Title
Franchise for Itransmission Inc. broadcasting
Law
Republic Act No. 9386
Decision Date
Mar 10, 2007
Republic Act No. 9386 grants ITransmission Inc. a franchise to operate radio and television broadcasting stations in the Philippines, with responsibilities including providing public service time, adhering to ethical standards, and allowing temporary government takeover in times of emergency.
A

Operation Standards and Interference

  • Operations must minimize interference on wavelengths or frequencies of existing or lawful future stations.
  • The grantee maintains rights to use selected frequencies without diminishing transmission or reception quality.

Regulatory Approvals and Permits

  • The grantee must secure permits and licenses from the National Telecommunications Commission (NTC) before construction and operation.
  • Use of any frequency without NTC authorization is prohibited.
  • The NTC is tasked not to unreasonably withhold or delay approvals.

Public Service Obligations

  • The grantee must provide adequate airtime for government communication on important public issues.
  • Programming must be sound, balanced, and supportive of public information and education.
  • Broadcasting of obscene language, false information, or material inciting treason or rebellion is prohibited.

Government's Special Rights

  • The President may temporarily take over, suspend operation, or authorize government use of stations during emergencies such as war, rebellion, calamity, or public peril.
  • Compensation to the grantee is required when stations are operated by the government temporarily.
  • The franchise and use of radio spectrum are privileges that can be withdrawn after due process.

Franchise Term and Conditions for Revocation

  • The franchise term is 25 years from the law's effectivity unless revoked earlier.
  • Automatic revocation occurs if the grantee fails to:
    • Commence operations within one year of NTC approval.
    • Operate continuously for at least two years.
    • Start operations within three years from the law’s effectivity.

Acceptance of Franchise

  • The grantee must accept the franchise in writing within 60 days from law effectivity.
  • Failure to accept renders the franchise void.

Bond Requirement

  • The grantee must post a bond with the NTC to guarantee compliance with franchise conditions.
  • The bond will be cancelled after three years if conditions are met, else forfeited and franchise revoked.

Tax Obligations

  • The grantee is subject to all applicable taxes, duties, fees, and charges under the National Internal Revenue Code and other laws.
  • Existing tax exemptions or incentives are not repealed.
  • The grantee shall file tax returns at their principal place of business and is subject to Bureau of Internal Revenue audits.

Self-regulation and Censorship

  • No prior censorship is required for broadcasts.
  • The grantee must cut off any broadcast that incites treason, rebellion, or contains indecent/immoral content.
  • Failure to do so may lead to franchise cancellation.

Right of Reply

  • Individuals aggrieved by remarks or statements broadcasted via the grantee’s facilities are entitled to reply in the same or another program.

Hold Harmless Clause

  • The grantee must indemnify government entities from claims arising from accidents or injuries related to the stations' construction or operation.

Nontransferability of Franchise

  • The franchise cannot be leased, transferred, sold, assigned, or merged without prior Congressional approval.
  • Violation results in automatic revocation.
  • Any transferee is subject to the same terms and conditions.

Equality Clause

  • The grantee is entitled to all advantages and benefits granted to existing or future franchises, excluding territory, term length, or service type differences.

Compliance with General Broadcast Law

  • The grantee is subject to any future general broadcast policy law enacted by Congress.

Annual Reporting Requirement

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

Separability

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

Repealability and Nonexclusivity

  • The franchise may be amended, altered, or repealed by Congress in the public interest.
  • The franchise is not exclusive.

Effectivity

  • The law takes effect 15 days after publication in two major newspapers, initiated by the grantee.

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