Question & AnswerQ&A (Republic Act No. 8147)
Republic Act No. 8147 grants the Southern Broadcasting Network a franchise to construct, maintain, establish, and operate commercial radio and television broadcasting stations in the Philippines.
The franchise is valid for twenty-five (25) years from the date the first station is placed in operation.
The construction of the broadcasting stations must begin within two (2) years from the approval of the Act and be completed within four (4) years from that date; otherwise, the franchise shall be void.
The President has the special right during times of war, rebellion, public peril, calamity, emergency, disaster, or disturbance of peace and order to take over and operate the broadcasting stations or authorize their use by any government department, with due compensation to the grantee.
The grantee must file a bond of Two hundred thousand pesos (P200,000) to guarantee compliance with the franchise conditions. The bond will be cancelled after the grantee fulfills these conditions, typically after two years from approval.
No, the grantee shall not require prior censorship. However, they may cut off any broadcast if the content incites treason, rebellion, sedition or is indecent or immoral during the broadcast.
The NTC shall allot frequencies and channels, issue licenses, and may change, cancel, or modify frequency allotments at any time for reasons of public interest.
The grantee must construct and operate their stations and select frequencies so as to avoid interference with existing stations and allow for future service expansion.
The grantee shall hold the government harmless from all claims or actions arising from accidents or injuries caused by the construction or operation of their stations.
Private property can only be taken through proper condemnation proceedings with just compensation paid or tendered, and only as necessary for the franchise's purposes.
The grantee must keep accounts of gross receipts and submit them annually to the Commission on Audit Chairman and the Treasurer of the Philippines by January 31 for the preceding year.
No, the franchise cannot be leased, transferred, sold, or assigned without the approval of the Congress of the Philippines, and any assignee is subject to all franchise conditions.
The grantee must pay taxes on real estate, buildings, and personal property like other persons, and pay an annual franchise tax of 3% of gross receipts from the franchise business after audit approval.
No, the franchise is not exclusive and does not prevent others from being granted similar rights.
The Act took effect on September 7, 1995, upon lapsing into law without the President's signature pursuant to the Constitution.