Republic of the Philippines
Congress of the Philippines
Metro ManilaThirteenth Congress
Third Regular SessionBegun and held in Metro Manila, on Monday, the twenty-fourth day of July, two thousand six.
REPUBLIC ACT NO. 9384
AN ACT GRANTING THE PUERTO PRINCESA BROADCASTING CORPORATION A FRANCHISE TO CONSTRUCT, INSTALL, ESTABLISH, OPERATE AND MAINTAIN RADIO AND TELEVISION BROADCASTING STATIONS IN THE CITY OF PUERTO PRINCESA AND ALL THE MUNICIPALITIES IN THE PROVINCE OF PALAWAN
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 Puerto Princesa Broadcasting Corporation, hereunder referred to as the grantee, a franchise to construct, install, establish, operate and maintain for commercial purposes and in the public interest, radio and/or television broadcasting stations in the City of Puerto Princesa and all the municipalities in the Province of Palawan, where frequencies and/or channels are still available for radio and/or television...
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Republic Acts
AN ACT GRANTING THE PUERTO PRINCESA BROADCASTING CORPORATION A FRANCHISE TO CONSTRUCT
Republic Act No. 9384
Summary of Republic Act No. 9384
Nature and Scope of Franchise (Section 1):
- Grants Puerto Princesa Broadcasting Corporation (the grantee) a franchise to construct, install, establish, operate and maintain radio and/or television broadcasting stations in Puerto Princesa City and all municipalities in Palawan Province.
- Allows the use of microwave, satellite or new technologies, including technological auxiliaries and facilities, special broadcast and other program and distribution services and relay stations.
Manner of Operation (Section 2):
- Stations/facilities shall be operated in a manner that results in minimum interference on existing stations' wavelengths/frequencies.
- Radiated power shall 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.
- NTC shall not unreasonably withhold or delay granting such authority.
Responsibility to the Public (Section 4):
- Provide adequate public service time for government to reach the population on important public issues.
- Provide sound and balanced programming.
- Assist in public information and education functions.
- Conform to ethics of honest enterprise.
- Not broadcast obscene, indecent, false or misrepresenting content, or incite subversive/treasonable acts.
Right of Government (Section 5):
- The President can temporarily take over, suspend operations, or authorize temporary use of stations/facilities during war, rebellion, public peril, calamity, emergency, disaster or disturbance, with due compensation.
- The radio spectrum is part of national patrimony and its use is a privilege that may be withdrawn after due process.
Term of Franchise (Section 6):
- Franchise is valid for 25 years from effectivity of the Act, unless sooner revoked or cancelled.
- Franchise shall be deemed revoked if the grantee fails to:
(a) Commence operations within 1 year from NTC approval.
(b) Operate continuously for 2 years.
(c) Commence operations within 3 years from effectivity of the Act.
Acceptance and Compliance (Section 7):
- Acceptance must be given in writing within 60 days from effectivity of the Act.
- Non-acceptance shall render the franchise void.
Bond (Section 8):
- Grantee shall file a bond, determined by NTC, to guarantee compliance with franchise conditions.
- If conditions are fulfilled after 3 years from NTC permit approval, the bond shall be cancelled, otherwise forfeited.
Tax Provisions (Section 9):
- Grantee is subject to payment of taxes, duties, fees, charges and other impositions under NIRC of 1997 and other applicable laws.
- Specific tax exemptions, incentives or privileges granted under relevant laws shall not be repealed.
- Grantee shall enjoy all rights, privileges, benefits and exemptions accorded to existing and future broadcasting franchises.
Self-regulation and Undertaking (Section 10):
- No prior censorship, but the grantee must cut off broadcasts that tend to propose/incite treason, rebellion, sedition, or use indecent/immoral language.
- Willful failure to do so shall be a valid cause for franchise cancellation.
Obligation to Allow Reply (Section 11):
- Any aggrieved party shall have the right to reply in the same or another program of their choice.
Warranty to Government (Section 12):
- Grantee shall hold national, provincial, city and municipal governments harmless from claims arising out of accidents or injuries caused by construction or operation.
Non-transferability (Section 13):
- Grantee cannot lease, transfer, grant usufruct, sell, assign the franchise or controlling interest without prior Congressional approval.
- Any transfer in violation shall render the franchise revoked.
