Title
Franchise for AZ Communications Network, Inc.
Law
Republic Act No. 8165
Decision Date
Sep 23, 1995
Republic Act No. 8165 grants AZ Communications Network, Inc. a franchise to establish and operate various communication stations in the Philippines, subject to permits, ethical standards, and rate approval, with the provision for temporary government takeover in times of emergency, a 25-year validity period, tax obligations, and the ability for Congress to amend or repeal the franchise.

Regulation of Operation and Frequency Use

  • Facilities must be operated to minimize interference with the frequencies used by existing or lawfully established stations.
  • The grantee’s right to use its selected frequencies and maintain transmission quality shall not be diminished.

Permits and Licensing Requirements

  • The grantee must secure appropriate permits and licenses from the National Telecommunications Commission (NTC).
  • No frequency shall be used without NTC authorization.
  • The NTC shall not unreasonably withhold or delay permit or license approval.

Ethical and Public Responsibility

  • The grantee must adhere to honest business practices.
  • Stations shall not be used for obscene or indecent transmissions, deliberate falsehoods, misrepresentations, or activities supporting subversion or treason.

Rates and Charges

  • Service charges and rates (excluding equipment sales/lease) offered to the public require NTC approval.

Government’s Rights in Emergencies

  • The President may temporarily take over or suspend station operations in times of war, rebellion, emergency, or disaster.
  • Use by government agencies during such periods shall be compensated.

Franchise Term and Revocation

  • The franchise term is 25 years from enactment unless revoked or cancelled sooner.
  • Failure to continuously operate for two years results in automatic revocation.

Tax Obligations

  • The grantee shall pay taxes on real and personal property like any other entity.
  • A franchise tax equal to 3% of gross receipts from business operations under the franchise is required.
  • Income tax obligations remain under current laws.
  • Tax returns are filed with and audited by the Bureau of Internal Revenue.

Restrictions on Transfer and Assignment

  • The franchise or rights cannot be sold, leased, transferred, assigned, or merged without prior congressional approval.
  • Transfer of controlling interest requires congressional approval.
  • Successors or assignees are bound by the Act’s provisions.

Indemnity to Government

  • The grantee indemnifies the national, provincial, and municipal governments against claims arising from accidents or injuries related to station operations or construction.

Legal Provisions

  • Separability Clause ensures remaining provisions stay valid if any part is invalidated.
  • The franchise is subject to amendment or repeal by Congress in the public interest.
  • The franchise is nonexclusive.

Reporting Requirement

  • An annual compliance and operational report must be submitted by the grantee to Congress within 60 days after each year’s end.

Effectivity

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

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