QuestionsQuestions (Republic Act No. 10773)
RA 10773 renews Eagle Broadcasting Corporation’s franchise to construct, install, establish, operate, and maintain for commercial purposes and in the public interest radio and/or television broadcasting stations (including digital systems) and related services. The renewal is for another twenty-five (25) years from November 3, 2018, subject to cancellation conditions.
It requires operation in a manner that results at most in minimum interference on wavelengths/frequencies of existing stations or stations that may be established by law, without diminishing the grantee’s right to use its selected frequencies or the quality of transmission/reception.
The grantee must secure from the National Telecommunications Commission (NTC) the appropriate permits and licenses and must not use any frequency in the radio/television spectrum without NTC authorization; however, the NTC must not unreasonably withhold or delay authority.
The grantee must provide adequate public service time for government information reach, maintain sound and balanced programming, assist in public information and education, comply with ethics of honest enterprise, and not broadcast obscene/indecent content, deliberately false information, willful misrepresentation to detriment of public interest, or content inciting/encouraging/assisting subversive or treasonable acts.
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 operations of any station/facility for public safety/security/welfare, or authorize temporary use by a government agency upon due compensation to the grantee.
The franchise is effective for 25 years beginning November 3, 2018 unless sooner cancelled, and it is deemed ipso facto revoked if the grantee fails to operate continuously for two (2) years.
Acceptance must be given in writing to Congress through the proper committees within 60 days from effectivity. After acceptance, the grantee may exercise franchise privileges. Nonacceptance renders the franchise void.
The grantee shall not require previous censorship; however, during any broadcast it must cut off from the air any speech/play/act/scene/other matter that tends to incite treason, rebellion, or sedition, or uses indecent or immoral language/theme. Willful failure to do so is a valid cause for cancellation.
The grantee must hold national, provincial, city, and municipal governments free from all claims/actions arising from accidents/injuries (to property or persons) caused by construction or operation of its stations.
The grantee cannot lease, transfer, grant usufruct of, sell, or assign the franchise or rights/privileges acquired, nor merge or transfer controlling interest, without prior approval of Congress. Congress must be informed within 60 days after completion. Failure to report renders the franchise ipso facto revoked.
The grantee must offer Filipino citizens at least 10% of its outstanding capital stock (or a higher percentage required by future law) within 5 years from achieving national broadcasting network status (defined as operating at least three stations). Noncompliance results in ipso facto revocation.
The grantee must submit an annual report to Congress on compliance and operations on or before April 30 of the succeeding year. A reportorial compliance certificate issued by Congress is required before any application for permit or certificate is accepted by the NTC.
Failure to submit triggers a fine of P500.00 per working day of noncompliance. The NTC collects it from the delinquent franchise grantee separate from NTC reportorial penalties, and proceeds accrue to the NTC monitoring fund.
If any section/provision is held invalid, the other provisions not affected remain valid.
No; it states the franchise is subject to amendment/alteration/repeal by Congress when public interest so requires and it shall not be interpreted as an exclusive grant of privileges.
It takes effect 15 days after publication in at least two (2) newspapers of general circulation, which follows the publication requirement stated in Section 18 (initiated by the grantee, 15 days after signing or after it lapses into law).