QuestionsQuestions (Republic Act No. 8025)
A franchise period of twenty-five (25) years from the approval of the Act.
The NTC must allot the frequencies/wavelengths/channels, determine stations for use, and issue the license for such use.
Act No. 3846, Republic/Radio Broadcasting Law (Act No. 3997), Commonwealth Act No. 146 (Public Service Act), and their amendments.
A bond of P50,000 is required to guarantee compliance. If after 4 years the grantee has fulfilled conditions, the bond is cancelled; otherwise, it is forfeited in favor of the State.
The President may take over or authorize temporary operation by a government department in times of war, rebellion, public peril, calamity, emergency, disaster, or disturbance of peace and order—upon due compensation to the grantee.
The President may permit construction upon such terms and conditions as may be prescribed.
If Congress grants the grantee a similar franchise with any term more favorable than RA 8025 or tending to place it at disadvantage, such more favorable term(s) ipso facto become part of RA 8025’s terms and operate equally in favor of the grantee.
No. The grantee shall not require prior censorship in any speech, play, or other matter to be broadcast.
During any broadcast, the grantee may cut off from the air content if it tends to propose/incite treason, rebellion, or sedition, or is indecent or immoral and willful failure to cut off constitutes a valid cause for cancellation.
Yes. On reasonable notice, the NTC may change/modify allotments in whole or part whenever, in its judgment, such frequencies may be used to impair/stifle competition, obtain a monopoly, secure unreasonable rates, violate laws of public policy, or when public interest requires use for other purposes by the government or other licensed entities.
The grantee must hold national, provincial, city, and municipal governments free from claims, accounts, demands, or actions arising out of accidents or injuries (to property or persons) caused by construction or operation of the station.
No private property shall be taken for any purpose by the grantee without proper condemnation proceeding and just compensation paid and tendered. Authority to take/occupy land does not apply to the taking or use for purposes other than the actual and necessary purpose for which the franchise is granted.
No. The grantee cannot lease, transfer, grant usufruct of, sell, assign, or merge with another corporation organized for the same purpose without the previous approval of Congress of the Philippines.
The transferee corporation must comply with Philippine corporation laws, and any transferred/sold rights remain subject to all conditions, terms, restrictions, and limitations of the Act as fully as if the franchise were originally granted to the transferee.
The Act states it takes effect upon its approval. The note indicates it lapsed into law on May 25, 1995 without the President’s signature, pursuant to Sec. 27(1), Article VI of the Constitution.
To construct, maintain and operate a station for commercial purposes and in the public interest, for FM radio and television broadcasting in Mindanao.