Title
Renewal of Eagle Broadcasting Franchise
Law
Republic Act No. 10773
Decision Date
May 3, 2016
Eagle Broadcasting Corporation is granted a 25-year renewal of its franchise to operate radio and television broadcasting stations, subject to compliance with regulatory requirements and public service obligations.
A

Manner of Operation of Stations or Facilities

  • Stations/facilities must minimize interference with other existing or future stations.
  • Grantee retains right to use frequencies without diminishing transmission/reception quality.
  • Operations should maximize service rendition and availability.

Prior Approval of the National Telecommunications Commission (NTC)

  • Operation requires obtaining appropriate permits and licenses from the NTC.
  • No use of frequencies without NTC authorization.
  • NTC shall not unreasonably withhold or delay approval.

Responsibility to the Public

  • Must provide adequate public service time for government to communicate important issues.
  • Programming must be sound, balanced, ethical, and honest.
  • Prohibited from broadcasting obscene, indecent language or deliberately false/misleading information.
  • Must not incite subversive or treasonable acts.

Right of Government

  • President may temporarily take over or suspend operations during war, rebellion, public calamity, emergency, or disturbances.
  • Temporary government use requires due compensation to the grantee.
  • Use of the radio spectrum is a State-conferred privilege and is revocable after due process.

Term of Franchise

  • Valid for 25 years from November 3, 2018, unless earlier cancelled.
  • Franchise is automatically revoked if grantee fails to operate continuously for two (2) years.

Acceptance and Compliance

  • Grantee must give written acceptance within 60 days from effectivity.
  • Exercise of franchise rights depends on acceptance.
  • Failure to accept renders franchise void.

Self-regulation by and Undertaking of the Grantee

  • No prior censorship required for broadcast contents.
  • Must cut off broadcasts inciting treason, rebellion, sedition or those containing indecent/immoral themes.
  • Willful failure to comply may lead to franchise cancellation.

Warranty in Favor of the National and Local Governments

  • Grantee holds government entities free from claims or liabilities arising from accidents due to construction or operation of stations.

Sale, Lease, Transfer, Usufruct, or Assignment of Franchise

  • No transfer, lease, sale, assignment, merger or change of controlling interest without prior Congressional approval.
  • Congress must be informed within 60 days upon completion of such transactions.
  • Failure to report leads to automatic revocation of franchise.
  • Any successors to franchise rights are bound by same conditions and limitations.

Dispersal of Ownership

  • Grantee must offer at least 10% of outstanding capital stock to Filipino citizens on a Philippine securities exchange within 5 years after becoming a national broadcasting network.
  • A national broadcasting network is one operating at least three radio/television stations.
  • Noncompliance results in automatic franchise revocation.

General Broadcast Policy Law

  • Grantee must comply with future general broadcast policy legislation enacted by Congress.

Parity Clause

  • Any advantages or privileges granted to other franchises will automatically and immediately apply to this franchise (excluding territorial coverage, franchise duration, and service type).
  • Does not apply to sale/transfer/assignment of franchise rights which require Congressional approval.

Reportorial Requirement

  • Grantee must submit an annual report on franchise compliance and operations to Congress by April 30 each year.
  • Reportorial compliance certificate from Congress is prerequisite for permit applications to NTC.

Penalty Clause

  • Failure to submit annual report results in fine of P500 per working day.
  • Fine collected by NTC for monitoring fund purposes.
  • Penalties are separate from other NTC sanctions.

Separability Clause

  • Invalidity of any provision does not affect remaining provisions of the Act.

Repealability and Nonexclusivity Clause

  • Franchise may be amended, altered, or repealed by Congress as public interest requires.
  • Franchise is nonexclusive in nature.

Publication

  • Grantee must cause publication of the Act within 15 days after presidential signing or lapse into law.

Effectivity

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

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