Question & AnswerQ&A (Republic Act No. 9382)
The franchise is granted to Cable Link & Holdings Corp.
The franchise allows Cable Link & Holdings Corp. to construct, install, establish, operate, and maintain cable/community antennae television systems and other related services in the Philippines for commercial purposes and in the public interest.
They can offer cable/community antennae television systems, distribution of audio and visual signals from national, local, and foreign stations, pay and pay-per-view television, video on demand, and other value-added services and related technologies.
The stations or facilities must be constructed and operated to result only in minimum interference with wavelengths or frequencies of existing or legally established stations without diminishing their own rights or transmission quality.
The National Telecommunications Commission (NTC) must issue the appropriate permits and licenses before operation.
The President may temporarily take over, operate, or suspend the grantee's stations or facilities during war, rebellion, public peril, calamity, emergency, disaster, or disturbance of peace and order, with due compensation to the grantee.
The franchise term is 25 years from the date of effectivity of the Act, unless sooner revoked or cancelled.
If the grantee fails to commence operations within one year after NTC approval, fails to operate continuously for two years, or fails to commence operations within three years from the Act's effectivity.
No, the franchise cannot be leased, transferred, sold, assigned, or the controlling interest transferred without prior approval from Congress. Unauthorized transfer renders the franchise ipso facto revoked.
The grantee shall pay all applicable taxes, duties, fees, or charges under the National Internal Revenue Code and other laws but retains privileges and exemptions granted to existing cable television systems.
The grantee must provide adequate public service time for government use, ensure sound and balanced programming, promote public participation, assist in public information and education, and refrain from transmitting obscene, indecent, false, or subversive content.
With prior approval from the Department of Public Works and Highways (DPWH), the grantee may construct poles or lay cables in public places and must repair any disturbance caused in a workmanlike manner.
The grantee should not require prior censorship but must cut off any broadcast or transmission that incites treason, rebellion, or sedition, uses indecent or immoral language or themes; failure to do so may cause franchise cancellation.
The grantee must file a bond with the NTC to guarantee compliance with franchise conditions; if conditions are met after 3 years from permit approval, the bond may be cancelled; otherwise, it is forfeited and the franchise revoked.
No, the franchise is nonexclusive and subject to amendment, alteration, or repeal by Congress when public interest requires.