QuestionsQuestions (PROCLAMATION NO. 335)
RA 10178 grants Reliance Broadcasting Unlimited, Inc. (and its successors/assigns) a franchise to construct, install, establish, operate, and maintain for commercial purposes and in the public interest radio and television broadcasting stations in the Philippines, including digital radio/TV and IP-related services via microwave, satellite, or other means, using new technologies and related auxiliary facilities.
The stations must be constructed and operated to result only in the minimum interference on the wavelengths/frequencies of existing stations or others lawfully established, without diminishing its own right to use selected wavelengths/frequencies and without reducing transmission/reception quality, so as to maximize service and availability.
The grantee must secure from the National Telecommunications Commission (NTC) the appropriate permits and licenses and must not use any frequency in the radio/TV spectrum without NTC authorization. The NTC must not unreasonably withhold or delay the grant of authority.
The grantee must provide adequate public service time for government information on important issues, maintain sound and balanced programming, assist public information/education functions, conform to ethics of honest enterprise, and must not broadcast obscene/indecent language or deliberately false information or willful misrepresentation that is detrimental to the public interest or that incites/encourages/assists 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/operate the stations, temporarily suspend operations for public safety/security/welfare, or authorize temporary government use/operation upon due compensation to the grantee.
Yes. It states that the radio spectrum is finite, part of the national patrimony, and its use is a privilege conferred by the State that may be withdrawn anytime after due process.
The franchise is effective for 25 years unless sooner revoked or cancelled.
The franchise is deemed ipso facto revoked if: (a) the grantee fails to commence operations within one year from approval of its operating permit by the NTC; (b) it fails to operate continuously for two years; and (c) it fails to commence operations within three years from the effectivity of the Act.
Acceptance must be given in writing within 60 days from effectivity. Nonacceptance renders the franchise void.
The grantee must file a bond with the NTC in an amount determined by the NTC to guarantee compliance. If after three years from NTC permit approval it has fulfilled the conditions, the bond is cancelled; otherwise, the bond is forfeited in favor of the government and the franchise ipso facto revoked.
The grantee shall not require previous censorship of any speech/play/act/scene or other matter. However, during broadcast it must cut off from the air any content that tends to incite treason/rebellion/sedition or if the language/theme is indecent or immoral; willful failure is a valid cause for cancellation.
The grantee must hold national, provincial, city, and municipal governments harmless from claims, accounts, demands, or actions arising from accidents or injuries (to property or persons) caused by construction or operation of its stations.
No. The grantee shall not lease/transfer/grant usufruct/sell/assign the franchise or rights, nor merge, nor transfer controlling interest without prior approval of Congress. This applies whether the transfer is whole or in parts and whether simultaneously or contemporaneously.
To encourage public participation, once it achieves the status of a national broadcasting network (defined as operating three or more radio and/or TV stations), it must offer at least 30% (or higher as later provided by law) of its outstanding capital stock in securities exchanges in the Philippines within five years. Noncompliance results in ipso facto revocation.
Any advantage, favor, privilege, exemption, or immunity granted under existing or future broadcasting franchises is deemed to automatically become part of RA 10178 and must be accorded immediately and unconditionally to the grantee, except that it does not affect territory covered, franchise life span, or the type of service authorized.
The grantee must submit an annual report to Congress on compliance with franchise terms and on its operations within 60 days from the end of every year.
The franchise is subject to amendment, alteration, or repeal by Congress when public interest requires, and it should not be interpreted as an exclusive grant of the privileges provided.
It takes effect 15 days after publication, upon the initiative of the grantee, in at least two newspapers of general circulation in the Philippines.