Republic of the Philippines
Congress of the Philippines
Metro ManilaTwelfth Congress
Third Regular SessionBegun and held in Metro Manila, on Monday, the twenty-eight day of July, two thousand three.
Republic Act No. 9277 March 28, 2004
AN ACT GRANTING THE LEYTE STATE UNIVERSITY A FRANCHISE TO CONSTRUCT, INSTALL, ESTABLISH, OPERATE AND MAINTAIN FOR EDUCATIONAL AND NON-COMMERCIAL PURPOSES RADIO AND TELEVISION BROADCASTING STATIONS WITHIN THE CAMPUSES OF LEYTE STATE UNIVERSITY
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 Leyte State University, hereunder referred to as the grantee, a franchise to construct, install, establish, operate and maintain for educational and non-profit purposes and in the public interest, radio and television broadcasting stations within the campuses of Leyte State University, where frequencies and/or channels are still available for radio broadcasting through microwave, satellite or whatever means, including the use of any...
Details
Amends
n/a
Amended by
n/a
Republic Acts
AN ACT GRANTING THE LEYTE STATE UNIVERSITY A FRANCHISE TO CONSTRUCT
Republic Act No. 9277
Summary of Republic Act No. 9277
Nature and Scope of Franchise (Section 1):
- Grants Leyte State University a franchise to construct, install, establish, operate and maintain radio and television broadcasting stations for educational and non-profit purposes within its campuses.
- Allows the use of any available frequencies, channels, and new technologies for radio and television broadcasting.
Manner of Operation (Section 2):
- Stations must be operated in a manner that results in minimum interference with existing stations.
- Radiated power should not exceed the required level to cover the allowed area of operation.
Prior Approval of NTC (Section 3):
- Grantee must secure appropriate permits and licenses from the National Telecommunications Commission (NTC) for construction and operation of stations.
- NTC shall not unreasonably withhold or delay the grant of authority.
Responsibility to the Public (Section 4):
- 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 stations during war, rebellion, public peril, calamity, emergency, disaster, 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 twenty-five (25) years from the date of effectivity of this Act, unless revoked or cancelled.
- The franchise shall be deemed revoked if the grantee fails to:
a) Commence operations within one (1) year from NTC permit approval.
b) Operate continuously for two (2) years.
c) Commence operations within three (3) years from the effectivity of this Act.
Acceptance and Compliance (Section 7):
- Acceptance of the franchise must be given in writing within sixty (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 three (3) years from the permit approval, the bond shall be cancelled; otherwise, it shall be forfeited to the government, and the franchise revoked.
Self-regulation by Grantee (Section 9):
- 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 constitute a valid cause for franchise cancellation.
Obligation of Grantee (Section 10):
- 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 National and Local Governments (Section 11):
- The grantee shall hold the national, provincial, city, and municipal governments free from all claims, accounts, demands, or actions arising out of accidents or injuries caused by the construction or operation of the stations.
Non-Transferability of Franchise (Section 12):
- The grantee shall not lease, transfer, grant usufruct, sell, assign, or merge the franchise or the rights and privileges acquired thereunder to any person, firm, company, corporation, or other commercial or legal entity.
General Broadcaster Policy Law (Section 13):
- The grantee shall comply with and be subject to the provisions of a general broadcast policy law that Congress may enact in the future.
Equality Clause (Section 14):
- Any advantage, favor, privilege, exemption, or immunity granted under existing or future franchises shall automatically become part of this franchise, except for provisions concerning territory covered, life span, or type of service authorized.
Reportorial Requirement (Section 15):
- The grantee shall submit an annual report to the Congress of the Philippines on its compliance with the franchise terms and conditions and its operations within sixty (60) days from the end of every year.
Separability Clause (Section 16):
- If any section or provision of this Act is held invalid, all other provisions not affected shall remain valid.
Repealing and Non-exclusivity Clause (Section 17):
- This franchise shall be subject to amendment, alteration, or repeal by the Congress of the Philippines when the public interest so requires.
- It shall not be interpreted as an exclusive grant of the privileges provided.
Effectivity Clause (Section 18):
- This Act shall take effect fifteen (15) days from the date of its publication in at least two (2) newspapers of general circulation in the Philippines, upon the initiative of the grantee.
Nature and Scope of Franchise (Section 1):
- Grants Leyte State University a franchise to construct, install, establish, operate and maintain radio and television broadcasting stations for educational and non-profit purposes within its campuses.
- Allows the use of any available frequencies, channels, and new technologies for radio and television broadcasting.
Manner of Operation (Section 2):
- Stations must be operated in a manner that results in minimum interference with existing stations.
- Radiated power should not exceed the required level to cover the allowed area of operation.
Prior Approval of NTC (Section 3):
- Grantee must secure appropriate permits and licenses from the National Telecommunications Commission (NTC) for construction and operation of stations.
- NTC shall not unreasonably withhold or delay the grant of authority.
Responsibility to the Public (Section 4):
- 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 stations during war, rebellion, public peril, calamity, emergency, disaster, 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 twenty-five (25) years from the date of effectivity of this Act, unless revoked or cancelled.
- The franchise shall be deemed revoked if the grantee fails to:
a) Commence operations within one (1) year from NTC permit approval.
b) Operate continuously for two (2) years.
c) Commence operations within three (3) years from the effectivity of this Act.
Acceptance and Compliance (Section 7):
- Acceptance of the franchise must be given in writing within sixty (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 three (3) years from the permit approval, the bond shall be cancelled; otherwise, it shall be forfeited to the government, and the franchise revoked.
Self-regulation by Grantee (Section 9):
- 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 constitute a valid cause for franchise cancellation.
Obligation of Grantee (Section 10):
- 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 National and Local Governments (Section 11):
- The grantee shall hold the national, provincial, city, and municipal governments free from all claims, accounts, demands, or actions arising out of accidents or injuries caused by the construction or operation of the stations.
Non-Transferability of Franchise (Section 12):
- The grantee shall not lease, transfer, grant usufruct, sell, assign, or merge the franchise or the rights and privileges acquired thereunder to any person, firm, company, corporation, or other commercial or legal entity.
General Broadcaster Policy Law (Section 13):
- The grantee shall comply with and be subject to the provisions of a general broadcast policy law that Congress may enact in the future.
Equality Clause (Section 14):
- Any advantage, favor, privilege, exemption, or immunity granted under existing or future franchises shall automatically become part of this franchise, except for provisions concerning territory covered, life span, or type of service authorized.
Reportorial Requirement (Section 15):
- The grantee shall submit an annual report to the Congress of the Philippines on its compliance with the franchise terms and conditions and its operations within sixty (60) days from the end of every year.
Separability Clause (Section 16):
- If any section or provision of this Act is held invalid, all other provisions not affected shall remain valid.
Repealing and Non-exclusivity Clause (Section 17):
- This franchise shall be subject to amendment, alteration, or repeal by the Congress of the Philippines when the public interest so requires.
- It shall not be interpreted as an exclusive grant of the privileges provided.
Effectivity Clause (Section 18):
- This Act shall take effect fifteen (15) days from the date of its publication in at least two (2) newspapers of general circulation in the Philippines, upon the initiative of the grantee.