Question & AnswerQ&A (Republic Act No. 9386)
The franchise is granted to Itransmission Inc. to construct, install, establish, operate, and maintain radio and television broadcasting stations in the Philippines.
The franchise is granted for a period of twenty-five (25) years from the date of effectivity of this Act, unless sooner revoked or cancelled.
The grantee must secure the appropriate permits and licenses from the National Telecommunications Commission (NTC) and must not use any frequency without NTC authorization.
The franchise is deemed ipso facto revoked if the grantee fails to commence operations within one year from the approval of its operating permit by the NTC, operate continuously for two years, or commence operations within three years from the effectivity of this Act.
The President may temporarily take over and operate the stations or facilities in times of war, rebellion, public peril, calamity, emergency, disaster, or disturbance of peace and order, or suspend operations or authorize temporary use by government agencies, upon due compensation to the grantee.
No. The franchise shall not be leased, transferred, sold, assigned, or merged without the prior approval of the Congress of the Philippines, and any unauthorized transfer renders the franchise ipso facto revoked.
The grantee must provide adequate public service time to the government to reach the population on important public issues, provide sound and balanced programming, assist in public information and education functions, and observe ethical broadcasting standards.
The grantee must not broadcast obscene or indecent language, acts, or scenes, or disseminate deliberately false information or misrepresentations that harm public interest or incite subversive or treasonable acts.
Any aggrieved person has the right to reply in the same or any other program to any remark, report, statement, or commentary broadcasted using the grantee's facilities.
Yes, the grantee must file a bond in favor of the NTC to guarantee compliance with franchise conditions. If conditions are unmet after three years from the permit approval, the bond is forfeited to the government and the franchise revoked.
The grantee is subject to all taxes, duties, fees, or charges under the National Internal Revenue Code and other laws but retains any tax exemptions or privileges granted under relevant laws and must file tax returns with local authorities.
The grantee shall not require prior censorship but must cut off any broadcast that tends to incite treason, rebellion, or sedition, or contains indecent or immoral language or themes; failure to do so may lead to franchise cancellation.
If any section or provision is held invalid, the remaining provisions not affected shall continue to be valid (separability clause).
The grantee must submit an annual report to Congress within sixty (60) days after the year's end on compliance with the franchise terms and operational status.
This Act takes effect fifteen (15) days after its publication in at least two newspapers of general circulation, upon the initiative of the grantee.