Title
Franchise for Good News Sorsogon Broadcasting
Law
Republic Act No. 8119
Decision Date
Jul 16, 1995
Republic Act No. 8119 grants Good News Sorsogon Foundation, Inc. a franchise to operate radio and television broadcasting stations in the Bicol Region, with responsibilities including public service time, sound programming, and adherence to ethical standards, while also allowing temporary takeover by the government in times of emergency.
A

Operation and Interference Minimization

  • The grantee's stations must operate to minimize interference with other existing or future stations.
  • The grantee maintains the right to use its chosen frequencies without compromising transmission quality or service availability.

Regulatory Approvals

  • The grantee is required to secure necessary permits and licenses from the National Telecommunications Commission (NTC).
  • No use of radio/television frequencies is allowed without NTC authorization.
  • The NTC must not unreasonably withhold or delay granting permits.

Public Service Responsibilities

  • The grantee must allocate reasonable airtime for government communication on important public issues.
  • Programming must be sound, balanced, and promote community participation.
  • The grantee shall assist in public information and education functions.
  • Stations must adhere to ethical standards: no broadcasting of obscene or indecent content, false information, or content inciting subversion or treason.

Government's Emergency Rights

  • The President may temporarily take over or suspend operations of the stations during rebellion, public peril, calamity, emergency, disaster, or peace disturbances.
  • Temporary use can be granted to government agencies with due compensation to the grantee.

Franchise Term and Revocation

  • The franchise term is twenty-five (25) years from effectivity unless revoked or canceled earlier.
  • Continuous non-operation of the franchise for two (2) years shall result in automatic revocation.

Acceptance and Exercise of Franchise

  • The grantee must accept the franchise in writing within sixty (60) days after the Act's approval.
  • Failure to accept renders the franchise void.

Taxation Obligations

  • The grantee and successors pay regular taxes on property, buildings, and personal property as applicable.
  • A franchise tax of three percent (3%) on gross receipts from radio/television operations is required, in lieu of other taxes on the franchise or its earnings.
  • Income tax liabilities under the National Internal Revenue Code remain applicable.
  • Tax returns and payments are made to the Commissioner of Internal Revenue and subject to audit.

Self-Regulation and Censorship

  • No prior censorship on broadcasts, though the grantee must cut off any content inciting treason, rebellion, sedition, or containing indecent or immoral language.
  • Failure to enforce this may result in franchise cancellation.

Indemnification of Government

  • The grantee shall hold the national, provincial, and municipal governments harmless from claims arising from accidents or injuries related to construction or operation of stations.

Restrictions on Transfer and Assignment

  • The franchise and rights may not be leased, sold, transferred, or assigned without Congressional approval.
  • Any controlling interest transfer also requires prior Congressional approval.
  • Any transferee assumes all conditions and limitations of the original franchise.

Separability Clause

  • If any provision is declared invalid, the rest of the Act remains effective.

Amendment and Non-Exclusivity

  • Congress may amend, alter, or repeal the franchise when public interest demands.
  • The franchise is not exclusive.

Reporting Requirements

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

Effectivity of the Act

  • The Act becomes effective fifteen (15) days after publication in two (2) newspapers of general circulation.
  • It lapsed into law without the President's signature on July 16, 1995.

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