Title
Franchise renewal for Progressive Broadcasting
Law
Republic Act No. 10820
Decision Date
May 18, 2016
Republic Act No. 10820 renews the franchise of Progressive Broadcasting Corporation for 25 years, granting them the authority to construct and operate radio and television broadcasting stations throughout the Philippines, with the condition that they comply with regulations, provide public service time, and face potential temporary takeover or revocation by the President or Congress if they fail to meet their obligations.
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Manner of Operation of Stations or Facilities

  • Operation must minimize interference with existing or future station frequencies.
  • Grantee retains full rights to assigned frequencies and quality of transmission.

Prior Approval of the National Telecommunications Commission (NTC)

  • Grantee must secure permits and licenses from NTC before construction or operation.
  • Use of any radio/TV frequency requires NTC authorization.
  • NTC should not unreasonably delay or withhold permit issuance.

Responsibility to the Public

  • Provide public service time for government dissemination of important issues.
  • Maintain sound, balanced programming at all times.
  • Assist public information and education functions.
  • Abide by ethics of honest enterprise.
  • Prohibit broadcasting of obscene, indecent language or scenes.
  • No dissemination of false info or willful misrepresentation harmful to public interest.
  • No incitement of subversive or treasonable acts.

Right of Government

  • President may temporarily take over or suspend operations in times of war, rebellion, public peril, calamity, emergency, or disturbance.
  • Temporary government use authorized with due compensation to the grantee.
  • Radio spectrum declared national patrimony; privilege to use can be withdrawn after due process.

Term of Franchise

  • Effective for 25 years from effectivity of this Act unless revoked or cancelled earlier.
  • Franchise deemed revoked if operations fail to continue for 2 consecutive years.

Acceptance and Compliance

  • Written acceptance of franchise must be submitted to Congress within 60 days.
  • Failure to accept renders franchise void.

Self-regulation by and Undertaking of the Grantee

  • No prior censorship of broadcast content required.
  • Obligated to cut off broadcast if content incites treason, rebellion, sedition, or is indecent or immoral.
  • Failure to enforce cuts can result in franchise cancellation.

Warranty in Favor of National and Local Governments

  • Grantee holds government free from claims arising from accidents caused by station construction or operation.

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

  • Franchise or controlling interest may not be sold, transferred, leased, or assigned without prior Congressional approval.
  • Congress must be informed within 60 days after any such transaction.
  • Failure to report results in automatic franchise revocation.
  • Transferees subject to all terms and conditions of the franchise.

Dispersal of Ownership

  • At least 30% of outstanding capital stock must be offered to Filipino citizens within 5 years of operation.
  • If public offering not applicable, other public participation methods such as cooperatives must be implemented.
  • Failure to comply results in franchise revocation.

General Broadcast Policy Law

  • Grantee subject to any future general broadcast policy law enacted by Congress.

Reportorial Requirement

  • Annual report on compliance and operations to Congress required by April 30 each year.
  • Reportorial compliance certificate needed before NTC accepts permit applications.

Penalty Clause

  • Failure to submit annual report penalized by P500 fine per working day.
  • Fine collected separate from NTC penalties.

Equality Clause

  • Any advantages or privileges granted under other franchises are extended to grantee.
  • Does not change territory, lifespan, or type of authorized service.

Separability Clause

  • Invalidity of any section does not affect validity of other provisions.

Repeatability and Nonexclusivity Clause

  • Franchise subject to amendment, alteration, or repeal by Congress.
  • Not an exclusive grant; similar privileges may be granted to others.

Effectivity

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

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