Title
Franchise for Amcara Broadcasting Network
Law
Republic Act No. 8135
Decision Date
Jul 16, 1995
Republic Act No. 8135 grants Amcara Broadcasting Network, Inc. the franchise to establish and operate various forms of radio and television broadcasting stations in the Philippines, subject to certain responsibilities and restrictions, for a term of 25 years.
A

Q&A (Republic Act No. 8135)

The Amcara Broadcasting Network, Incorporated is granted the franchise under Republic Act No. 8135.

The franchise is granted for a term of twenty-five (25) years from the date of approval of the Act unless sooner revoked or cancelled.

The franchise shall be deemed ipso facto revoked if the grantee fails to operate continuously for two (2) years.

The franchise covers radio and television broadcasting stations including VHF-TV, UHF-TV, AM radio, FM radio, direct broadcast via satellite, MATV, CATV, digital audio broadcast, digital television, HDTV, MMDS and other forms of broadcast services with corresponding technological auxiliaries or facilities.

The grantee must secure appropriate permits and licenses from the National Telecommunications Commission and cannot use any frequency without authorization from the Commission.

The President of the Philippines has the special right to temporarily take over, operate, or suspend the stations in times of rebellion, public peril, calamity, emergency, disaster, or disturbance of peace and order upon due compensation to the grantee.

The grantee must provide adequate public service time, balanced programming, assist in public information and education, conform to ethics of honest enterprise, refrain from broadcasting obscene or indecent language or false information, and avoid inciting subversive acts.

No, the grantee cannot lease, transfer, grant usufruct, sell or assign the franchise or rights without prior approval from the Congress of the Philippines.

The grantee shall pay real estate, building, and personal property taxes like other persons or corporations, and a franchise tax of three percent (3%) on gross receipts from the radio/television business. The grantee is also liable for income taxes under existing laws.

No, the grantee shall not require any previous censorship of speeches or programming. However, the grantee must cut off any broadcast inciting treason, rebellion, sedition, or containing indecent or immoral language during transmission.

The grantee shall hold the national, provincial, and municipal governments harmless from all claims or actions arising from accidents or injuries caused by the construction or operation of the stations.

The franchise shall become effective upon written acceptance by the grantee. Nonacceptance renders the franchise void.

The franchise is nonexclusive and shall be subject to amendment, alteration, or repeal by Congress when public interest requires it.

Willful failure to cut off such broadcasts constitutes valid cause for the cancellation of the franchise.

They are transferred under the franchise of Amcara Broadcasting Network, Incorporated.


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