Title
Renewal of Broadcasting Franchise for Progressive BC
Law
Republic Act No. 10820
Decision Date
May 18, 2016
The franchise granted to Progressive Broadcasting Corporation for radio and television operations is renewed for an additional twenty-five years, subject to compliance with regulatory requirements and public service obligations.
A

Manner of Operation of Stations or Facilities

  • Stations must be operated to minimize interference with other stations' frequencies.
  • The grantee's transmission quality and service availability should be maximized.

Prior Approval of the National Telecommunications Commission (NTC)

  • The grantee must secure permits and licenses from the NTC for any construction or operation.
  • Use of radio/TV frequencies without NTC authorization is prohibited.
  • The NTC should not unreasonably delay or withhold permits.

Responsibility to the Public

  • Provide adequate public service time to inform government communications.
  • Maintain sound, balanced programming and fulfill public information and education roles.
  • Avoid airing obscene/indecent content or deliberately false/misleading information.
  • Must not incite or support subversive or treasonable acts.

Right of Government

  • The President has the special right during emergencies to:
    • Take over operation of stations temporarily.
    • Suspend operations in the interest of public safety.
    • Authorize other government agencies to use the facilities.
  • Due compensation must be paid to the grantee during such takeovers.
  • Radio spectrum is a State resource, and franchise use is a privilege subject to withdrawal after due process.

Term of Franchise

  • Valid for 25 years from effectivity.
  • Automatically revoked if the grantee fails to operate continuously for two years.

Acceptance and Compliance

  • Written acceptance must be submitted to Congress within 60 days of effectivity.
  • Nonacceptance renders the franchise void.

Self-Regulation by the Grantee

  • No prior censorship required for any broadcast content.
  • However, the grantee must cut off on-air content that incites treason, sedition, or contains indecent/immoral material.
  • Failure to do so may cause franchise cancellation.

Warranty in Favor of National and Local Governments

  • The grantee holds government entities free from claims arising from accidents related to station operation.

Sale, Lease, Transfer, Usufruct, or Assignment of Franchise

  • Franchise or controlling interest cannot be transferred, sold, leased, or assigned without prior Congress approval.
  • Congress must be informed within 60 days after any transaction.
  • Failure to inform results in automatic revocation.
  • New owners are subject to the same conditions of the franchise.

Dispersal of Ownership

  • At least 30% of outstanding capital stock must be offered to Filipino citizens within 5 years.
  • If public offering is inapplicable, cooperatives or other participatory methods must be implemented.
  • Noncompliance leads to automatic revocation of the franchise.

General Broadcast Policy Law

  • The grantee must comply with any future general broadcast policy laws enacted by Congress.

Reportorial Requirement

  • Annual report to Congress on compliance and operations due by April 30 each year.
  • Certificate of reportorial compliance from Congress is required before NTC accepts permit applications.

Penalty Clause

  • Failure to submit the annual report results in a fine of P500 per working day.
  • NTC responsible for collecting fines, which are separate from other NTC penalties.

Equality Clause

  • Any privileges or exemptions granted to other broadcasters will be accorded to the grantee immediately and unconditionally.
  • Exceptions include franchise territory, duration, or type of service.

Separability Clause

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

Repeatability and Nonexclusivity Clause

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

Effectivity

  • Takes effect 15 days after publication in two newspapers of general circulation.

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