Title
Franchise for PEC Broadcasting Corp to operate radio/TV
Law
Republic Act No. 8685
Decision Date
Jun 25, 1998
Republic Act No. 8685 grants PEC Broadcasting Corporation a franchise to operate radio and television stations in the Philippines for commercial purposes and public interest, with responsibilities including minimizing interference, providing public service time, and adhering to ethical broadcasting standards.
A

Operation and Interference

  • Stations must be operated to minimize interference with existing or future stations.
  • The grantee retains the right to use selected frequencies and maintain transmission quality.

Permits and Licenses from NTC

  • The National Telecommunications Commission (NTC) must grant permits and licenses prior to construction and operation.
  • Unauthorized use of frequencies is prohibited.
  • NTC shall not unreasonably delay or withhold authorization.

Public Responsibility and Programming

  • The grantee must provide adequate public service airtime for government communication.
  • Programming must be sound, balanced, support public education and information, and adhere to ethical standards.
  • Stations must not broadcast obscene, indecent, false, or misleading information.
  • Content inciting subversion or treason is prohibited.

Government Rights in Emergencies

  • The President may temporarily:
    • Take over, operate, or authorize government use of the stations during war, rebellion, calamity, or public emergencies.
    • Suspend operations for public safety and welfare.
  • Compensation must be provided for temporary use.
  • The radio spectrum is state property and use is a privilege subject to withdrawal with due process.

Franchise Term and Conditions

  • Term: 25 years from effectivity.
  • Grounds for automatic revocation include failure to:
    • Commence operations within one year of NTC permit approval.
    • Operate continuously for two years.
    • Start operations within three years of franchise effectivity.

Acceptance and Compliance

  • Acceptance of the franchise must be submitted in writing within 60 days of effectivity.
  • Failure to accept voids the franchise.

Bond Requirement

  • The grantee must post a bond, amount set by NTC, guaranteeing compliance.
  • Bond is canceled upon fulfillment after three years or forfeited if conditions are unmet.
  • Forfeiture results in automatic franchise revocation.

Taxation

  • The grantee pays standard taxes on real estate and personal property.
  • Subject to value-added tax on gross receipts from radio/TV business.
  • Income tax liability continues as provided under National Internal Revenue Code and EO No. 72.
  • Tax returns subject to Bureau of Internal Revenue audit.

Self-Regulation and Broadcast Content

  • No prior censorship is required.
  • During broadcasts, the grantee must cut off any content inciting treason, rebellion, or sedition or containing indecent or immoral language/themes.
  • Failure to comply is valid ground for franchise cancellation.

Government Indemnity

  • The grantee is liable for accidents or injuries related to station construction or operation.
  • Must hold the national and local governments harmless from related claims.

Restrictions on Transfer and Assignment

  • The franchise and rights cannot be sold, leased, transferred, assigned, or merged without Congressional approval.
  • Transferees are bound by the same terms and conditions.

Ownership Dispersal

  • Upon becoming a national broadcasting network (operating 3+ stations), the grantee must offer at least 30% outstanding capital stock to the public within 5 years.
  • Failure to comply results in automatic franchise revocation.

Compliance with General Broadcast Policy Law

  • The grantee must adhere to future general broadcast policies enacted by Congress.

Separability Clause

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

Repeal and Non-Exclusivity

  • Congress may amend or repeal the franchise as public interest requires.
  • The franchise is non-exclusive.

Reportorial Duties

  • The grantee must submit an annual report to Congress within 60 days after the calendar year.
  • Reports cover compliance and operational status.

Effectivity

  • The Act takes effect 15 days after publication in two newspapers of general circulation.

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