Republic of the Philippines
CONGRESS OF THE PHILIPPINES
Metro ManilaFourteenth Congress
Second Regular SessionBegun and held in Metro Manila, on Monday, the twenty - seventh day of July, two thousand nine.
Republic Act No. 9773
AN ACT GRANTING THE PHILIPPINE COLLECTIVE MEDIA CORPORATION A FRANCHISE TO CONSTRUCT, INSTALL, ESTABLISH, OPERATE AND MAINTAIN RADIO AND TELEVISION BROADCASTING STATIONS IN REGION VIII (EASTERNVISAYAS)
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 Philippine Collective media Corporation, 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/or television broadcasting stations in Region VIII (Eastern Visayas), where frequencies and/or channels are still available for radio and/or television broadcasting, through microwave, satellite or whatever means, including the use of any new technologies in radio and television...
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Republic Acts
AN ACT GRANTING THE PHILIPPINE COLLECTIVE MEDIA CORPORATION A FRANCHISE TO CONSTRUCT
Republic Act No. 9773
Summary of Republic Act No. 9773
Nature and Scope of Franchise (Section 1):
- Grants Philippine Collective Media Corporation (the grantee) a franchise to construct, install, establish, operate and maintain radio and/or television broadcasting stations in Region VIII (Eastern Visayas).
- Allows the use of any new technologies in radio and television broadcasting.
- Permits the operation of corresponding technological auxiliaries, facilities, special broadcast and other program and distribution services, and relay stations.
Manner of Operation (Section 2):
- Stations shall be operated in a manner that results in minimum interference on existing stations' wavelengths or frequencies.
- The grantee has the right to use its selected wavelengths or frequencies and maintain quality transmission or reception.
Prior Approval of NTC (Section 3):
- The grantee must secure appropriate permits and licenses from the National Telecommunications Commission (NTC) for construction and operation.
- The grantee cannot use any frequency without NTC authorization, but NTC shall not unreasonably withhold or delay such authorization.
Responsibility to the Public (Section 4):
- The grantee shall provide adequate public service time for government to reach the population on important public issues.
- The grantee shall provide sound and balanced programming, assist in public information and education, conform to ethics of honest enterprise.
- The grantee shall not broadcast obscene, indecent, false or misrepresented content, or content inciting subversive or treasonable acts.
Right of Government (Section 5):
- The President can temporarily take over, suspend operations, or authorize temporary use of the grantee's stations in times of war, rebellion, public peril, calamity, emergency, disaster or disturbance of peace and order, with due compensation.
- The radio spectrum is part of the national patrimony and the 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 sooner revoked or cancelled.
- The franchise shall be deemed 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 NTC, to guarantee compliance with the franchise conditions.
- If the grantee fulfills the conditions after 3 years from NTC permit approval, the bond shall be cancelled, otherwise forfeited.
Self-regulation and Undertaking (Section 9):
- The grantee shall not require previous censorship, but shall cut off broadcasts that tend to propose treason, rebellion, sedition, or use indecent or immoral language.
- Willful failure to do so shall constitute a valid cause for franchise cancellation.
Warranty to Government (Section 10):
- The grantee shall hold the national, provincial, city and municipal governments harmless from claims arising out of accidents or injuries caused by the construction or operation of its stations.
Non-transferability of Franchise (Section 11):
- The grantee cannot lease, transfer, sell, assign or merge the franchise or controlling interest without prior approval of the Congress.
- Any entity to which the franchise is transferred shall be subject to the same conditions.
Dispersal of Ownership (Section 12):
- The grantee shall offer at least 30% of its outstanding capital stock in a securities exchange in the Philippines within 5 years of achieving national broadcasting network status (operating 3 or more radio and/or TV stations).
- Non-compliance shall render the franchise revoked.
Equality Clause (Section 13):
- Any advantage granted under existing or future franchises shall become part of this franchise, except provisions on territory, life span or type of service.
General Broadcast Policy Law (Section 14):
- The grantee shall comply with any general broadcast policy law that Congress may enact.
Reportorial Requirement (Section 15):
- The grantee shall submit an annual report to Congress on its compliance with the franchise terms and operations within 60 days from the end of every year.
Other Provisions:
- Separability Clause (Section 16)
- Repealability and Non-exclusivity Clause (Section 17)
- Effectivity Clause - takes effect 15 days from publication in at least 2 newspapers of general circulation (Section 18)
Nature and Scope of Franchise (Section 1):
- Grants Philippine Collective Media Corporation (the grantee) a franchise to construct, install, establish, operate and maintain radio and/or television broadcasting stations in Region VIII (Eastern Visayas).
- Allows the use of any new technologies in radio and television broadcasting.
- Permits the operation of corresponding technological auxiliaries, facilities, special broadcast and other program and distribution services, and relay stations.
Manner of Operation (Section 2):
- Stations shall be operated in a manner that results in minimum interference on existing stations' wavelengths or frequencies.
- The grantee has the right to use its selected wavelengths or frequencies and maintain quality transmission or reception.
Prior Approval of NTC (Section 3):
- The grantee must secure appropriate permits and licenses from the National Telecommunications Commission (NTC) for construction and operation.
- The grantee cannot use any frequency without NTC authorization, but NTC shall not unreasonably withhold or delay such authorization.
Responsibility to the Public (Section 4):
- The grantee shall provide adequate public service time for government to reach the population on important public issues.
- The grantee shall provide sound and balanced programming, assist in public information and education, conform to ethics of honest enterprise.
- The grantee shall not broadcast obscene, indecent, false or misrepresented content, or content inciting subversive or treasonable acts.
Right of Government (Section 5):
- The President can temporarily take over, suspend operations, or authorize temporary use of the grantee's stations in times of war, rebellion, public peril, calamity, emergency, disaster or disturbance of peace and order, with due compensation.
- The radio spectrum is part of the national patrimony and the 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 sooner revoked or cancelled.
- The franchise shall be deemed 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 NTC, to guarantee compliance with the franchise conditions.
- If the grantee fulfills the conditions after 3 years from NTC permit approval, the bond shall be cancelled, otherwise forfeited.
Self-regulation and Undertaking (Section 9):
- The grantee shall not require previous censorship, but shall cut off broadcasts that tend to propose treason, rebellion, sedition, or use indecent or immoral language.
- Willful failure to do so shall constitute a valid cause for franchise cancellation.
Warranty to Government (Section 10):
- The grantee shall hold the national, provincial, city and municipal governments harmless from claims arising out of accidents or injuries caused by the construction or operation of its stations.
Non-transferability of Franchise (Section 11):
- The grantee cannot lease, transfer, sell, assign or merge the franchise or controlling interest without prior approval of the Congress.
- Any entity to which the franchise is transferred shall be subject to the same conditions.
Dispersal of Ownership (Section 12):
- The grantee shall offer at least 30% of its outstanding capital stock in a securities exchange in the Philippines within 5 years of achieving national broadcasting network status (operating 3 or more radio and/or TV stations).
- Non-compliance shall render the franchise revoked.
Equality Clause (Section 13):
- Any advantage granted under existing or future franchises shall become part of this franchise, except provisions on territory, life span or type of service.
General Broadcast Policy Law (Section 14):
- The grantee shall comply with any general broadcast policy law that Congress may enact.
Reportorial Requirement (Section 15):
- The grantee shall submit an annual report to Congress on its compliance with the franchise terms and operations within 60 days from the end of every year.
Other Provisions:
- Separability Clause (Section 16)
- Repealability and Non-exclusivity Clause (Section 17)
- Effectivity Clause - takes effect 15 days from publication in at least 2 newspapers of general circulation (Section 18)