Title
Central CATV, Inc. Franchise Law
Law
Republic Act No. 7969
Decision Date
Mar 30, 1995
Republic Act No. 7969 grants Central CATV, Inc. a franchise to establish and operate cable/community antennae television systems in the Philippines, allowing the reception and distribution of audio, visual, and other signals from national and foreign television and radio stations, subject to certain conditions and regulations.
A

Manner of Operation of Stations or Facilities

  • Operations must minimize interference with wavelengths or frequencies of existing or legally established stations.
  • Must maintain the right to use selected wavelengths or frequencies without diminishing transmission or reception quality.

Prior Approval of the National Telecommunications Commission (NTC)

  • Required to secure appropriate permits and licenses from the NTC.
  • Prohibition on using any radio or television frequency without NTC authorization.
  • NTC must not unreasonably delay or withhold approvals.

Responsibility to the Public

  • Provide adequate public service time for government information dissemination.
  • Maintain sound, balanced programming promoting public participation.
  • Assist in public information and education functions.
  • Adhere to ethics of honest enterprise.
  • Prohibit transmission of obscene, indecent, false, or misleading content detrimental to the public interest.
  • Prevent content inciting subversive or treasonable acts.

Right of Government During Emergencies

  • The President may temporarily take over or suspend operations during war, rebellion, emergencies, calamities, or disturbances.
  • Government authorized to operate or use facilities with due compensation to the grantee.

Term of Franchise

  • Valid for twenty-five (25) years from the Act's effectivity.
  • Franchise automatically revoked if operations cease continuously for two (2) years.

Acceptance and Compliance

  • Franchise acceptance must be in writing within 60 days of effectivity.
  • Failure to accept renders the franchise void.
  • Upon acceptance, the grantee must exercise franchise privileges.

Tax Provisions

  • Grantee liable for taxes on real estate, buildings, and personal property, excluding the franchise.
  • Franchise tax of three percent (3%) on gross receipts from business under the franchise.
  • Franchise tax is in lieu of all other taxes on the franchise or its earnings, except income taxes.
  • Mandatory filing of tax returns and subject to audit by the Bureau of Internal Revenue.

Self-Regulation and Undertaking

  • No prior censorship required except grantee must cut off broadcasts inciting treason, rebellion, sedition, or displaying indecent/immoral content.
  • Failure to cut off such content is valid cause for franchise cancellation.

Sale, Lease, Transfer, Usufruct, or Assignment

  • No leasing, transferring, selling, assigning, or merging of the franchise or controlling interest without Congressional approval.
  • Any entity acquiring the franchise is subject to the same conditions and restrictions.

Warranty in Favor of Governments

  • Grantee holds national, provincial, and municipal governments harmless from claims or damages related to construction or operation of stations and equipment.

Separability Clause

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

Repealability and Nonexclusivity

  • Franchise subject to amendment, alteration, or repeal by Congress as public interest requires.
  • Franchise is not an exclusive privilege.

Reportorial Requirement

  • Annual report submission to Congress within 60 days after each year’s end detailing compliance and operations.

Effectivity Clause

  • Act takes effect fifteen (15) days after publication in two newspapers of general circulation.

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