Title
Republic Act No. 9382
Date
Mar 10, 2007
Cable Link & Holdings Corp. is granted a 25-year franchise to construct, operate, and maintain cable and community antenna television systems across the Philippines, ensuring compliance with national regulations and public service obligations.
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Law Summary

SECTION 1: Nature and Scope of Franchise

  • Explanation: This section grants Cable Link & Holdings Corp. a franchise to construct, operate, and maintain cable/community antennae television (CATV) systems in the Philippines.
  • Key Definitions:
    • Grantee: Cable Link & Holdings Corp.
    • CATV Systems: Cable/community antennae television systems used for distributing audio, visual, and other signals.
  • Important Requirements:
    • The franchise is for commercial purposes in the public interest.
    • The grantee may provide various services including live and recorded programs, and use advanced technologies as they become available.
  • Bullet Points:
    • Franchise includes national and international services.
    • Services to be provided to various establishments and public conveyances.

SECTION 2: Manner of Operation of Stations or Facilities

  • Explanation: The grantee must operate its facilities to minimize interference with existing stations.
  • Important Requirements:
    • Maintain quality of transmission while maximizing service delivery.
  • Bullet Points:
    • Interference with other stations must be minimal.
    • Quality of service and transmission must be prioritized.

SECTION 3: Prior Approval of the National Telecommunications Commission

  • Explanation: The grantee must obtain necessary permits from the National Telecommunications Commission (NTC) to operate.
  • Important Requirements:
    • Authorization from NTC is mandatory for frequency usage.
    • NTC must not unreasonably delay or withhold permits.
  • Bullet Points:
    • Compliance with NTC regulations is required.

SECTION 4: Ingress and Egress

  • Explanation: The grantee may conduct excavations for installation with DPWH approval.
  • Important Requirements:
    • Must repair any disturbances caused by their operations.
  • Timeframes:
    • Repairs must be completed within 10 days of notice; otherwise, DPWH may repair at the grantee's expense.
  • Bullet Points:
    • Excavations allowed in public spaces with DPWH consent.
    • Failure to repair incurs double expense.

SECTION 5: Responsibility to the Public

  • Explanation: The grantee must provide balanced programming and comply with public service requirements.
  • Important Requirements:
    • Must avoid obscene content and disseminating false information.
  • Bullet Points:
    • Ensure programming is sound and balanced.
    • Promote community participation and public information.

SECTION 6: Right of Government

  • Explanation: The President may take control of the grantee’s operations during emergencies.
  • Important Requirements:
    • Temporary suspension of operations is allowed for public safety.
  • Bullet Points:
    • Compensation to the grantee is required for government use.

SECTION 7: Term of Franchise

  • Explanation: The franchise is valid for 25 years unless revoked or canceled.
  • Important Requirements:
    • Operations must commence within one year of NTC approval.
    • Continuous operation for two years is required.
  • Consequences:
    • Failure to meet conditions can result in automatic revocation.
  • Bullet Points:
    • Must start operations within specified timeframes.

SECTION 8: Acceptance and Compliance

  • Explanation: The grantee must formally accept the franchise.
  • Important Requirements:
    • Acceptance must be written within 60 days of the Act’s effectivity.
  • Consequences:
    • Non-acceptance leads to franchise voiding.
  • Bullet Points:
    • Prompt acceptance is critical for franchise validity.

SECTION 9: Bond

  • Explanation: The grantee must file a bond to guarantee compliance.
  • Important Requirements:
    • Bond amount determined by NTC.
  • Consequences:
    • Bond forfeiture occurs if compliance is not met after three years.
  • Bullet Points:
    • Bond cancellation is possible upon fulfillment of conditions.

SECTION 10: Tax Provisions

  • Explanation: The grantee is subject to all applicable taxes and fees.
  • Key Definitions:
    • NIRC: National Internal Revenue Code of 1997, as amended.
  • Important Requirements:
    • Tax returns must be filed with local authorities.
  • Bullet Points:
    • Compliance with NIRC is mandatory.

SECTION 11: Self-regulation by and Undertaking of Grantee

  • Explanation: The grantee is responsible for content regulation.
  • Important Requirements:
    • Must cut off inappropriate broadcasts in real-time.
  • Consequences:
    • Failure to comply may lead to franchise cancellation.
  • Bullet Points:
    • Responsibility for content lies with the grantee.

SECTION 12: Warranty in Favor of National and Local Government

  • Explanation: The grantee assumes liability for accidents related to their operations.
  • Important Requirements:
    • Must indemnify government for claims arising from their activities.
  • Bullet Points:
    • Liability extends to both property and personal injuries.

SECTION 13: Nontransferability of Franchise

  • Explanation: The franchise cannot be leased or transferred without Congressional approval.
  • Important Requirements:
    • Any unauthorized transfer results in automatic revocation.
  • Bullet Points:
    • Strict rules on ownership changes are enforced.

SECTION 14: General Cable Television Policy Law

  • Explanation: The grantee must adhere to future cable television policy laws enacted by Congress.
  • Bullet Points:
    • Compliance with evolving legislative frameworks is necessary.

SECTION 15: Reportorial Requirement

  • Explanation: The grantee must submit an annual compliance report to Congress.
  • Important Requirements:
    • Reports are due 60 days after the end of each year.
  • Bullet Points:
    • Transparency in operations is mandated.

SECTION 16: Separability Clause

  • Explanation: If any provision is invalidated, the remaining provisions remain effective.
  • Bullet Points:
    • Protection against partial invalidation of the Act.

SECTION 17: Repealing and Nonexclusivity Clause

  • Explanation: Congress can amend or repeal the franchise as public interest requires.
  • Bullet Points:
    • Franchise is not exclusive and may be subject to future alterations.

SECTION 18: Effectivity Clause

  • Explanation: The Act takes effect 15 days post-publication in newspapers.
  • Bullet Points:
    • Grantee is responsible for publication to initiate effectivity.

Key Takeaways

  • Republic Act No. 9382 grants a 25-year franchise to Cable Link & Holdings Corp. for CATV operations in the Philippines.
  • The grantee must comply with numerous operational, regulatory, and reporting requirements, including obtaining necessary permits, maintaining public service standards, and adhering to tax obligations.
  • The franchise is subject to revocation for non-compliance, and any transfer of rights requires Congressional approval.
  • The law emphasizes public safety, accountability, and the government's right to intervene under specific circumstances.

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