Republic of the Philippines
CONGRESS OF THE PHILIPPINES
Metro ManilaFifteenth Congress
Second Regular SessionBegun and held in Metro Manila, on Monday, the twenty-fifth day of July, two thousand eleven.
REPUBLIC ACT NO. 10181
AN ACT GRANTING THE TV MARIA FOUNDATION PHILIPPINES, INCORPORATED A FRANCHISE TO CONSTRUCT, INSTALL, ESTABLISH, OPERATE AND MAINTAIN 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 the TV Maria Foundation Philippines, Incorporated, 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, television broadcasting stations in the Philippines where frequencies and channels are still available for television broadcasting, including digital television system, Internet Protocol-related services and Internet Protocol-value-added services, through microwave, satellite or whatever means, including the use of any new technology that in...
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Republic Acts
AN ACT GRANTING THE TV MARIA FOUNDATION PHILIPPINES
Republic Act No. 10181
Summary of Republic Act No. 10181
Nature and Scope of Franchise (Section 1):
- Grants TV Maria Foundation Philippines, Inc. (the grantee) a franchise to construct, install, establish, operate and maintain television broadcasting stations in the Philippines for commercial purposes and public interest.
- Allows the grantee to use available frequencies and channels for television broadcasting, including digital television system, Internet Protocol-related services, and Internet Protocol-value-added services.
- Permits the use of microwave, satellite or any new technology for television broadcasting.
Manner of Operation (Section 2):
- The stations or facilities shall be constructed and operated in a manner that results in minimum interference on existing stations' wavelengths or frequencies.
- The grantee's right to use its selected wavelengths or frequencies and the quality of transmission or reception shall not be diminished.
- The radiated power of the stations or facilities shall not exceed the required level to cover the allowed operating area.
Prior Approval of NTC (Section 3):
- The grantee shall secure appropriate permits and licenses from the National Telecommunications Commission (NTC) for construction and operation of stations or facilities.
- The grantee shall not use any frequency without authorization from the NTC.
- 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 the 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, or deliberately false content, or incite subversive or treasonable acts.
Right of Government (Section 5):
- The President of the Philippines has the right to temporarily take over and operate the grantee's stations or facilities in times of war, rebellion, public peril, calamity, emergency, disaster or disturbance of peace and order.
- The President can temporarily suspend the operation of any station or facility in the interest of public safety, security and welfare.
- The government can temporarily use and operate the stations or facilities upon due compensation to the grantee.
- 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 twenty-five (25) years from the date of effectivity of this Act, unless sooner revoked or cancelled.
- The franchise shall be deemed ipso facto revoked if the grantee fails to:
- Commence operations within one (1) year from the approval of its operating permit by the NTC.
- Operate continuously for two (2) years.
- Commence operations within three (3) years from the effectivity of this Act.
Acceptance and Compliance (Section 7):
- The grantee shall give written acceptance of the franchise within sixty (60) days from the effectivity of this Act.
- Upon acceptance, the grantee shall exercise the privileges granted.
- Non-acceptance shall render the franchise void.
Bond (Section 8):
- The grantee shall file a bond issued in favor of the NTC, with an amount determined by the NTC, to guarantee compliance with the conditions of the franchise.
- If the grantee fulfills the conditions after three (3) years from the date of approval of its permit, the bond shall be cancelled by the NTC.
- Otherwise, the bond shall be forfeited in favor of the government and the franchise ipso facto revoked.
Self-regulation by Grantee (Section 9):
- The grantee shall not require previous censorship of any speech, play, act or scene to be broadcast.
- The grantee shall cut off from the air any content that incites treason, rebellion or sedition, or is indecent or immoral.
- Willful failure to do so shall constitute a valid cause for the cancellation of the franchise.
Obligation of Grantee (Section 10):
- Any person aggrieved by any remark, report, statement, commentary or the like by a broadcaster using the grantee's facilities shall have the right to reply in the same program or any other program the aggrieved party may choose.
Warranty in Favor of National and Local Governments (Section 11):
- The grantee shall not hold the national, provincial, city and municipal governments of the Philippines liable from all claims, accounts, demands or actions arising out of accidents or injuries caused by the construction or operation of the grantee's stations.
Nontransferability of Franchise (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 the franchise is sold, transferred or assigned shall be subject to the same conditions, terms, restrictions and limitations of this Act.
Equality Clause (Section 13):
- Any advantage, favor, privilege, exemption or immunity granted under existing franchise, or which may hereafter be granted for television broadcasting, shall ipso facto become part of this franchise and shall be accorded immediately and unconditionally to the grantee.
- However, this shall not apply to provisions concerning territory covered by the franchise, the life span of the franchise or the type of service authorized by the franchise.
General Broadcast Policy Law (Section 14):
- 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 15):
- 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.
