Title
Franchise renewal for TV5 Network, Inc. for 25 years
Law
Republic Act No. 11320
Decision Date
Apr 22, 2019
The Republic Act No. 11320 renews the franchise of TV5 Network, Inc. for another 25 years, allowing the construction and operation of radio and television broadcasting stations in the Philippines, with requirements for public service, ethical programming, and compliance with labor laws.
A

Manner of Operation of Stations or Facilities

  • Operations should ensure minimal interference to existing or future stations.
  • Grantee retains full use and quality of assigned frequencies.

Prior Approval of the National Telecommunications Commission (NTC)

  • Requires securing permits and licenses from NTC for station construction and operations.
  • Use of frequencies without NTC authorization is prohibited.
  • NTC shall not unreasonably withhold or delay authorization.

Responsibility to the Public

  • Grantee must provide free public service time up to 10% of paid commercials for government announcements and emergencies.
  • Programming must be sound, balanced, and promote public participation and education.
  • Prohibition against airing obscene, indecent, false information or incitements to subversion.
  • NTC may increase public service time during emergencies.

Right of the Government

  • Radio spectrum is a state-owned finite resource, usage is a privilege.
  • President may temporarily take over or suspend operations during war, rebellion, public emergency, or calamity.
  • Compensation to grantee required for government use during such periods.

Term of Franchise

  • Effective for 25 years unless revoked or canceled.
  • Franchise automatically revoked if grantee ceases operation for 2 consecutive years.

Self-regulation by and Undertaking of the Grantee

  • No prior censorship required but grantee must cut off broadcast that incites treason, rebellion, or contains indecent material.
  • Failure to self-regulate can lead to franchise cancellation.

Warranty in Favor of National and Local Governments

  • Grantee holds government free from claims related to accidents causing injury or property damage during operations.

Commitment to Employment Creation

  • Grantee must create jobs and allow on-the-job training.
  • Priority for employment to residents near its offices.
  • Compliance with labor laws required.
  • Employment data to be reflected annually in Securities and Exchange Commission submissions.

Sale, Transfer, or Assignment of Franchise

  • Sale, lease, transfer, usufruct, or assignment requires prior Congressional approval.
  • Must report changes to Congress within 60 days of transaction.
  • Failure to notify leads to automatic revocation of franchise.
  • Transferees bound by original franchise terms.

Dispersal of Ownership

  • Must offer at least 30% of outstanding capital stock to Filipino citizens within 5 years of operation.
  • If public offering not applicable, other methods to encourage Filipino participation required.
  • Noncompliance results in franchise revocation.

Reportorial Requirement

  • Annual report to Congress detailing compliance, operations, financials, permits, and ownership status.
  • Report due by April 30 each year.
  • Compliance certificate required for permit issuance by NTC.

Fine for Non-compliance

  • P500 fine per working day for failure to submit annual report to Congress.
  • Fine collected by NTC and remitted to National Treasury.

Equality Clause

  • Any advantages or privileges granted to other broadcast franchises apply to this franchise.
  • Does not affect territorial coverage, term, or authorized service type.

Repeatability and Nonexclusivity Clause

  • Franchise subject to amendment or repeal by Congress based on public interest.
  • Franchise not exclusive.

Separability Clause

  • Invalidity of any provision does not affect the rest of the Act.

Repealing Clause

  • Inconsistent laws, decrees, or regulations are repealed, amended, or modified accordingly.

Effectivity

  • Act takes effect 15 days after publication in Official Gazette or a newspaper of general circulation.

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