Title
RA 11316: PBN Broadcast Franchise Extension
Law
Republic Act No. 11316
Decision Date
Apr 12, 2019
Republic Act No. 11316 extends the broadcasting franchise of PBN Broadcasting Network, Inc. for an additional 25 years, mandating compliance with public service obligations, operational regulations, and government oversight to ensure responsible broadcasting in the public interest.

Operation of Stations and Facilities

  • Operations must minimize interference with existing and future stations while maintaining quality transmission.
  • Must fully utilize assigned wavelengths or frequencies.

Permits and Licenses from the National Telecommunications Commission (NTC)

  • NTC approval required for construction and operation permits.
  • Unauthorized use of frequencies is prohibited.
  • NTC shall not unreasonably withhold or delay approvals.
  • Disposal or lease of facilities permitted only to entities with broadcasting franchises with prior NTC written authorization and notification within 60 days post-transaction.
  • Sanctions for violations determined by NTC.

Public Service Responsibilities

  • Grantee must provide free public service airtime equivalent to up to 10% of paid commercials.
  • Public service time allocated to government branches and recognized humanitarian organizations.
  • Programming must be sound, balanced, ethical, and promote public participation.
  • Must broadcast important alerts, public information, education, and promote audience empowerment (e.g., closed captioning).
  • Prohibited from broadcasting obscene or indecent content, false information, or content that incites subversion or treason.
  • NTC may increase public service time during emergencies.

Government Rights Over Franchise

  • Radio spectrum recognized as a national patrimony, use being a privilege.
  • President empowered to temporarily take over, suspend, or authorize government use of broadcasting facilities in times of war, calamity, or public danger.
  • Compensation to the grantee for government use during such periods.

Term and Revocation of Franchise

  • Franchise valid for 25 years from effectivity unless revoked.
  • Franchise automatically revoked if grantee ceases continuous operation for two years.

Self-Regulation and Broadcast Content Control

  • No prior censorship required but grantee must terminate broadcasts promoting treason, rebellion, sedition, indecency, or immorality.
  • Failure to terminate such broadcasts is grounds for franchise cancellation.
  • Grantee not liable for unlawful content broadcast before being cut off unless willful.

Indemnification of Government

  • Grantee shall hold all government levels harmless from claims due to accidents during construction/operation of stations.

Employment and Training Commitments

  • Create employment and provide on-the-job training.
  • Priority employment given to residents near the principal office.
  • Compliance with labor laws and standards mandatory.
  • Employment data to be included in annual Securities and Exchange Commission submissions.

Restrictions on Transfer and Assignment

  • Sale, lease, transfer, assignment, merger, or control transfer prohibited without prior Congress approval.
  • Congress must be notified within 60 days after such transactions.
  • Non-reporting leads to automatic franchise revocation.
  • New owners subject to identical franchise conditions.

Ownership Dispersal Requirements

  • At least 30% of outstanding capital stock must be offered to Filipino citizens within five years of operation start.
  • Alternative participation methods allowed if public share offering is inapplicable.
  • Failure results in franchise revocation.

Annual Reportorial Requirements

  • Grantee must submit yearly compliance and operational reports to Congress committees by April 30.
  • Reports include business updates, audited financials, SEC submissions, NTC status certifications, and ownership dispersal updates.
  • Congressional report compliance certificate required for NTC permit applications.

Penalties for Report Noncompliance

  • Fine of P500 per working day for failure to submit annual report.
  • Fine collected by NTC and remitted to National Treasury.

Equality Clause

  • Advantages or privileges granted under existing or future broadcasting franchises apply equally to this franchise except for territorial coverage, term, or service type.

Non-exclusivity and Amendment

  • Franchise subject to amendment or repeal by Congress as public interest requires.
  • Not an exclusive grant of rights or privileges.

Separability

  • Invalidity of any section does not affect remaining provisions.

Repealing Provisions

  • Conflicting laws, rules, orders, or regulations are repealed, amended, or modified accordingly.

Effectivity

  • Law becomes effective 15 days after publication in the Official Gazette or a general circulation newspaper.

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