QuestionsQuestions (Republic Act No. 11834)
It grants NCCP (and its successors/assignees) a franchise to construct, install, establish, operate, and maintain for commercial purposes and in the public interest radio and television broadcasting stations in the Philippines, including digital television, through any available means (e.g., microwave, satellite, other technology), as well as program/distribution services and relay stations, subject to the Constitution and existing laws and available frequencies/channels.
They must be constructed and operated in a manner that results at most in the minimum interference on wavelengths/frequencies of existing or future legally established stations, without diminishing its own assigned privilege to use those frequencies and without impairing transmission/reception quality, aiming to maximize service rendition and availability.
The grantee must secure from the NTC the appropriate permits and licenses and must not use any frequency in the radio spectrum without NTC authorization.
The NTC shall not unreasonably withhold or delay the grant of authority.
The NTC may revoke or suspend (after due process) the permits/licenses it issued. It may also recommend to Congress the revocation of the franchise for such violations.
Provide free-of-charge adequate public service time for government use during important public issues, public announcements/warnings for emergencies and calamities; maintain sound and balanced programming; promote public participation; assist public information/education; conform to the ethics of honest enterprise; promote audience sensibility and empowerment including closed captioning; and avoid obscene/indecent content, deliberately false information, willful misrepresentation, and content that incites/encourages/assists subversive or treasonable acts.
It shall be equivalent to a maximum aggregate of ten percent (10%) of paid commercials/advertisements, allocated based on the needs of the Executive and Legislative branches, the Judiciary, Constitutional Commissions, and international humanitarian organizations duly recognized by statutes.
The NTC must increase public service time in cases of extreme emergency or calamity, and will issue rules for this purpose.
Pursuant to the Children’s Television Act (RA 8370), the grantee must allot a minimum of fifteen percent (15%) of the daily total air time of each broadcasting network or station to child-friendly shows within its regular programming.
In times of war, rebellion, public peril, calamity, emergency, disaster, or disturbance of peace and order, the President may temporarily take over and operate the stations/equipment, temporarily suspend operations in the interest of public safety/security/welfare, or authorize temporary use/operation by a government agency upon due compensation to the grantee.
The franchise lasts twenty-five (25) years from the effectivity of the Act unless sooner revoked or cancelled. It is deemed ipso facto revoked if the grantee fails to operate continuously for two (2) years.
No— the grantee shall not require previous censorship of any speech/play/act/scene or other matter to be broadcast. Exception: if content constitutes a violation of law or infringement of a private right, the grantee is generally free from liability for that broadcast content; however, the grantee must cut off airing if the content tends to incite treason/rebellion/sedition or is indecent/immoral.
Willful failure to do so constitutes a valid cause for cancellation of the franchise.
The grantee must hold national and local governments free from claims, liabilities, accounts, demands, or actions arising from accidents causing injury or property damage during construction or operation of the stations/equipment.
It must create employment opportunities and accept on-the-job trainees in franchise operations, giving priority to residents of the place where the principal office is located, and comply with applicable labor standards; these jobs/opportunities must be reflected in the General Information Sheet (GIS) submitted to the SEC annually.
The grantee may not sell, lease, transfer, grant usufruct of, or assign the franchise (or the rights/privileges acquired), nor merge or transfer controlling interest, without prior approval of Congress. It must inform Congress within sixty (60) days after the transaction is completed. Failure to report results in ipso facto revocation.
The grantee must submit an annual compliance and operations report to Congress through the House Committee on Legislative Franchises and the Senate Committee on Public Services on or before April 30 each year during the franchise term, including operational updates, audited financial statements, the latest GIS to the SEC if applicable, NTC certification on permit/operations status, and ownership dispersal update if applicable.
A fine of Five Hundred Pesos (₱500.00) per working day of noncompliance is imposed to the NTC. The fine is collected separately from other reportorial penalties imposed by the NTC and is remitted to the Bureau of Treasury.
Any advantage/favor/privilege/exemption/immunity granted under existing or future broadcasting franchises (upon prior review and approval of Congress) becomes part of this franchise and must be accorded immediately and unconditionally to NCCP—except provisions on territorial coverage, franchise term, or type of service authorized.