Title
Republic Act No. 8995
Date
Jan 5, 2001
The Polytechnic Foundation of Cotabato and Asia, Inc. is granted a 25-year franchise to construct and operate radio and television broadcasting stations across the country, subject to regulations by the National Telecommunications Commission and obligations to serve the public interest.
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Law Summary

1. Nature and Scope of Franchise

  • Legal Principle: Grants Polytechnic Foundation of Cotabato and Asia, Inc. (the grantee) the authority to construct, install, establish, operate, and maintain radio and television broadcasting stations in the Philippines.
  • Key Definitions:
    • "Grantee": Polytechnic Foundation of Cotabato and Asia, Inc.
  • Requirements/Procedures:
    • Franchise is subject to the Constitution and applicable laws.
    • Use of available frequencies and modern technologies for broadcasting.
  • Consequences: The franchise is a privilege granted by the state and may be withdrawn after due process.

2. Manner of Operation of Stations or Facilities

  • Legal Principle: Operations must minimize interference with existing stations.
  • Key Requirements:
    • Maintain quality of transmission and reception.

3. Prior Approval of the National Telecommunications Commission (NTC)

  • Legal Principle: The grantee must secure permits and licenses from the NTC.
  • Key Requirements:
    • Must receive authorization before using any frequency.
    • NTC cannot unreasonably withhold or delay approval.

4. Responsibility to the Public

  • Legal Principle: The grantee must ensure public service and responsible broadcasting.
  • Key Requirements:
    • Provide adequate public service time on important issues.
    • Avoid broadcasting obscene materials or false information.

5. Right of Government

  • Legal Principle: The President can temporarily take over operations during crises.
  • Key Requirements:
    • Takeover may occur in times of war, rebellion, or public emergency.
    • Grantee is entitled to compensation for the use of its stations.

6. Term of Franchise

  • Legal Principle: The franchise is valid for 25 years unless revoked or canceled.
  • Key Requirements:
    • Must commence operations within one year of approval and operate continuously for two years.
    • If operations do not commence within three years, the franchise is revoked.

7. Acceptance and Compliance

  • Legal Principle: Acceptance of the franchise is mandatory.
  • Key Requirements:
    • Written acceptance must occur within 60 days of effectivity.
    • Nonacceptance renders the franchise void.

8. Bond

  • Legal Principle: A bond must be filed to guarantee compliance.
  • Key Requirements:
    • Amount determined by NTC.
    • Bond forfeited if compliance is not met within three years.

9. Tax Provisions

  • Legal Principle: Grantee is subject to various taxes.
  • Key Requirements:
    • Must pay taxes under the National Internal Revenue Code (NIRC).
    • Existing tax exemptions remain applicable.

10. Self-regulation by and Undertaking of Grantee

  • Legal Principle: No prior censorship of broadcasts.
  • Key Requirements:
    • Grantee must cut off broadcasts inciting treason or indecency.
    • Failure to comply may lead to cancellation of the franchise.

11. Obligation of Grantee

  • Legal Principle: Right to reply for aggrieved parties.
  • Key Requirements:
    • Aggrieved individuals can respond in the same or another program.

12. Warranty in Favor of National and Local Governments

  • Legal Principle: Holds government harmless from claims arising from operations.
  • Key Requirements:
    • Grantee is liable for accidents or injuries linked to station operations.

13. Sale, Lease, Transfer, Usufruct, etc.

  • Legal Principle: Restrictions on transfer of franchise rights.
  • Key Requirements:
    • Requires prior approval from Congress for any transfer or lease of rights.

14. Dispersal of Ownership

  • Legal Principle: Encourages public participation in broadcasting.
  • Key Requirements:
    • At least 30% of outstanding stock must be offered in a securities exchange within five years after becoming a national broadcasting network.

15. General Broadcast Policy Law

  • Legal Principle: Compliance with future broadcast policies enacted by Congress.

16. Equality Clause

  • Legal Principle: Ensures equal treatment with other broadcasting franchises.

17. Separability Clause

  • Legal Principle: Validity of remaining provisions if any part is held invalid.

18. Repealability and Nonexclusivity Clause

  • Legal Principle: Franchise subject to amendments by Congress.

19. Reportorial Requirement

  • Legal Principle: Annual reporting to Congress is mandatory.
  • Key Requirements:
    • Reports must be submitted within 60 days after the end of each year.

20. Effectivity

  • Legal Principle: Act takes effect 15 days after publication in two newspapers.

Key Takeaways

  • The Polytechnic Foundation of Cotabato and Asia, Inc. is granted a franchise to operate broadcasting stations for 25 years, subject to strict compliance with various legal and operational requirements.
  • The grantee must prioritize public service, avoid censorship, and allow rights of reply for aggrieved parties.
  • The franchise includes provisions for government oversight, taxation, and operational compliance, with potential revocation for noncompliance or failure to commence operations.

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