Title
Franchise renewal for Andres Bonifacio College Broadcasting
Law
Republic Act No. 11317
Decision Date
Apr 22, 2019
The franchise granted to Andres Bonifacio College Broadcasting System, Inc. is renewed for 25 years, allowing it to operate radio and television stations in Mindanao while ensuring compliance with public service obligations and regulatory oversight.

Questions (Republic Act No. 11317)

It is renewed for another twenty-five (25) years from the effectivity of the Act, unless sooner revoked and cancelled.

To construct, establish, maintain, and operate radio and/or television broadcasting stations (including digital television system) through microwave, satellite, terrestrial, or whatever means, including special broadcast and distribution services and relay stations, for educational, cultural, and commercial purposes, subject to the Constitution and applicable laws.

So that at most it results in minimum interference on the wavelengths or frequencies of existing and other lawfully established stations, without diminishing its own assigned privileges and the quality of transmission or reception, to maximize rendition and/or availability of services.

Under Section 3, the grantee must secure appropriate permits and licenses from the National Telecommunications Commission (NTC) and must not use any frequency without NTC authorization.

To provide free of charge adequate public service time (for government information/announcements and emergencies/calamities) and to broadcast sound and balanced programming, promote public participation, assist public information and education, conform to honest enterprise ethics, and use closed captioning to empower audiences; also to avoid obscene/indecent language or deliberately false information and to not incite subversive or treasonable acts.

It must be equivalent to a maximum aggregate of ten percent (10%) of the paid commercials or advertisements, allocated based on the needs of the executive, legislative, and judicial branches; constitutional commissions; and international humanitarian organizations duly recognized by statutes.

The NTC shall increase the public service time in cases of extreme emergency or calamity and issue rules and regulations for this purpose.

To comply with applicable labor standards under existing labor laws and related rules/issuances of the Department of Labor and Employment, considering the peculiarities of the broadcast industry.

In times of war, rebellion, public peril, calamity, emergency, disaster, or disturbance of peace and order, the President may temporarily take over and operate the stations, temporarily suspend operation for public safety/security/welfare, or authorize temporary government use/operation upon due compensation.

If the grantee fails to operate continuously for two (2) years.

No. The grantee shall not require previous censorship of any speech, play, act, or scene, or other matter to be broadcast. However, if content violates law or infringes a private right, the grantee is generally free from civil/criminal liability for such content, subject to the cut-off requirement stated in the Act.

During any broadcast/telecast, the grantee must cut off from the air any speech/play/act/scene or other matter if its tendency is to incite treason, rebellion, or sedition, or if the language/theme is indecent or immoral; willful failure to do so is a valid cause for revocation and cancellation.

The grantee must hold national, provincial, city, and municipal governments free from claims, liabilities, demands, or actions arising out of accidents causing injury to persons or damage to properties during construction or operation.

Create employment opportunities and allow on-the-job trainings; give priority to residents where the principal office is located; comply with applicable labor standards; and reflect the jobs created in the General Information Sheet (GIS) submitted to the SEC annually.

The grantee may not sell/lease/transfer/grant usufruct/assign the franchise or its rights/privileges, nor merge, nor transfer controlling interest, without prior approval of Congress of the Philippines.

An annual report on compliance with franchise terms and conditions and on its operations, submitted to Congress through the House Committee on Legislative Franchises and the Senate Committee on Public Services, on or before April 30 every year during the term of the franchise.

A fine of P500.00 per working day of noncompliance, collected by the NTC and remitted to the National Treasury, separate from other NTC penalties.

Any advantage, favor, privilege, exemption, or immunity granted under existing or future broadcasting franchises upon prior review and approval of Congress becomes part of the grantee’s franchise and must be accorded immediately and unconditionally, except for provisions concerning territorial coverage, term, or type of authorized service.


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