Title
Franchise extension for Filipinas Broadcasting Network
Law
Republic Act No. 11300
Decision Date
Apr 17, 2019
Filipinas Broadcasting Network, Inc. is granted a 25-year franchise extension to operate radio and television broadcasting stations in the Philippines, with obligations to provide free public service time and adhere to regulations, while the government retains the power to temporarily take over or suspend operations in certain circumstances.

Manner of Operation of Stations or Facilities

  • Stations must operate to minimize interference with frequencies of other stations
  • Maintains the grantee’s privilege to use assigned wavelengths without quality compromise
  • Emphasis on maximizing service quality and availability

Prior Approval of the National Telecommunications Commission (NTC)

  • Authorization from NTC required for construction and operation of stations
  • No use of frequencies without NTC approval
  • NTC must not unreasonably withhold or delay permits
  • Disposal or leasing of facilities only to entities with broadcasting franchises
  • Requires informing and securing NTC written authorization before transactions
  • Transactions must be reported to NTC within 60 days after completion
  • Sanctions determined by NTC for violations

Responsibility to the Public

  • Grantee must provide free public service time for government use on public issues and emergencies
  • Programming must be sound, balanced, promote public participation, and conform to ethical standards
  • No broadcasting of obscene, indecent content, false information, or incitement to subversion
  • Public service time capped at 10% of paid commercials, adjustable during emergencies
  • NTC to issue implementing rules and regulations

Special Rights Reserved to the Government

  • Radio spectrum is national patrimony and usage is a state-granted privilege
  • President may temporarily take over stations during war, rebellion, calamity, or emergencies
  • Temporary suspension or use of stations may be authorized for public safety
  • Compensation to grantee for government use during such periods

Term of Franchise

  • Valid for 25 years from effectivity unless revoked or cancelled earlier
  • Franchise revoked ipso facto if grantee ceases continuous operation for 2 years

Self-Regulation and Content Control by Grantee

  • No prior censorship of broadcast content required
  • Grantee not liable for illegal or infringing content broadcasted unless willfully neglecting to stop incitement or indecency
  • Obligation to cut off broadcasts inciting treason, rebellion, sedition, or indecent/immoral content
  • Failure to comply a ground for franchise revocation

Warranty in Favor of the Government

  • Grantee holds all government levels free from claims arising from accidents or damages during station operations

Employment Creation Commitment

  • Grantee must create jobs and allow on-the-job training within franchise operations
  • Priority hiring to residents near principal office
  • Compliance with labor laws and reporting of employment in Securities and Exchange Commission (SEC) annual submissions

Restrictions on Transfer and Assignment

  • Sale, lease, transfer, usufruct, or assignment of franchise or controlling interest prohibited without prior Congressional approval
  • Congress to be informed within 60 days post-transaction
  • Failure to report results in automatic revocation
  • Successor entities bound by same franchise conditions

Dispersal of Ownership

  • At least 30% of outstanding capital stock must be offered to Filipino citizens via securities exchange or other methods within 5 years
  • Aims to encourage public participation as mandated by the Constitution
  • Noncompliance causes automatic franchise revocation

Annual Reporting Requirements

  • Grantee must submit annual reports to Congressional committees on Legislative Franchises and Public Services
  • Reports include compliance, business updates, audited financial statements, GIS filed with SEC, NTC certification, and ownership dispersal status
  • Report submission required for NTC permit applications

Penalties for Non-Compliance on Reporting

  • Fine of 500 pesos per working day for failing to submit annual reports
  • Collected by NTC separately and remitted to the National Treasury

Equality Clause

  • Any advantage or privilege granted to other broadcasting franchises shall also apply to this franchise, except for territorial coverage, term, or type of service
  • Applies only upon prior Congressional approval

Conditions on Franchise Amendments

  • Franchise is subject to amendment, alteration, or repeal by Congress as public interest requires
  • Not exclusive, allowing other franchises

Separability Clause

  • Invalidity of any law provision does not affect the validity of remaining provisions

Repealing Clause

  • Laws or regulations inconsistent with the Act are repealed, amended, or modified accordingly

Effectivity of the Act

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

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