Title
Franchise for Amcara Broadcasting Network
Law
Republic Act No. 8135
Decision Date
Jul 16, 1995
Republic Act No. 8135 grants Amcara Broadcasting Network, Inc. the franchise to establish and operate various forms of radio and television broadcasting stations in the Philippines, subject to certain responsibilities and restrictions, for a term of 25 years.
A

Operation of Stations

  • Stations must be operated to cause minimum interference with other stations' frequencies.
  • Grantee retains full right to use its selected frequencies and ensure quality transmissions.

National Telecommunications Commission (NTC) Approval

  • Grantee must secure all necessary NTC permits and licenses before operating.
  • Use of frequencies without NTC authorization is prohibited.
  • NTC cannot unreasonably delay or withhold permits.

Public Service and Content Responsibility

  • Grantee must allocate adequate airtime for government public information.
  • Programming must be sound, balanced, honest, and educational.
  • Stations prohibited from broadcasting obscene, indecent, false, or misleading content that harms public interest or incites subversive acts.

Government's Special Rights

  • President may temporarily take over or suspend operation of stations during rebellion, emergencies, or public peril.
  • Temporary use of stations by the government requires due compensation to the grantee.

Franchise Term

  • Franchise valid for 25 years from approval date.
  • Franchise considered revoked if station operation ceases for two consecutive years.

Acceptance of Franchise

  • Franchise becomes effective only upon written acceptance by the grantee.
  • Failure to accept means franchise void.

Tax Obligations

  • Grantee liable for taxes on properties like other taxpayers.
  • Must pay 3% franchise tax on gross receipts from broadcasting operations.
  • Income taxes also applicable per existing laws.
  • Returns filed and paid to Commissioner of Internal Revenue; subject to audit.

Self-Regulation and Censorship

  • No prior censorship required for broadcast material.
  • Grantee must cut off broadcasts that incite treason, sedition, or contain indecent content.
  • Failure to enforce this is valid ground for franchise cancellation.

Indemnity to Government

  • Grantee must hold national and local governments harmless from claims arising from station operations including accidents or injuries.

Restrictions on Transfer of Franchise

  • Franchise and associated rights cannot be sold, leased, assigned, or transferred without Congressional approval.
  • Transferees subject to same law conditions.

Compliance with Future Laws

  • Grantee required to follow any general broadcast policy laws enacted by Congress.

Separability Clause

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

Amendability and Nonexclusivity

  • Congress may amend, repeal, or alter franchise as public interest requires.
  • Franchise is not exclusive.

Effectivity

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

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