Title
Vimcontu Broadcasting Corp Franchise Law
Law
Republic Act No. 8116
Decision Date
Jul 9, 1995
Republic Act No. 8116 grants Vimcontu Broadcasting Corporation the authority to operate radio and television broadcasting stations in the Philippines, with responsibilities including ensuring minimal interference, providing public service time, and adhering to ethical broadcasting standards, while also subject to taxation and restrictions on ownership and transfer of the franchise.

Operation and Interference Guidelines

  • Stations must operate to minimize interference with other existing or future stations.
  • The grantee retains the right to use selected frequencies without diminishing transmission or reception quality.

National Telecommunications Commission (NTC) Regulation

  • The grantee must secure appropriate permits and licenses from the NTC before operating any station or using frequencies.
  • The NTC must not unreasonably withhold or delay granting authorizations.

Public Service and Programming Responsibilities

  • Reasonable public service time must be allocated for government communication on important issues.
  • Programming must be sound, balanced, promote public participation, and assist public information and education.
  • The grantee must adhere to ethical standards, avoid broadcasting obscene or indecent content, and not disseminate false information or incitements against public interest.

Government’s Special Rights

  • The President has the right to temporarily suspend station operations during rebellion, public peril, calamity, emergency, or disturbances.
  • The government may take temporary control and operation of stations with due compensation to the grantee.

Franchise Term and Revocation

  • The franchise term is 25 years from approval unless revoked or canceled earlier.
  • Failure to operate continuously for two years results in automatic revocation.

Acceptance and Commencement of Privileges

  • The grantee must accept the franchise in writing within 60 days of approval.
  • Failure to accept renders the franchise void.

Taxation Obligations

  • The grantee must pay taxes on property like other entities.
  • A franchise tax of three percent (3%) on gross receipts from radio/TV business under the franchise is imposed.
  • Franchise tax is in lieu of all taxes on the franchise or earnings, but income tax obligations continue.
  • Tax returns must be filed and are subject to Bureau of Internal Revenue audit.

Public Ownership Requirements

  • To democratize ownership, the grantee must offer at least thirty percent (30%) of its common stock to the public through stock exchanges within three years.
  • No individual or entity may own more than five percent (5%) of these offerings.

Broadcast Content Self-Regulation

  • No prior censorship of broadcasted material is required by the grantee.
  • The grantee must cut off broadcasts inciting treason, rebellion, sedition, or those with indecent or immoral content.
  • Failure to do so may result in franchise cancellation.

Liability and Hold Harmless Clause

  • The grantee shall hold national and local governments harmless from all claims, damages, or injuries related to station construction or operation.

Restrictions on Transfer or Assignment

  • The franchise cannot be leased, transferred, sold, or assigned without prior Congressional approval.
  • Transferees are subject to all original franchise conditions and restrictions.

Separability Provision

  • If any provision is invalidated, the remainder of the Act remains effective.

Compliance with Future Broadcast Policies

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

Amendment and Non-Exclusivity

  • The franchise is subject to amendment, alteration, or repeal by Congress when public interest requires.
  • It does not grant exclusive privileges to the grantee.

Repeal and Effectivity

  • Previous related laws (Republic Acts 4198 and 4545) are repealed or amended.
  • The Act takes effect 15 days after publication in at least two newspapers.
  • The law lapsed into effect without the President's signature, pursuant to constitutional provision.

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