QuestionsQuestions (Republic Act No. 4916)
The franchise is granted subject to the Constitution and is also subject to Act No. 3846 (regulation of radio stations), Act No. 3997 (Radio Broadcasting Law), Commonwealth Act No. 146 (Public Service Act) and their amendments, and other applicable laws not inconsistent with the Act.
The franchise continues for 25 years from the date the station is put in operation.
At least one radio broadcasting station or one television station must have its construction began within one year from approval of the Act and be completed within two years from said date. Failure makes the franchise void.
The grantee must provide adequate public service time so government can reach the population on important issues; assist in public information and education; conform to ethics of honest enterprise; and avoid using stations for deliberately false information or willful misrepresentation, detriment to public health and morals, or inciting, encouraging, or assisting subversive or treasonable acts.
Because the stations cannot operate until the Secretary of Public Works and Communications has allotted the frequencies/wave lengths to be used and issued the license for such use.
Stations must be constructed and operated, and wave lengths selected, to avoid interference with existing radio/TV stations and to permit expansion of the grantee’s service.
In time of war, rebellion, public peril, calamity, disaster, or disturbance of peace/order, the President may cause the closing of the stations or authorize temporary government use/operation without compensating the grantee during the period of such operation.
The grantee must pay the same taxes unless exempted therefrom on real estate, buildings, and personal property exclusive of the franchise, as required of other persons/corporations; and it must also pay all other taxes provided under the National Internal Revenue Code by reason of the franchise.
Acceptance in writing must be given within six months after approval. Upon acceptance, the grantee is empowered to exercise the privileges granted by the franchise.
The grantee must file a bond of ten thousand pesos to guarantee compliance. After two years from date of acceptance, if the conditions are fulfilled (or as soon thereafter as fulfilled), the bond is cancelled by the Secretary of Public Works and Communications.
The grantee shall not require any previous censorship of any speech, play, act, scene, or other matter to be broadcast/telecast. Exception: if the content constitutes a violation of law or infringes a private right, the grantee is not liable civilly or criminally; but the grantee may cut off from the air content if it tends to propose/incite treason, rebellion, or sedition, or if the language/theme is indecent or immoral.
The franchise and rights/privileges cannot be leased, transferred, granted the usufruct of, sold, or assigned, and the grantee cannot merge with another for the same purpose, without prior approval of Congress.
The transferee is subject to Philippine corporation laws (if it is a corporation) and must be bound by all conditions, terms, restrictions, and limitations of the franchise as fully and completely as if the franchise were originally granted to it.
Yes. The franchise is subject to amendment, alteration, or repeal by Congress when the public interest so requires, and it is not interpreted as an exclusive grant of privileges.
It takes effect upon its approval.
(a) Section 2 (begin within one year; complete within two years). (b) Section 4 (frequencies/wave lengths allotted and license issued by the Secretary). (c) Section 3 (public service/ethics and anti-misinformation/anti-subversion) and Section 10 (no previous censorship; limited authority to cut off content under specified harmful/indecent criteria).