Title
Extension of Cebu Broadcasting Co. Franchise
Law
Republic Act No. 11339
Decision Date
Apr 27, 2019
Cebu Broadcasting Company is granted a 25-year extension of its franchise to operate radio and television broadcasting stations, ensuring compliance with public service obligations and regulatory oversight by the National Telecommunications Commission.
A

Operation Standards for Stations or Facilities

  • The grantee's stations must operate with minimal interference to existing or legally established stations.
  • This mandate ensures the grantee’s assigned wavelengths or frequencies and quality of transmission/reception are preserved while maximizing service availability.

Permits and Licenses from the National Telecommunications Commission (NTC)

  • The grantee must secure all appropriate permits and licenses from the NTC for construction and operation.
  • No use of frequencies is allowed without NTC authorization.
  • NTC shall not unreasonably withhold or delay permit grants.
  • Disposal or leasing of facilities is prohibited except to entities with broadcasting franchises.
  • Written authorization from the NTC is required before disposal/lease, and NTC must be notified within 60 days after completion.
  • NTC determines sanctions for any violations related to disposal or leasing.

Public Service Responsibilities

  • Adequate public service time must be provided to inform the population on public issues.
  • Programming must be sound, balanced, and assist public information and education.
  • The grantee must adhere to ethical broadcasting standards, avoiding obscene/indecent content.
  • Deliberate dissemination of false information or content promoting subversive, treasonable acts is prohibited.

Government's Reserved Rights

  • Radio spectrum use is a privilege and part of the national patrimony, subject to withdrawal with due process.
  • The President can temporarily take over or suspend stations during war, rebellion, public emergencies, or similar situations.
  • Temporary government use of the grantee's stations requires due compensation.

Franchise Term and Revocation

  • The franchise is valid for 25 years from effectivity unless revoked or cancelled earlier.
  • Failure to operate continuously for two years results in ipso facto revocation of the franchise.

Acceptance of Franchise

  • Written acceptance must be submitted to Congress within 60 days from effectivity.
  • Acceptance is a prerequisite for exercising privileges; nonacceptance voids the franchise.

Self-regulation and Broadcast Content

  • No prior censorship required for broadcasts.
  • The grantee is not liable for unlawful content unless it fails to cut off broadcasts inciting treason, rebellion, sedition, or containing indecent/immoral language or themes.
  • Willful failure to cut off such content may result in franchise cancellation.

Hold Harmless Provision

  • The grantee shall indemnify the national and local governments from any claims or liabilities arising from accidents during construction or operation of facilities.

Employment and Training Commitments

  • The grantee must create employment and provide on-the-job training.
  • Priority is given to residents near the principal office.
  • Compliance with labor standards and allowance entitlements is mandatory.
  • Employment data must be included in the General Information Sheet submitted annually to the Securities and Exchange Commission.

Restrictions on Transfer or Assignment

  • Sale, lease, transfer, usufruct grant, assignment, merger, or controlling interest transfer requires prior Congressional approval.
  • Congress must be informed within 60 days after such transactions.
  • Failure to report results in ipso facto revocation.
  • Successors are subject to the same franchise conditions.

Ownership Dispersal and Public Participation

  • At least 30% of outstanding capital stock must be offered to Filipino citizens within five years of operations.
  • If public stock offering is not applicable, cooperatives or alternative public participation methods must be implemented.
  • Noncompliance causes ipso facto revocation.

Annual Reporting Requirements

  • Annual compliance reports must be submitted to Congress by April 30 each year covering operations and franchise compliance.
  • Congress issues reportorial compliance certificates, which the NTC requires before accepting permit applications.

Penalties for Noncompliance with Reporting

  • Failure to submit annual reports results in a fine of Five Hundred Pesos (P500) per working day.
  • The NTC collects fines separately from its other penalties.

Equality Clause on Franchise Privileges

  • Any advantages or privileges granted under other broadcasting franchises, except taxes and customs duties, shall apply to this franchise upon Congressional approval.
  • This does not affect territorial coverage, franchise term, or service type provisions.

Amendability and Non-Exclusivity

  • Congress may amend, alter, or repeal the franchise at any time in the public interest.
  • The franchise does not confer exclusive rights to the grantee.

Separability Clause

  • Invalidation of any provision does not affect the validity of other provisions.

Repeal of Inconsistent Laws

  • All inconsistent laws, regulations, or issuances are repealed, amended, or modified accordingly.

Effectivity

  • The Act takes effect 15 days after publication in the Official Gazette or a newspaper of general circulation.

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