April 8, 2022
REPUBLIC ACT NO. 11673
AN ACT GRANTING SULU-TAWI-TAWI BROADCASTING FOUNDATION, INC. A FRANCHISE TO CONSTRUCT, INSTALL, OPERATE, AND MAINTAIN RADIO AND TELEVISION STATIONS IN THE PROVINCES OF SULU AND TAWI-TAWI
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 Sulu-Tawi-Tawi Broadcasting Foundation, Inc., hereunder referred to as the Grantee, its successors or assignees, a franchise to construct, install, operate, and maintain for commercial purposes and in the public interest, radio and/or television broadcasting stations in the provinces of Sulu and Tawi-Tawi, where frequencies and channels are still available for radio and television broadcasting, including digital television system, through microwave, satellite or whatever means, as well as the use of any new technology in television and radio systems, with the corresponding technological auxiliaries and facilities, special broadcast and other program and distribution services and relay stations.
SECTION 2.Manner of Operation of Stations or Facilities. — The...
Nature and Scope of Franchise (Section 1):
- Grants Sulu-Tawi-Tawi Broadcasting Foundation, Inc. (the Grantee) a franchise to construct, install, operate, and maintain radio and/or television broadcasting stations in the provinces of Sulu and Tawi-Tawi.
- Allows the use of any available frequencies, channels, and new technologies for radio and television broadcasting.
Manner of Operation (Section 2):
- The Grantee's stations shall be operated in a manner that results in minimum interference with existing or future stations.
Prior Approval of NTC (Section 3):
- The Grantee must secure appropriate permits and licenses from the National Telecommunications Commission (NTC) for construction and operation of stations.
- The NTC shall not unreasonably withhold or delay the grant of authority.
- The NTC has the authority to revoke or suspend permits/licenses after due process for any violation of the franchise provisions.
Responsibility to the Public (Section 4):
- The Grantee shall provide free public service time equivalent to a maximum of 10% of paid commercials, allocated to the government branches, Constitutional Commissions, and international humanitarian organizations.
- The NTC may increase public service time in case of emergencies or calamities.
- The Grantee shall allot a minimum of 15% of daily total air time to child-friendly shows as per the Children's Television Act of 1997.
- The Grantee shall not broadcast obscene, indecent, false, or subversive content.
Right of the Government (Section 5):
- The President may temporarily take over, suspend operations, or authorize government use of the Grantee's stations during war, rebellion, peril, calamity, emergency, or disturbance, with due compensation.
Term of Franchise (Section 6):
- The franchise is valid for 25 years from the effectivity of the Act, unless sooner revoked or cancelled.
- The franchise shall be deemed revoked if the Grantee fails to operate continuously for 2 years.
Self-regulation by Grantee (Section 7):
- The Grantee shall not require prior censorship but shall cut off the airing of content that incites treason, rebellion, sedition, or is indecent or immoral.
- Willful failure to do so shall constitute a valid cause for cancellation of the franchise.
Warranty in Favor of Governments (Section 8):
- The Grantee shall hold the national, provincial, city, and municipal governments free from claims, liabilities, demands, or actions arising out of accidents during construction or operation.
Employment Opportunities (Section 9):
- The Grantee shall create employment opportunities and accept on-the-job trainees, with priority to residents of the Grantee's principal office location.
- The Grantee shall comply with applicable labor standards and allowances.
Sale, Lease, Transfer, or Assignment of Franchise (Section 10):
- The Grantee shall not sell, lease, transfer, grant usufruct, or assign the franchise or rights without prior approval of Congress.
- The Grantee shall inform Congress of any such transaction within 60 days after completion.
- Failure to report shall render the franchise revoked.
Reportorial Requirement (Section 11):
- The Grantee shall submit an annual report on its compliance and operations to Congress on or before April 30 of every year.
- The report shall include updates on business, financial statements, permits status, and ownership dispersal.
Fine (Section 12):
- Failure to submit the annual report shall be penalized by a fine of P500.00 per working day of noncompliance, collected by the NTC and remitted to the Bureau of the Treasury.
Equality Clause (Section 13):
- Any advantage or privilege granted to existing or future broadcasting franchises shall be accorded to the Grantee, except for provisions on territorial coverage, term, or type of service.
Repealability and Nonexclusivity Clause (Section 14):
- The franchise is subject to amendment, alteration, or repeal by Congress when the public interest requires, and shall not be interpreted as an exclusive grant.
Separability Clause (Section 15):
- If any section or provision is held invalid, all other valid provisions shall remain in effect.
Repealing Clause (Section 16):
- All laws, decrees, orders, rules, regulations, and issuances inconsistent with the Act are repealed, amended, or modified accordingly.
Effectivity (Section 17):
- The Act shall take effect 15 days after its publication in the Official Gazette or a newspaper of general circulation.