Title
Franchise for Ranao Radio TV Broadcast in Lanao del Sur
Law
Republic Act No. 9063
Decision Date
Apr 5, 2001
Ranao Radio Broadcasting and TV System Corporation is granted a 25-year franchise to construct and operate radio and television broadcasting stations in Lanao del Sur, ensuring compliance with public service obligations and regulatory oversight by the National Telecommunications Commission.
A

Manner of Operation of Stations or Facilities

  • Stations must be operated to cause minimal interference with existing or future stations.
  • Grantee retains the right to use selected frequencies without diminishing transmission/reception quality.

Prior Approval of the National Telecommunications Commission (NTC)

  • Grantee must obtain permits and licenses from NTC before constructing or operating.
  • Frequency use requires NTC authorization.
  • NTC must not unreasonably withhold or delay approvals.

Responsibility to the Public

  • Provide adequate public service time for government communication on public issues.
  • Deliver sound, balanced programming; assist in public information and education.
  • Adhere to ethics of honest enterprise.
  • Prohibit broadcasts of obscene/indecent language, deliberately false information, or content inciting subversion or treason.

Right of Government

  • President may temporarily take over, suspend operations, or authorize use of stations during war, rebellion, emergency, calamity, or public peril.
  • Due compensation must be made for temporary use.
  • Spectrum use is a State privilege and may be withdrawn after due process.

Term of Franchise

  • Valid for 25 years from effectivity unless revoked/cancelled sooner.
  • Ipso facto revocation if grantee fails to:
    • Commence operations within 1 year of NTC permit approval.
    • Operate continuously for 2 years.
    • Commence operations within 3 years from Act's effectivity.

Acceptance and Compliance

  • Grantee must accept franchise in writing within 60 days of effectivity.
  • Non-acceptance voids the franchise.

Bond Requirement

  • Grantee must file a bond to guarantee compliance with franchise conditions.
  • Amount determined by NTC.
  • Bond cancelled after 3 years if conditions fulfilled; otherwise forfeited and franchise revoked.

Tax Provisions

  • Subject to all taxes, duties, fees under the National Internal Revenue Code and other laws.
  • Existing tax exemptions or incentives under other laws remain unaffected.
  • Must file returns locally and pay due taxes to BIR.

Self-regulation and Broadcast Censorship

  • No prior censorship required.
  • Grantee must cut off broadcasts inciting treason, rebellion, sedition, or containing indecent/immoral content.
  • Failure to cut off such content may lead to franchise cancellation.

Right to Reply

  • Persons aggrieved by broadcasts have the right to reply in the same or chosen program.

Warranty in Favor of Governments

  • Grantee indemnifies national and local governments against claims for damages/injuries due to station construction/operation.

Restrictions on Sale, Transfer, and Assignment

  • Franchise and rights cannot be leased, transferred, sold, assigned, merged, or have controlling interest transferred without Congress approval.
  • Transferees are bound by same franchise terms.

Dispersal of Ownership

  • Grantee must offer at least 30% of outstanding capital stock to the public within 5 years after becoming a national broadcasting network (owns 3 or more stations).
  • Failure to comply results in automatic revocation of franchise.

Compliance with General Broadcast Policy

  • Grantee must comply with future general broadcast policy laws enacted by Congress.

Equality Clause

  • Advantages or privileges granted under other franchises extend to this franchise immediately.
  • Does not affect franchise territory, term, or services authorized.

Separability Clause

  • If any provision is invalid, other provisions remain valid.

Repealability and Nonexclusivity

  • Congress may amend, repeal, or alter franchise as public interest requires.
  • Franchise is non-exclusive.

Reportorial Requirement

  • Grantee must submit annual reports to Congress on compliance and operations within 60 days after each year ends.

Effectivity

  • Act takes effect 15 days after publication in two newspapers of general circulation upon grantee's initiative.

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