Title
Franchise Grant to BEAM Inc. for Broadcasting
Law
Republic Act No. 8098
Decision Date
Jul 6, 1995
Republic Act No. 8098 grants Broadcast Enterprises and Affiliated Media, Inc. the franchise to establish and operate commercial radio and television broadcast stations in the Philippines, subject to certain conditions and responsibilities, including providing public service time and adhering to ethical broadcasting standards.
A

Q&A (Republic Act No. 8098)

Broadcast Enterprises and Affiliated Media (BEAM), Inc. is granted the franchise.

The franchise allows BEAM, Inc. to establish, construct, operate, and maintain commercial radio and television stations including cable television systems in the Philippines, including related technological facilities.

The grantee must secure the appropriate permits and licenses from the National Telecommunications Commission (NTC) before using any frequency.

The grantee must provide reasonable public service time, balanced programming, promote public participation, assist in public information and education, conform to ethical standards, and avoid broadcasting obscene, indecent, or deliberately false information.

The President may temporarily take over or suspend the operation of the grantee's stations during times of rebellion, public peril, calamity, emergency, disaster, or disturbance of peace and order, with due compensation to the grantee.

The franchise is valid for 25 years from the effectivity date of the Act unless revoked sooner.

The grantee must pay the same taxes on real estate, buildings, and personal property as others, a 10% value-added tax on all gross receipts from the broadcast business under the franchise, and income taxes under the National Internal Revenue Code.

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

Failure or refusal to accept the franchise within 60 days or to operate a station within 3 years renders the franchise void.

The grantee must submit an annual report to the Congress within 60 days from the end of every year on compliance and operations under the franchise.

No, the franchise is not exclusive and is subject to amendment, alteration, or repeal by Congress when public interest requires.

The grantee shall not require prior censorship but must cut off broadcasts that incite treason, rebellion, sedition, or contain indecent or immoral language. Failure to do so is cause for franchise cancellation.

The grantee holds the national and local governments harmless from all claims or actions arising from accidents or injuries caused by their station's construction or operation.

The grantee must operate its stations to cause only minimal interference with other stations while preserving its own right to use its frequencies without diminishing transmission quality.

The Act took effect 15 days after its publication in at least two newspapers of general circulation, having lapsed into law on July 6, 1995 without the President's signature.


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