QuestionsQuestions (Republic Act No. 8061)
RA 8061 grants the grantee—subject to the Constitution and applicable laws—a franchise to construct, install, operate, and maintain for commercial purposes and in the public interest radio and/or television broadcasting stations in the Philippines, including technological auxiliaries/facilities, special broadcast and distribution services, relay stations, and radio communication facilities for the grantee’s private use in its broadcast services.
They must be constructed and operated to result in the minimum interference on the wavelengths/frequencies of other existing stations or those that may be established by law, without diminishing the grantee’s right to use its selected frequencies and while maximizing the quality of transmission/reception and availability of services.
No. Section 3 requires the grantee to secure appropriate NTC permits/licenses and not use any frequency in the radio/television spectrum without NTC authorization; however, the NTC should not unreasonably withhold or delay authority.
The grantee must provide adequate public service time for the government on important public issues; provide sound and balanced programming; assist in public information and education; conform to ethics of honest enterprise; not broadcast obscene/indecent content; not disseminate deliberately false information or willful misrepresentation to the detriment of public interest; and not incite/encourage/assist in subversive or treasonable acts.
A special right is reserved to the President in times of rebellion, public peril, calamity, emergency, disaster, or disturbance of peace and order to temporarily take over and operate the stations, temporarily suspend operation of any station for public safety/security/welfare, or authorize temporary government use/operation of the stations with due compensation to the grantee.
The franchise term is twenty-five (25) years from the date of approval of the Act unless sooner revoked or cancelled. If the grantee fails to operate continuously for two (2) years, the franchise is deemed ipso facto revoked.
The franchise becomes effective upon acceptance in writing by the grantee. Upon acceptance, the grantee may exercise the privileges granted. Nonacceptance renders the franchise void.
The grantee must pay the same taxes on its real estate, buildings, and personal property (exclusive of the franchise) as other persons/corporations. It must also pay a franchise tax at the percentage prescribed by law on all gross receipts of the radio/television business under the franchise. It remains liable for income taxes payable under Title II of the NIRC pursuant to Section 2 of E.O. No. 72 unless amended or repealed.
The grantee must file the return and pay the tax due with the Commissioner of Internal Revenue or an authorized representative in accordance with the NIRC. The return is subject to audit by the Bureau of Internal Revenue.
No. Section 9 states that the grantee shall not require any previous censorship of any speech, play, act, scene, or other matter to be broadcast/telecast.
During broadcast/telecast, the grantee must cut off from the air the speech/play/act/scene/other matter if its tendency is to propose/incite treason, rebellion, or sedition, or if the language/theme is indecent or immoral. Willful failure to do so constitutes a valid cause for cancellation of the franchise.
The grantee must hold the national, provincial, and municipal governments harmless from all claims/accounts/demands/actions arising from accidents or injuries (to property or persons) caused by construction or operation of the stations.
No. Section 11 prohibits leasing, transferring, granting usufruct of, selling, or assigning the franchise or rights/privileges acquired thereunder, and prohibits transfer of the grantee’s controlling interest to any private person/firm/company/corporation/entity without prior approval of Congress. Transferees/assignees must be subject to the same conditions/terms/restrictions/limitations of the Act.
It means the franchise holder must comply with future general broadcast policy legislation enacted by Congress.
Under Section 13, if any section/provision is held invalid, all other provisions not affected by the invalidity remain valid.
The franchise may be subject to amendment/alteration/repeal by Congress when public interest so requires and is not an exclusive grant of the privileges provided.
The Act lapsed into law on June 15, 1995 without the President’s signature, pursuant to Section 27(1), Article VI of the Constitution; it took effect upon its approval as stated in the effectivity clause, but in context it was deemed effective by constitutional lapse.