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- Consequences: The franchise is a privilege granted by the state and may be withdrawn after due process.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.