Title
Franchise for Reliance Broadcasting Inc.
Law
Republic Act No. 10178
Decision Date
Sep 21, 2012
Republic Act No. 10178 grants Reliance Broadcasting Unlimited, Inc. the franchise to operate radio and television broadcasting stations in the Philippines, with obligations to provide public service, adhere to ethical standards, and obtain necessary permits, while also allowing temporary government takeover in times of emergency.
A

Operation Standards of Broadcasting Stations

  • Stations must be constructed and operated to minimize interference with existing or authorized stations.
  • Interference must be kept to a minimum without diminishing the grantee’s right to use its frequencies or affect transmission quality.

Requirement for NTC Approval

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

Public Service Obligations and Programming Ethics

  • Stations must allocate adequate public service airtime for government dissemination on important issues.
  • Programming must be sound, balanced, honest, and assist public information and education.
  • Obscene, indecent content and dissemination of false or misleading information that harms public interest or incites subversive acts are prohibited.

Government’s Reserved Rights

  • The President may, during war, rebellion, emergencies, or public safety concerns, temporarily take over, suspend, or authorize government use of the stations.
  • Due compensation to the grantee is mandated when government exercises such rights.
  • The radio spectrum is public patrimony; franchise use is a privilege subject to withdrawal after due process.

Franchise Term and Conditions for Revocation

  • The franchise term is 25 years unless revoked or cancelled sooner.
  • Automatic revocation if the grantee:
    • Does not start operations within one year from NTC permit approval.
    • Does not operate continuously for two years.
    • Does not commence operations within three years from the law’s effectivity.

Acceptance of Franchise

  • The grantee must accept the franchise in writing within 60 days of the law’s effectivity.
  • Failure to accept voids the franchise.

Bond Requirement

  • Grantee must file a compliance bond with NTC, amount set by the commission.
  • Bond is canceled after three years if conditions are met; otherwise, forfeited and franchise revoked.

Broadcasting Content Self-Regulation

  • No prior censorship required.
  • Grantee must cut off broadcasts that incite treason, rebellion, or contain indecent/immoral language or themes.
  • Failure to cut off such content constitutes cause for franchise cancellation.

Indemnification of Government

  • Grantee holds national and local governments harmless from claims related to accidents or injuries caused by station operations.

Nontransferability and Ownership Restrictions

  • Franchise and rights cannot be leased, transferred, sold, assigned, or merged without Congress approval.
  • Conditions of the Act bind any successor or assignee.

Ownership Dispersal Requirement

  • At least 30% of outstanding capital stock must be offered in the Philippine securities exchange within five years of becoming a national broadcasting network.
  • A national broadcasting network operates three or more radio and/or television stations.
  • Noncompliance results in automatic franchise revocation.

Equality Clause

  • Any benefits or exemptions granted to other broadcasting franchises apply immediately and unconditionally to this franchise.
  • Territory, franchise life, or type of service provisions are exempt from this clause.

Compliance With Future Broadcast Policies

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

Reportorial Obligations

  • Annual report on franchise compliance and operations must be submitted to Congress within 60 days after each calendar year.

Separability Clause

  • If any provision is declared invalid, other valid parts remain effective.

Amendability and Nonexclusivity

  • Congress may amend, alter, or repeal the franchise when public interest requires.
  • The franchise is nonexclusive.

Effectivity

  • The Act takes effect 15 days after publication in two newspapers of general circulation upon the grantee’s initiative.

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