Title
Franchise for New Century Telecoms Inc.
Law
Republic Act No. 8280
Decision Date
Apr 10, 1997
New Century Telecoms, Inc. is granted a 25-year franchise to establish and operate mobile and fixed wireless telecommunications systems, subject to regulation by the National Telecommunications Commission and compliance with public service obligations.
A

Operation of Stations and Interference

  • Stations must be operated to cause only minimum interference to existing or lawful stations.
  • The grantee retains the right to use its selected wavelengths or frequencies without quality diminution.

Regulation by the National Telecommunications Commission (NTC)

  • Grantee must secure a certificate of public convenience and other necessary permits from the NTC.
  • The NTC can impose conditions on construction, operation, maintenance, and service levels.
  • No frequency use without NTC authorization.
  • Certificates specify service areas and commencement date.
  • NTC shall not unreasonably withhold permits or licenses.

Obligations and Public Service Responsibilities

  • Grantee must adhere to ethics and avoid obscene, indecent, false, or subversive transmissions.
  • Must provide basic or enhanced telephone service without discrimination, in order of applications, within exchange capacity.
  • Expansion of capacity required to meet increased demand, subject to economic viability.
  • Stations, lines, cables, systems, and equipment must be maintained satisfactorily and updated with technological advances.

Rates and Charges

  • Charges for services, except non-regulated ones, are subject to NTC approval.
  • Rates must be unbundled, separable, and should prevent regulated services from subsidizing unregulated services.

Government's Special Rights

  • The President may temporarily take over, operate, suspend, or authorize governmental use of facilities during emergencies with compensation.
  • Radio spectrum is a national patrimony; usage granted as a privilege and may be withdrawn with due process.

Franchise Term and Revocation Conditions

  • Franchise term of 25 years unless earlier revoked or cancelled.
  • Ipso facto revocation if grantee fails to commence operations within 3 years of permit approval or 5 years of effectivity, or fails to operate continuously for 2 years.

Acceptance and Compliance

  • Grantee must accept franchise in writing within 60 days from effectivity.
  • Failure to accept renders franchise void.

Bond Requirement

  • Grantee must file a compliance bond with the NTC.
  • Bond amount determined by the NTC to guarantee franchise conditions.
  • Cancellation of bond after 5 years of compliance; forfeiture and revocation if not fulfilled.

Interconnection Rights

  • Grantee may connect or demand connection to other authorized telecommunications systems.
  • Interconnection terms subject to mutual agreement and NTC review/modification.

Taxation

  • Grantee liable for taxes on real estate, buildings, personal property, and telecommunication business.
  • Must pay either VAT or a franchise tax rate (3% or as prescribed), whichever is higher.
  • Income tax liability continues under existing law unless amended.
  • Tax returns filed with and subject to audit by the Bureau of Internal Revenue.

Accounting and Reporting

  • Maintain separate accounts of gross receipts.
  • Annual submission of gross receipts to Commission on Audit and National Treasury by January 31 each year.
  • Books open to inspection by Commission on Audit.
  • Quarterly submission of reports on gross receipts, net profits, and business condition.

Indemnity to Government

  • Grantee holds national and local governments harmless from claims arising from accidents or injuries related to operations.

Restrictions on Transfer and Ownership

  • Franchise or rights may not be leased, transferred, assigned, sold, merged, or have controlling interest transferred without Congressional approval.
  • Any such party assumes all franchise conditions and restrictions.

Public Ownership Requirement

  • Grantee must offer at least 30% of outstanding capital stock for public trading in Philippine securities exchange within 5 years of operations.
  • Failure to comply leads to automatic revocation of the franchise.

Separability Clause

  • Invalidity of any provision does not affect the validity of other provisions.

Amendment and Non-Exclusivity

  • Congress may amend, alter, or repeal the franchise as public interest requires.
  • Franchise is not exclusive.

Reportorial Requirements

  • Annual report to Congress on compliance and operations due within 60 days after year-end.

Effectivity

  • Act takes effect 15 days after publication in two newspapers of general circulation.
  • Approved by lapse into law without Presidential signature.

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