Equality Clause (Section 14):
- Any advantage, favor, privilege, exemption or immunity granted under existing/future franchises shall apply to this grantee, except provisions on territory, life span or service type.
General Broadcast Policy Law (Section 15):
- Grantee shall comply with any general broadcast policy law that Congress may enact.
Reportorial Requirement (Section 16):
- Grantee shall submit an annual report to Congress on compliance with franchise terms and operations within 60 days from year-end.
Other Provisions:
- Separability Clause (Section 17)
- Repealing and Non-exclusivity Clause (Section 18)
- Effectivity Clause - 15 days from publication by the grantee in at least 2 newspapers of general circulation (Section 19)
Nature and Scope of Franchise (Section 1):
- Grants Puerto Princesa Broadcasting Corporation (the grantee) a franchise to construct, install, establish, operate and maintain radio and/or television broadcasting stations in Puerto Princesa City and all municipalities in Palawan Province.
- Allows the use of microwave, satellite or new technologies, including technological auxiliaries and facilities, special broadcast and other program and distribution services and relay stations.
Manner of Operation (Section 2):
- Stations/facilities shall be operated in a manner that results in minimum interference on existing stations' wavelengths/frequencies.
- Radiated power shall 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.
- NTC shall not unreasonably withhold or delay granting such authority.
Responsibility to the Public (Section 4):
- Provide adequate public service time for government to reach the population on important public issues.
- Provide sound and balanced programming.
- Assist in public information and education functions.
- Conform to ethics of honest enterprise.
- Not broadcast obscene, indecent, false or misrepresenting content, or incite subversive/treasonable acts.
Right of Government (Section 5):
- The President can temporarily take over, suspend operations, or authorize temporary use of stations/facilities during war, rebellion, public peril, calamity, emergency, disaster or disturbance, with due compensation.
- The radio spectrum is part of national patrimony and its use is a privilege that may be withdrawn after due process.
Term of Franchise (Section 6):
- Franchise is valid for 25 years from effectivity of the Act, unless sooner revoked or cancelled.
- Franchise shall be deemed revoked if the grantee fails to:
(a) Commence operations within 1 year from NTC approval.
(b) Operate continuously for 2 years.
(c) Commence operations within 3 years from effectivity of the Act.
Acceptance and Compliance (Section 7):
- Acceptance must be given in writing within 60 days from effectivity of the Act.
- Non-acceptance shall render the franchise void.
Bond (Section 8):
- Grantee shall file a bond, determined by NTC, to guarantee compliance with franchise conditions.
- If conditions are fulfilled after 3 years from NTC permit approval, the bond shall be cancelled, otherwise forfeited.
Tax Provisions (Section 9):
- Grantee is subject to payment of taxes, duties, fees, charges and other impositions under NIRC of 1997 and other applicable laws.
- Specific tax exemptions, incentives or privileges granted under relevant laws shall not be repealed.
- Grantee shall enjoy all rights, privileges, benefits and exemptions accorded to existing and future broadcasting franchises.
Self-regulation and Undertaking (Section 10):
- No prior censorship, but the grantee must cut off broadcasts that tend to propose/incite treason, rebellion, sedition, or use indecent/immoral language.
- Willful failure to do so shall be a valid cause for franchise cancellation.
Obligation to Allow Reply (Section 11):
- Any aggrieved party shall have the right to reply in the same or another program of their choice.
Warranty to Government (Section 12):
- Grantee shall hold national, provincial, city and municipal governments harmless from claims arising out of accidents or injuries caused by construction or operation.
Non-transferability (Section 13):
- Grantee cannot lease, transfer, grant usufruct, sell, assign the franchise or controlling interest without prior Congressional approval.
- Any transfer in violation shall render the franchise revoked.
Equality Clause (Section 14):
- Any advantage, favor, privilege, exemption or immunity granted under existing/future franchises shall apply to this grantee, except provisions on territory, life span or service type.
General Broadcast Policy Law (Section 15):
- Grantee shall comply with any general broadcast policy law that Congress may enact.
Reportorial Requirement (Section 16):
- Grantee shall submit an annual report to Congress on compliance with franchise terms and operations within 60 days from year-end.
Other Provisions:
- Separability Clause (Section 17)
- Repealing and Non-exclusivity Clause (Section 18)
- Effectivity Clause - 15 days from publication by the grantee in at least 2 newspapers of general circulation (Section 19)