AN ACT GRANTING THE RADIO MARIA FOUNDATION
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AN ACT GRANTING THE RADIO MARIA FOUNDATION
Republic Act No. 9354
September 28, 2006
Case Overview and Summary
Summary of Republic Act No. 9354:Nature and Scope of Franchise (Section 1):
- Grants Radio Maria Foundation, Inc. (the grantee) a franchise to construct, install, establish, operate and maintain radio broadcasting stations in the Philippines for religious and non-commercial purposes.
- Allows the use of microwave, satellite or any new technologies for radio broadcasting.
- Permits the operation of auxiliary facilities, special broadcast services, and relay stations.
Manner of Operation (Section 2):
- Stations must be operated in a manner that results in minimum interference with existing stations.
- The grantee's right to use its selected frequencies and transmission quality should be maximized.
- Operations and radiated power should not exceed the required coverage area.
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 NTC shall not unreasonably withhold or delay the grant of such authority.
Responsibility to the Public (Section 4):
- The grantee shall provide adequate public service time for government to reach the population on important issues.
- The grantee shall provide sound and balanced programming, assist in public information and education, and conform to ethics of honest enterprise.
- The grantee shall not broadcast obscene or indecent language, disseminate false information, or incite subversive or treasonable acts.
Right of Government (Section 5):
- The President has the right to temporarily take over, operate, or suspend the grantee's stations during times of rebellion, public peril, calamity, emergency, or disturbance of peace and order, with due compensation to the grantee.
- The radio spectrum is part of national patrimony, and its use is a privilege that may be withdrawn after due process.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):
- The franchise is valid for twenty-five (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 one year from NTC's approval of operating permit.
b) Operate continuously for two years.
c) Commence operations within three years from the effectivity of this Act.
Acceptance and Compliance (Section 7):
- The grantee must accept the franchise 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, as determined by the NTC, to guarantee compliance with the franchise conditions.
- If the grantee fulfills the conditions within three years from the permit approval, the bond shall be cancelled; otherwise, it shall be forfeited to the government, and the franchise revoked.
Self-regulation and Undertaking (Section 9):
- The grantee shall not require previous censorship of any speech or matter to be broadcast.
- The grantee shall cut off from the air any speech or matter 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 the 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 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 grantee's stations.
Sale, Lease, Transfer, Usufruct, etc. (Section 12):
- The grantee shall not lease, transfer, grant the usufruct of, sell nor assign this franchise or the rights and privileges acquired thereunder to any person, firm, company, corporation or other commercial or legal 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.
General Broadcast Policy Law (Section 13):
- The grantee shall comply with and be subject to the provisions of a general broadcast policy law, which Congress may hereafter enact.
Reportorial Requirement (Section 14):
- 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 sixty (60) days from the end of every year.
Equality Clause (Section 15):
- Any advantage, favor, privilege, exemption, or immunity granted under existing franchises, or may hereafter be granted, shall ipso facto become part of this franchise and shall be accorded immediately and unconditionally to the grantee, except for provisions concerning territory covered, life span of the franchise, or type of service authorized.
Separability Clause (Section 16):
- If any section or provision of this Act is held invalid, all other provisions not affected thereby shall remain valid.
Repealability and Nonexclusivity Clause (Section 17):
- The franchise shall be subject to amendment, alteration or repeal by the Congress of the Philippines when the public interest requires.
- The franchise shall not be interpreted as an exclusive grant of the privileges provided.
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AN ACT GRANTING THE RADIO MARIA FOUNDATION
Republic Act No. 9354
•September 28, 2006
Republic of the Philippines
Congress of the Philippines
Metro Manila
Thirteenth CongressThird Regular Session
Begun and held in Metro Manila, on Monday, the twenty-fourth day of July, two thousand six.
Republic Act No. 9354             September 20, 2006
AN ACT GRANTING THE RADIO MARIA FOUNDATION, INC. FRANCHISE TO CONSTRUCT, INSTALL, ESTABLISH OPERATE AND MAINTAIN FOR RELlGIOUS AND NO COMMERCIAL, PURPOSES RADIO BROADCASTING STATION 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 the provisions of the Constitution and applicable laws, rules and regulations, there is hereby granted to Radio Mai Foundation, Inc., hereunder referred to as the grantee, successors or assigns, a franchise to construct, install, establish, operate and maintain for religious and non-commercial purposes and in the public interest, radio broadcasting stations in the Philippines, where frequencies are still available for radio broadcasting, through microwave, satellite or whatever means, including the use of any new technologies in radio systems, with...
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