Title
Franchise for E.M. Orosco and Sons for Broadcast
Law
Republic Act No. 8717
Decision Date
Jul 16, 1998
Republic Act No. 8717 grants E.M. Orosco & Sons, Inc. a franchise to operate radio and television broadcasting stations in the Philippines, subject to certain conditions and regulations, including providing public service time, adhering to ethical standards, and allowing temporary government takeover in times of emergency.
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Operation of Stations and Minimizing Interference

  • Stations must be constructed and operated to minimize interference with existing or legally established stations.
  • The grantee retains the right to use its selected frequencies without quality compromise.

Regulatory Approvals

  • The grantee must secure permits and licenses from the National Telecommunications Commission (NTC) for construction and operation.
  • Use of frequencies without NTC authorization is prohibited.
  • The NTC must not unreasonably delay or withhold approval.

Public Service Obligations and Ethical Standards

  • The grantee must provide adequate airtime for government use on public issues.
  • Programming must be sound, balanced, informative, and educational.
  • All broadcasts must conform to ethical standards and avoid obscene, indecent, false, or subversive content.

Government's Special Rights in Emergencies

  • The President may temporarily take over, suspend, or authorize use of the stations during war, rebellion, public peril, calamity, or emergency.
  • Compensation must be paid for government use.
  • The radio spectrum is a national patrimony and the franchise is a State-granted privilege subject to withdrawal after due process.

Franchise Term and Conditions for Revocation

  • The franchise term is 25 years from effectivity, unless revoked or cancelled earlier.
  • Ipso facto revocation occurs if the grantee:
    • Fails to commence operations within 1 year after NTC permit approval;
    • Does not operate continuously for 2 years;
    • Fails to commence operations within 3 years from the franchise effectivity.

Acceptance of Franchise

  • Written acceptance required within 60 days from effectivity.
  • Non-acceptance renders the franchise void.

Bond Requirement

  • The grantee must file a bond with the NTC to guarantee compliance.
  • The bond amount is determined by the NTC.
  • Bond is cancelled if conditions are fulfilled within 3 years after permit approval.
  • Failure to comply results in forfeiture of bond and revocation of franchise.

Tax Obligations

  • The grantee is liable for taxes on real estate, buildings, and personal property like other taxpayers.
  • Must pay value-added tax on gross receipts under Republic Act No. 7716.
  • Income taxes payable under the National Internal Revenue Code remain applicable.
  • Tax returns and payments must be filed with and made to the Bureau of Internal Revenue (BIR).

Self-Regulation and Broadcast Conduct

  • No prior censorship required for broadcasts.
  • Grantee must cut off content inciting treason, rebellion, sedition, or that is indecent or immoral.
  • Failure to comply is grounds for franchise cancellation.

Hold Harmless Provision

  • The grantee must indemnify the national and local governments from claims related to accidents or injuries caused by station construction or operation.

Restrictions on Transfer and Assignment

  • Franchise or controlling interest cannot be leased, transferred, sold, assigned, or merged without Congressional approval.
  • Transferees are bound by the same franchise conditions.

Ownership Dispersal Requirement

  • At least 30% of outstanding capital stock must be offered in a Philippine securities exchange within 5 years of becoming a national broadcasting network.
  • A national broadcasting network operates three or more radio and/or television stations.
  • Non-compliance causes automatic revocation.

Compliance with Future Broadcast Policy

  • The grantee must comply with any general broadcast policy law enacted by Congress.

Separability Clause

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

Amendability and Non-Exclusivity

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

Annual Reporting

  • The grantee must submit an annual compliance and operations report to Congress within 60 days after each calendar year.

Effectivity

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

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