Title
Source: Supreme Court
Renewal of GMA Network's Broadcast Franchise
Law
Republic Act No. 10925
Decision Date
Apr 21, 2017
Republic Act No. 10925 amends the franchise of GMA Network, Inc., allowing them to operate radio and television broadcasting stations in the Philippines for commercial purposes and public interest, while adhering to regulations on interference, public service, content, and labor standards.

Law Summary

Operation and Interference

  • The grantee must construct and operate stations minimizing interference with existing or legally established stations.
  • The right to use assigned wavelengths or frequencies must not be diminished, ensuring quality transmission and maximum service availability.

National Telecommunications Commission (NTC) Approval

  • The grantee must secure the appropriate permits and licenses from the NTC to operate its stations.
  • Use of any radio/television frequency requires authorization by the NTC.

Public Service Obligations

  • The grantee must allocate free public service time equivalent to 10% of paid commercial time for government use and international humanitarian organizations.
  • Public service time may be increased by NTC during emergencies or calamities.
  • Programming must be sound, balanced, promote participation, provide public information and education, adhere to ethics, and avoid obscene or false broadcasts.
  • Radio and TV content should not incite subversive acts or spread false information.

Labor Standards Compliance

  • The grantee and its successors must comply with existing labor laws and regulations applicable to the broadcast industry.

Government Rights in Emergencies

  • The President may temporarily take over, operate, or suspend the grantee’s stations during war, rebellion, public peril, disaster, or serious peace disturbances.
  • Temporary use by government agencies must include due compensation to the grantee.

Franchise Duration and Revocation

  • The franchise is valid for 25 years unless revoked or cancelled.
  • Failure to operate continuously for two years leads to automatic revocation.

Acceptance of Franchise

  • The franchise must be accepted in writing within 60 days from effectivity.
  • Non-acceptance renders the franchise void.

Tax Obligations

  • The grantee remains subject to all applicable national and local taxes and fees under existing tax laws.

Self-Regulation and Censorship

  • The grantee must not practice prior censorship but must refrain from airing content inciting treason, rebellion, or containing indecent or immoral language.
  • Failure allows for franchise cancellation.

Hold Harmless Clause

  • The grantee holds the national and local governments harmless from claims or damages arising from station construction or operation.

Restrictions on Transfer and Assignment

  • The franchise cannot be sold, leased, transferred, assigned, or have controlling interest transferred without Congressional approval.
  • Any transferee assumes all franchise conditions.

Compliance with Future Broadcast Policies

  • The grantee must comply with future general broadcast policy laws enacted by Congress.

Annual Reporting

  • The grantee must submit an annual report to Congress on franchise compliance and operations by April 30 each year.

Equality Clause

  • Any advantage or privilege granted to other broadcast franchises, upon Congressional approval, applies immediately and unconditionally to this grantee, except for territorial coverage, franchise lifespan, or authorized services.

Separability Clause

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

Amendment and Nonexclusivity

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

Effectivity

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

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