Operation and Interference
- Stations/facilities must minimize interference with existing or future lawfully established stations.
- Must preserve grantee's privileges to use assigned frequencies/wavelengths without diminishing transmission/reception quality.
Role of the National Telecommunications Commission (NTC)
- Grantee must secure a Certificate of Public Convenience and Necessity, and obtain appropriate permits and licenses from NTC.
- NTC may impose conditions on construction, operation, maintenance, or service level.
- NTC has regulatory authority over grantee's telecommunications systems including frequency use.
- Permit issuance should not be unreasonably withheld or delayed.
Excavation and Restoration
- Grantee may excavate or lay conduits in public areas with prior approval from DPWH and local government units (LGUs).
- Must restore disturbed public infrastructure according to DPWH/LGU standards.
- Failure to restore within 10 days of notice allows DPWH/LGU to conduct restoration and charge grantee double the costs.
Public Responsibility and Ethics
- Operation must adhere to honest enterprise ethics; prohibits obscene transmissions, false information, or assistance in subversive/treasonable acts.
- Stations and equipment must be maintained in satisfactory condition and upgraded as technology advances.
- Service improvements prioritized in underserved and disaster-prone areas as determined by relevant councils.
- Compliance with "The Free Mobile Disaster Alerts Act" ensured through equipment and service upgrades.
Rates and Charges Regulation
- Charges for telecommunication services are subject to NTC approval, except for services that may be deemed nonregulated in the future.
Government Rights
- Radio spectrum is a national patrimony; use is a privilege, revocable after due process.
- The President may temporarily suspend operation of stations or authorize government use during emergencies with due compensation.
Franchise Term and Conditions for Revocation
- Franchise valid for 25 years from effectivity.
- Ipso facto revocation if grantee fails to:
- Commence operations within 1 year of NTC permit approval;
- Commence operations within 3 years from effectivity of the act;
- Operate continuously for 2 years.
Employment Commitments
- Grantee must create employment and allow on-the-job training prioritizing residents near its offices.
- Must comply with applicable labor laws and reflect employment data in annual Securities and Exchange Commission submissions.
Taxation
- Grantee liable for taxes on real estate, buildings, and personal properties like other corporations.
- Radio and electronic communication equipment related to business exempt from customs duties and other taxes.
- Subject to value-added tax on gross receipts under the franchise but exempt from other local/national taxes.
- Income tax liability continues as per existing laws.
- Tax filings and audits governed by Bureau of Internal Revenue.
Bond Requirement
- Grantee must post a bond with NTC to guarantee compliance with franchise conditions.
- Bond release after 3 years of compliance; forfeiture and franchise revocation otherwise.
Interconnection Rights
- Authorized to connect telecommunications systems with other duly authorized entities.
- Interconnection terms subject to mutual agreement and NTC review.
Government Indemnity
- Grantee shall hold national and local governments free from claims or liabilities arising from accidents during operations or construction.
Mobile Number Portability (MNP)
- Mandated to provide MNP and interconnect with other franchisees.
- Prohibited from installing features that impede nationwide MNP.
- NTC empowered to promulgate implementing rules.
Restrictions on Franchise Transfer
- Prohibits sale, lease, transfer, assignment, or granting usufruct of the franchise or controlling interest without prior Congressional approval.
- Any transferee subject to the same franchise terms.
Ownership Dispersal
- Must offer at least 30% of outstanding capital stock to Filipino citizens within 5 years from operation commencement.
- Alternative public participation methods if public offering is not applicable.
- Failure to comply leads to ipso facto revocation.
Annual Reporting
- Annual report on franchise compliance and operations to be submitted to Congress committees each April 30.
- NTC requires congressional reportorial compliance certificate prior to issuing permits or certificates.
Penalties for Reportorial Noncompliance
- Failure to submit reports results in a fine of P1,000,000 per working day after other franchisees are covered.
- Interim fine of P500 per working day applies beforehand.
- Fines collected by NTC and remitted to National Treasury.
Equality Clause
- Any advantages granted under existing or future franchises also apply to the grantee, to the extent not affecting territory, franchise lifespan, or service type.
Amendment and Exclusivity
- Franchise subject to amendment, alteration or repeal by Congress in public interest.
- Not an exclusive privilege.
Separability Clause
- Invalidity of any section does not affect the validity of other provisions.
Repealing Clause
- Conflicting laws, decrees, executive orders, and regulations are repealed or modified accordingly.
Effectivity
- Law takes effect 15 days after publication in Official Gazette or newspaper of general circulation.