Title
Franchise for Premiere Mass Media, Inc. Broadcast
Law
Republic Act No. 8742
Decision Date
Oct 2, 1998
Republic Act No. 8742 grants Premiere Mass Media, Inc. a franchise to operate a radio and television station in Tagbilaran, Bohol, with responsibilities including providing public service time, maintaining balanced programming, and adhering to ethical standards, while also allowing for government intervention during times of emergency or disturbance.
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Operation and Interference Management

  • Stations must be operated to minimize interference with existing or future stations.
  • Grantee has the right to use allotted frequencies or wavelengths without diminishing transmission or reception quality.

Regulatory Approval

  • Grantee must obtain permits and licenses from the National Telecommunications Commission (NTC) before construction and operation.
  • No frequency use allowed without NTC authorization.
  • NTC must not unreasonably delay or withhold approvals.

Public Service Obligations

  • Provide sufficient public service time for government to address key public issues.
  • Ensure balanced, honest programming that supports public information and education.
  • Prohibited from broadcasting obscene, indecent, false, or subversive content.

Presidential Authority

  • President may temporarily take over or suspend stations during emergencies such as war, rebellion, calamity, or public disorder.
  • Temporary government use of facilities requires due compensation.
  • The radio spectrum is a national patrimony; franchise can be withdrawn with due process.

Franchise Duration and Revocation

  • Franchise valid for 25 years unless earlier revoked.
  • Automatic revocation if grantee fails to commence operations within one year post-NTC permit, fails to operate continuously for two years, or fails to commence operations within three years from franchise effectivity.

Acceptance of Franchise

  • Franchise acceptance must be in writing within 60 days of the Act's effectivity.
  • Failure to accept renders the franchise void.

Bond Requirement

  • Grantee to file a bond with NTC guaranteeing compliance with franchise conditions.
  • Bond cancelled after three years if conditions are met, otherwise forfeited and franchise revoked.

Tax Obligations

  • Grantee liable for taxes on properties and income.
  • Must pay Value Added Tax under R.A. No. 7716 on gross receipts.
  • Income tax obligations remain under the National Internal Revenue Code.
  • Tax returns filed to and audited by Bureau of Internal Revenue.

Content Regulation and Self-Censorship

  • No prior censorship required, but grantee must cut off broadcasts inciting treason, rebellion, sedition, or containing indecent or immoral content.
  • Failure to comply may cause franchise cancellation.

Indemnity to Government

  • Grantee indemnifies government from claims or damages resulting from station construction or operations.

Restrictions on Franchise Transfer

  • Franchise or rights cannot be leased, sold, transferred, assigned, merged, or have controlling interest transferred without Congress approval.
  • Successors bound by same franchise conditions.

Ownership Dispersal Requirement

  • At least 30% of outstanding capital stock must be offered publicly within 5 years upon becoming a national broadcasting network (operating 3+ stations).
  • Failure to comply leads to automatic franchise revocation.

Compliance with Future Broadcast Laws

  • Grantee subject to general broadcasting policies that Congress may enact.

Separability Clause

  • Invalidity of any provision does not affect the rest of the Act.

Nonexclusivity and Congress' Power

  • Franchise is not exclusive and can be amended or repealed by Congress as public interest requires.

Reporting Duties

  • Annual compliance and operation report to Congress within 60 days from year-end required.

Effectivity

  • Act effective 15 days after publication in two newspapers of general circulation.

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