grantees of such franchises, except for provisions concerning territory covered, life span of the franchise, or type of service authorized.
Separability Clause (Section 17):
- If any section or provision of this Act is held invalid, all other provisions not affected shall remain valid.
Repealability and Non-exclusivity Clause (Section 18):
- This franchise shall be subject to amendment, alteration, or repeal by the Congress of the Philippines when the public interest so requires, and shall not be interpreted as an exclusive grant of the privileges provided.
Reportorial Requirement (Section 19):
- The grantee shall submit an annual report to the Congress of the Philippines on its compliance with the terms and conditions of the franchise and on its operations within 60 days from the end of every year.
Effectivity (Section 20):
- This Act shall take effect 15 days from the date of its publication, upon the initiative of the grantee, in at least two newspapers of general circulation in the Philippines.