Title
Streamtech Telecom Franchise Grant
Law
Republic Act No. 11089
Decision Date
Oct 18, 2018
Republic Act No. 11089 grants Streamtech Systems Technologies, Inc. a franchise to operate telecommunications systems in the Philippines, subject to regulation by the National Telecommunications Commission, with responsibilities including maintaining quality transmission, extending services to underserved areas, and complying with government rates and charges.

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.

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