Franchise for Times Broadcasting Network Corporation

Section 2 requires the grantee’s stations or facilities to be constructed and operated to result in only the minimum interference on the wavelengths or frequencies of other existing stations or stations established by law.
Section 2 preserves the grantee’s right to use its selected wavelengths or frequencies and requires that transmission or reception quality be maximized to improve the grantee’s services and/or their availability.

Section 3 requires the grantee to secure from the National Telecommunications Commission (NTC) the appropriate permits and licenses for its stations.
Section 3 prohibits the grantee from using any frequency in the radio/television spectrum without NTC authorization.
Section 3 directs that the NTC shall not unreasonably withhold or delay authority for such use.

Section 4 requires the grantee to provide adequate public service time so that the government can reach the population on important public issues through the grantee’s broadcasting stations.
Section 4 requires the grantee to provide at all times sound and balanced programming.
Section 4 obligates the grantee to assist in functions of public information and education and to conform to the ethics of honest enterprise.
Section 4 prohibits the grantee from using its stations to broadcast obscene and indecent language, speech, act, or scene.
Section 4 prohibits the grantee from disseminating deliberately false information or willful misrepresentation.
Section 4 prohibits broadcasts that are to the detriment of the public interest or that incite, encourage, or assist in subversive or treasonable acts.

Section 5 reserves to the President of the Philippines a special right in times of rebellion, public peril, calamity, emergency, disaster, or disturbance of peace and order.
Section 5 authorizes the President to temporarily take over and operate the grantee’s station(s).
Section 5 authorizes the President to temporarily suspend the operation of any station in the interest of public safety, security, and public welfare.
Section 5 authorizes the President to authorize temporary use and operation of the stations by any government agency.
Section 5 requires due compensation to the grantee for station use during periods when operated by the government.

Section 6 sets the franchise term at twenty-five (25) years from the date of approval of this Act, unless sooner revoked or cancelled.
Section 6 provides that if the grantee fails to operate continuously for two (2) years, the franchise is ipso facto revoked.
Section 7 states the franchise becomes effective upon acceptance in writing by the grantee.
Section 7 provides that upon acceptance, the grantee must exercise the privileges granted under the Act.
Section 7 provides that nonacceptance renders the franchise void.

Section 8 makes the grantee, its successors or assigns liable to pay the same taxes on its real estate, buildings, and personal property (exclusive of the franchise) as other persons or corporations required by law to pay.
Section 8 imposes a franchise tax equivalent to three percent (3%) of all gross receipts of the radio/television business transacted under the franchise.
Section 8 provides that the grantee continues to be liable for income taxes payable under Title II of the National Internal Revenue Code pursuant to Section 2 of Executive Order No. 72 unless that enactment is amended or repealed.
Section 8 requires the grantee to file the return with and pay the tax due to the Commissioner of Internal Revenue or duly authorized representatives in accordance with the National Internal Revenue Code.
Section 8 provides that the return is subject to audit by the Bureau of Internal Revenue.

Section 9 prohibits the grantee from requiring any previous censorship of any speech, play, act, or scene, or other matter to be broadcast and/or telecast from its stations.
Section 9 requires the grantee, during any broadcast and telecast, to cut off from the air any speech, play, act or scene, or other matter being broadcast if its tendency is to propose and/or incite treason, rebellion, or sedition.
Section 9 requires cut-off if the language used is indecent or immoral or if the theme is indecent or immoral.
Section 9 provides that willful failure to cut off as required constitutes a valid cause for the cancellation of this franchise.

Section 10 requires the grantee to hold the national, provincial, and municipal governments harmless from all claims, accounts, demands, or actions.
Section 10 covers claims arising out of accidents or injuries, whether to property or persons.
Section 10 limits covered liability to accidents or injuries caused by the construction or operation of the grantee’s stations.

Section 11 prohibits the grantee from leasing, transferring, granting usufruct of, selling, or assigning the franchise or the rights and privileges acquired thereunder.
Section 11 prohibits transfer to any person, firm, company, corporation, or other commercial or legal entity.
Section 11 prohibits transferring the grantee’s controlling interest to any such private person, firm, company, corporation, or entity.
Section 11 requires prior approval of the Congress of the Philippines for any such transfer of franchise rights or controlling interest.
Section 11 provides that any person or entity to which the franchise is sold, transferred, or assigned is subject to all the same conditions, terms, restrictions, and limitations of the Act.

Section 12 requires the grantee to comply with a general broadcast policy law that Congress may hereafter enact.

Section 13 provides a separability rule: if any section or provision is held invalid, all other provisions not affected remain valid.
Section 14 subjects the franchise to amendment, alteration, or repeal by Congress when the public interest so requires.
Section 14 states the franchise shall not be interpreted as an exclusive grant of the privileges provided.

Section 15 provides that the Act takes effect fifteen (15) days from the date of its publication in at least two (2) newspapers of general circulation in the Philippines.

Republic Act No. 8152 is titled “AN ACT GRANTING THE TIMES BROADCASTING NETWORK CORPORATION A FRANCHISE TO ESTABLISH, CONSTRUCT, INSTALL, MAINTAIN AND OPERATE RADIO AND TELEVISION BROADCASTING STATIONS WITHIN THE PHILIPPINES, AND FOR OTHER PURPOSES.”
Republic Act No. 8152 is September 04, 1995 in date of approval, and it lapsed into law on September 4, 1995 without the President’s signature pursuant to Sec. 27(1), Article VI of the Constitution.
The Act requires publication in at least two (2) newspapers of general circulation in the Philippines for the 15-day effectivity period under Section 15.
The Act states it originated in the House of Representatives and was finally passed by the House of Representatives and Senate on February 14, 1995 and February 20, 1995, respectively.