Separability Clause (Section 16):
- If any of the sections or provisions of this Act is held invalid, all the other provisions not affected thereby shall remain valid.
Repealability and Nonexclusivity 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.
- This franchise shall not be interpreted as an exclusive grant of the privileges herein provided for.
Effectivity Clause (Section 18):
- This Act shall take effect fifteen (15) days from the date of its publication, upon the initiative of the grantee, in at least two (2) newspapers of general circulation in the Philippines.
Nature and Scope of Franchise (Section 1):
- Grants TV Maria Foundation Philippines, Inc. (the grantee) a franchise to construct, install, establish, operate and maintain television broadcasting stations in the Philippines for commercial purposes and public interest.
- Allows the grantee to use available frequencies and channels for television broadcasting, including digital television system, Internet Protocol-related services, and Internet Protocol-value-added services.
- Permits the use of microwave, satellite or any new technology for television broadcasting.
Manner of Operation (Section 2):
- The stations or facilities shall be constructed and operated in a manner that results in minimum interference on existing stations' wavelengths or frequencies.
- The grantee's right to use its selected wavelengths or frequencies and the quality of transmission or reception shall not be diminished.
- The radiated power of the stations or facilities shall not exceed the required level to cover the allowed operating area.
Prior Approval of NTC (Section 3):
- The grantee shall secure appropriate permits and licenses from the National Telecommunications Commission (NTC) for construction and operation of stations or facilities.
- The grantee shall not use any frequency without authorization from the NTC.
- 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 the 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, or deliberately false content, or incite subversive or treasonable acts.
Right of Government (Section 5):
- The President of the Philippines has the right to temporarily take over and operate the grantee's stations or facilities in times of war, rebellion, public peril, calamity, emergency, disaster or disturbance of peace and order.
- The President can temporarily suspend the operation of any station or facility in the interest of public safety, security and welfare.
- The government can temporarily use and operate the stations or facilities upon due compensation to the grantee.
- 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 twenty-five (25) years from the date of effectivity of this Act, unless sooner revoked or cancelled.
- The franchise shall be deemed ipso facto revoked if the grantee fails to:
- Commence operations within one (1) year from the approval of its operating permit by the NTC.
- Operate continuously for two (2) years.
- Commence operations within three (3) years from the effectivity of this Act.
Acceptance and Compliance (Section 7):
- The grantee shall give written acceptance of the franchise within sixty (60) days from the effectivity of this Act.
- Upon acceptance, the grantee shall exercise the privileges granted.
- Non-acceptance shall render the franchise void.
Bond (Section 8):
- The grantee shall file a bond issued in favor of the NTC, with an amount determined by the NTC, to guarantee compliance with the conditions of the franchise.
- If the grantee fulfills the conditions after three (3) years from the date of approval of its permit, the bond shall be cancelled by the NTC.
- Otherwise, the bond shall be forfeited in favor of the government and the franchise ipso facto revoked.
Self-regulation by Grantee (Section 9):
- The grantee shall not require previous censorship of any speech, play, act or scene to be broadcast.
- The grantee shall cut off from the air any content that incites treason, rebellion or sedition, or is indecent or immoral.
- Willful failure to do so shall constitute a valid cause for the cancellation of the franchise.
Obligation of Grantee (Section 10):
- Any person aggrieved by any remark, report, statement, commentary or the like by a broadcaster using the grantee's facilities shall have the right to reply in the same program or any other program the aggrieved party may choose.
Warranty in Favor of National and Local Governments (Section 11):
- The grantee shall not hold the national, provincial, city and municipal governments of the Philippines liable from all claims, accounts, demands or actions arising out of accidents or injuries caused by the construction or operation of the grantee's stations.
Nontransferability of Franchise (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 the franchise is sold, transferred or assigned shall be subject to the same conditions, terms, restrictions and limitations of this Act.
Equality Clause (Section 13):
- Any advantage, favor, privilege, exemption or immunity granted under existing franchise, or which may hereafter be granted for television broadcasting, shall ipso facto become part of this franchise and shall be accorded immediately and unconditionally to the grantee.
- However, this shall not apply to provisions concerning territory covered by the franchise, the life span of the franchise or the type of service authorized by the franchise.
General Broadcast Policy Law (Section 14):
- 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 15):
- 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.
Separability Clause (Section 16):
- If any of the sections or provisions of this Act is held invalid, all the other provisions not affected thereby shall remain valid.
Repealability and Nonexclusivity 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.
- This franchise shall not be interpreted as an exclusive grant of the privileges herein provided for.
Effectivity Clause (Section 18):
- This Act shall take effect fifteen (15) days from the date of its publication, upon the initiative of the grantee, in at least two (2) newspapers of general circulation in the Philippines.