Title
Franchise Grant to Baycomms Broadcasting Corp.
Law
Republic Act No. 8718
Decision Date
Jul 16, 1998
Republic Act No. 8718 grants Baycomms Broadcasting Corporation a franchise to operate radio and television stations in the Philippines, subject to certain conditions and regulations, with the aim of providing commercial services and public interest programming.

Operational Restrictions and Interference

  • Stations must operate to minimize interference with other existing or lawful stations.
  • The grantee maintains the right to use its selected wavelengths or frequencies fully without diminished transmission or reception quality.

Regulation by National Telecommunications Commission (NTC)

  • Grantee must secure appropriate permits and licenses from the NTC before construction and operation.
  • Use of frequencies without NTC authorization is prohibited.
  • NTC must not unreasonably delay or withhold permits or licenses.

Public Service Obligations and Programming Standards

  • Grantee must allocate adequate public service time for government information dissemination.
  • Programming must be sound, balanced, and support public information and education.
  • Must adhere to ethics of honest enterprise.
  • Broadcasts must not contain obscene or indecent content or deliberately false or misleading information.
  • Prohibition against inciting or assisting subversive or treasonable acts.

Government Rights during Emergencies

  • The President may temporarily take over, operate, or suspend stations during war, rebellion, public peril, calamity, emergency, disaster, or peace disturbances.
  • Temporary use by government agencies allowed with due compensation.
  • Spectrum is a finite national patrimony; granted franchise is a state privilege revocable after due process.

Franchise Term and Conditions for Revocation

  • Franchise valid for 25 years unless revoked or cancelled earlier.
  • Ipso facto revocation occurs if grantee fails to:
    • Commence operations within 1 year after NTC permit approval.
    • Operate continuously for 2 years.
    • Commence operations within 3 years of Act's effectivity.

Acceptance and Compliance

  • Grantee must accept the franchise in writing within 60 days of the Act's effectivity.
  • Failure to accept renders the franchise void.

Bond Requirement

  • Grantee must file a bond with NTC guaranteeing compliance with franchise conditions; amount determined by NTC.
  • Bond cancellable after 3 years if conditions fulfilled.
  • Bond forfeiture results in franchise revocation.

Tax Obligations

  • Grantee liable for taxes on real estate, buildings, and personal property as applicable.
  • Must pay value-added tax (VAT) on gross receipts under RA 7716.
  • Income tax liability remains under the National Internal Revenue Code.
  • Tax returns subject to Bureau of Internal Revenue audit.

Self-Regulation and Content Control

  • No prior censorship required on broadcasts.
  • Grantee must immediately cut off broadcasts inciting treason, rebellion, sedition, or containing indecent/immoral content.
  • Failure to comply can lead to franchise cancellation.

Hold Harmless Provision

  • Grantee shall hold government entities harmless from claims arising from accidents or injuries related to station construction or operation.

Restrictions on Transfer and Ownership Changes

  • Franchise or rights cannot be leased, transferred, sold, assigned, or have usufruct granted without congressional approval.
  • No merger or transfer of controlling interest without Congress consent.
  • Successors subject to same terms and conditions.

Ownership Dispersal Requirement

  • At least 30% of outstanding capital stock must be offered in any Philippine securities exchange within 5 years after achieving national broadcasting network status.
  • "National broadcasting network" defined as operating 3 or more stations.
  • Noncompliance results in ipso facto revocation.

Compliance with Future Broadcast Policy

  • Grantee will comply with future general broadcast policy laws enacted by Congress.

Separability Clause

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

Amendability and Non-Exclusivity

  • Franchise subject to amendment, alteration, or repeal by Congress for public interest.
  • Not an exclusive grant of privileges.

Annual Reporting Requirement

  • Grantee must submit an annual report to Congress within 60 days after year-end on franchise compliance and operations.

Effectivity

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

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