Title
Franchise for Filipinas Broadcasting Network
Law
Republic Act No. 8168
Decision Date
Sep 23, 1995
Republic Act No. 8168 grants Filipinas Broadcasting Network, Inc. the franchise to operate radio and television broadcasting stations in the Philippines, subject to regulations and responsibilities, including providing public service time, adhering to ethical standards, and allowing temporary government takeover in times of emergency.
A

Operational Standards and Frequency Use

  • Stations must be constructed and operated to minimize interference with existing and future stations.
  • Grantee retains rights to its selected frequencies and to maintain transmission quality.

Regulatory Compliance with NTC

  • Grantee must obtain permits and licenses from the National Telecommunications Commission (NTC).
  • Use of any frequency without NTC authorization is prohibited.
  • NTC must not unreasonably withhold or delay approvals.

Public Service Responsibilities

  • Grantee must allocate adequate airtime for government announcements on important public issues.
  • Must provide sound, balanced programming and assist public information and education.
  • Ethical standards include prohibition of broadcasting obscene content or false information detrimental to public interest.
  • Must not incite or encourage subversive or treasonable acts.

Government’s Special Rights

  • President of the Philippines may take over, suspend operation, or authorize government use of the stations during rebellion, emergency, or calamities.
  • Such temporary use warrants due compensation to the grantee.

Franchise Term and Continuity

  • Term is 25 years from approval date, renewable unless revoked.
  • Non-operation of the stations for two consecutive years results in automatic revocation.

Acceptance Conditions

  • Written acceptance of the franchise must be given within 60 days after approval.
  • Nonacceptance voids the franchise.

Taxation Obligations

  • Grantee pays standard taxes on property and franchise tax equal to 3% of gross receipts from broadcasting business.
  • Subject to income tax under existing laws and filing requirements with the Bureau of Internal Revenue.

Content Self-Regulation

  • No prior censorship required before broadcast.
  • Mandatory broadcast cut-off for content inciting treason, rebellion, indecency, or immorality.
  • Failure to comply can lead to franchise cancellation.

Liability and Indemnification

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

Restrictions on Transfer and Ownership

  • Prohibits leasing, transfer, sale, or assignment of the franchise or controlling interest without Congress approval.
  • Any transferee is bound by the same franchise conditions.

Compliance with Future Broadcast Laws

  • Grantee must comply with any general broadcast policy law enacted by Congress subsequently.

Separability Clause

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

Amendability and Nonexclusivity

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

Effectivity

  • The Act becomes effective upon approval.
  • The franchise lapsed into law without the President's signature, as provided under the Constitution.

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