March 29, 2022
REPUBLIC ACT NO. 11670
AN ACT GRANTING A FRANCHISE TO THE UNIVERSITY OF SOUTHERN MINDANAO TO CONSTRUCT, ESTABLISH, MAINTAIN, AND OPERATE FOR EDUCATIONAL AND OTHER RELATED PURPOSES RADIO BROADCASTING STATIONS IN THE PROVINCE OF COTABATO
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 University of Southern Mindanao hereunder referred to as the Grantee, its successors or assignees, a franchise to construct, install, establish, operate, and maintain for educational and other related purposes, and in the public interest, radio broadcasting stations, where frequencies and channels are still available for radio broadcasting, through microwave, satellite or whatever means, as well as the use of any new technology in radio systems, with the corresponding technological auxiliaries or facilities, special broadcast and other program and distribution services and relay stations in the Province of Cotabato.
SECTION 2.Manner of Operation of Stations or Facilities. — The stations or facilities...
- Grants the University of Southern Mindanao (the Grantee) a franchise to construct, install, establish, operate, and maintain radio broadcasting stations for educational and other related purposes in the Province of Cotabato. (Section 1)
- The stations shall operate in a manner that results in minimum interference with existing stations. (Section 2)
Regulatory Approval and Compliance
- The Grantee must secure appropriate permits and licenses from the National Telecommunications Commission (NTC) for construction and operation of stations. (Section 3)
- The NTC has the authority to revoke or suspend permits/licenses after due process for any violation of the franchise provisions. (Section 3)
- The NTC may recommend to Congress the revocation of the franchise for any violation. (Section 3)
Public Service Obligations
- The Grantee shall provide free public service time equivalent to a maximum of 10% of paid commercials for government agencies, constitutional commissions, and international humanitarian organizations. (Section 4)
- The Grantee shall provide sound and balanced programming, promote public participation, assist in public information and education, conform to ethical standards, and not broadcast obscene or indecent content. (Section 4)
Government Rights and Privileges
- The President has the right to temporarily take over, suspend operations, or authorize temporary use of the stations during times of war, public peril, calamity, or disturbance of peace and order, with due compensation to the Grantee. (Section 5)
- The radio spectrum is part of the national patrimony, and the use thereof is a privilege that may be withdrawn by the State after due process. (Section 5)
Term and Conditions of Franchise
- The franchise is valid for 25 years from the effectivity of the Act, unless sooner revoked or cancelled. (Section 6)
- The franchise shall be deemed revoked if the Grantee fails to: (1) commence operations within 3 years from NTC permit approval, (2) commence operations within 5 years from the Act's effectivity, or (3) continuously operate for 2 years. (Section 6)
- The Grantee shall not be liable for any speech, play, act, or scene broadcast, unless it constitutes a violation of law or infringement of private rights. However, the Grantee must cut off the airing of content that incites treason, rebellion, sedition, or is indecent or immoral. Willful failure to do so is a valid cause for franchise cancellation. (Section 7)
- The Grantee shall hold the national and local governments free from claims, liabilities, demands, or actions arising out of accidents during construction or operation of stations. (Section 8)
- The Grantee shall create employment opportunities and accept on-the-job trainees, with priority given to residents of the Grantee's principal office location, following applicable civil service rules. (Section 9)
- The Grantee shall not sell, lease, transfer, grant usufruct of, or assign the franchise or rights acquired thereunder to any other entity. (Section 10)
Reporting and Compliance
- The Grantee shall submit an annual report on its compliance with the franchise terms and operations to Congress on or before April 30 of every year. The report shall include updates on activities, development, operations, expansion, audited financial statements, GIS, NTC certification, and ownership dispersal, if applicable. (Section 11)
- Failure to submit the annual report shall be penalized by a fine of P500 per working day of non-compliance, payable to the NTC and remitted to the Bureau of the Treasury. (Section 12)
Other Provisions
- Any advantage, favor, privilege, exemption, or immunity granted under existing or future broadcasting franchises shall be accorded to the Grantee, except for provisions concerning territorial coverage, term, or type of service. (Section 13)
- The franchise is subject to amendment, alteration, or repeal by Congress when the public interest so requires and shall not be interpreted as an exclusive grant. (Section 14)
- If any section or provision of the Act is held invalid, all other provisions not affected shall remain valid. (Section 15)
- All laws, decrees, orders, resolutions, instructions, rules and regulations inconsistent with the Act are hereby repealed, amended, or modified accordingly. (Section 16)
- The Act shall take effect 15 days after its publication in the Official Gazette or a newspaper of general circulation. (Section 17)