QuestionsQuestions (Republic Act No. 8152)
The franchise authorizes the grantee, subject to the Constitution and applicable laws, to construct, install, operate, and maintain radio and television broadcasting stations in the Philippines for commercial purposes and in the public interest, including technological auxiliaries/facilities, special broadcast and program/distribution services, relay stations, and radio communication facilities for the grantee’s private use in its broadcast services.
It must be constructed and operated in a way that results only in minimum interference on the wavelengths/frequencies of other existing stations or stations that may be established by law, without diminishing its own right to use its selected frequencies and without reducing transmission/reception quality, in order to maximize service rendition and availability.
The grantee must secure from the NTC the appropriate permits and licenses for its stations and cannot use any frequency without NTC authorization; the NTC cannot unreasonably withhold or delay the grant of such authority.
The grantee must: provide adequate public service time for government access to the population on important public issues; provide sound and balanced programming; assist public information and education functions; conform to ethics of honest enterprise; not broadcast obscene/indecent language or material; not disseminate deliberately false information or willful misrepresentation; not act to the detriment of public interest; and not incite/encourage/assist subversive or treasonable acts.
The President may, in times of rebellion, public peril, calamity, emergency, disaster, or disturbance of peace and order: temporarily take over and operate the grantee’s station; temporarily suspend the operation of any station for public safety, security, and welfare; or authorize temporary use/operation by a government agency—upon due compensation to the grantee.
The franchise is for 25 years from the date of approval of the Act, unless sooner revoked or cancelled. If the grantee fails to operate continuously for two years, the franchise is deemed ipso facto revoked.
It 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 real estate, buildings, and personal property (exclusive of the franchise) as other persons/corporations. Additionally, it must pay a franchise tax equivalent to 3% of all gross receipts of the radio/television business transacted under the franchise.
It provides that the grantee continues to be liable for income taxes payable under Title II of the NIRC pursuant to Section 2 of Executive Order No. 72 unless that EO is amended or repealed; if amended or repealed, the amendment or repeal applies.
The grantee must file the return with and pay the tax due to the Commissioner of Internal Revenue (or duly authorized representatives) in accordance with the NIRC; the return is subject to audit by the Bureau of Internal Revenue.
No. The grantee shall not require any previous censorship of any speech, play, act, scene, or other matter to be broadcast/telecast. However, during any broadcast/telecast, it must cut off from the air any matter whose tendency is to incite treason, rebellion, or sedition, or is indecent or immoral; willful failure to do so is a valid cause for cancellation of the franchise.
The grantee must hold the national, provincial, and municipal governments harmless from all claims, accounts, demands, or actions arising from accidents or injuries (to property or persons) caused by the construction or operation of the stations.
The grantee cannot lease, transfer, grant usufruct of, sell, or assign the franchise or related rights/privileges to any entity, nor transfer the controlling interest to any private person/entity, without prior approval of Congress. Any transferee must be subject to the same conditions, terms, restrictions, and limitations of the Act.
It requires compliance with a general broadcast policy law which Congress may later enact, indicating that future congressional regulation may further govern broadcast operations.
Separability (Sec. 13): if any provision is held invalid, the rest remains valid. Repealability and nonexclusivity (Sec. 14): Congress may amend/alter/repeal when public interest so requires; the franchise is not an exclusive grant of the privileges. Effectivity (Sec. 15): the Act takes effect 15 days from publication in at least two newspapers of general circulation in the Philippines.
It indicates the President did not sign within the constitutional period, so the law took effect by lapse of time. The text cites Sec. 27(1), Article VI of the 1987 Constitution as the basis for automatic lapse into law without signature.