Title
Renewal of Calapan Telephone System Franchise
Law
Republic Act No. 11774
Decision Date
May 27, 2022
Republic Act No. 11774 renews the franchise of Calapan Telephone System, Inc. for another 25 years, allowing them to provide telecommunications services in Oriental Mindoro, subject to regulation and conditions imposed by the National Telecommunications Commission.

Manner of Operation of Stations or Facilities

  • Stations and facilities must be constructed and operated to cause minimum interference on assigned wavelengths or frequencies.
  • The Grantee retains full rights to use its assigned frequencies without diminishing quality of service.

Authority of the National Telecommunications Commission

  • The Grantee must secure from the NTC a Certificate of Public Convenience and Necessity or appropriate permits and licenses.
  • The NTC regulates construction, operation, maintenance, and service conditions.
  • Usage of frequencies requires NTC authorization.
  • The NTC may suspend or revoke permits/licenses for violations after due process and can recommend franchise revocation to Congress.

Excavation and Restoration Works

  • The Grantee may make excavations in public places for poles, supports, underground wires, or cables with prior approval from the DPWH or relevant LGU.
  • Any disturbed public property must be restored in a workmanlike manner following prescribed standards.
  • Failure to timely repair allows the DPWH or LGU to repair and charge the Grantee double the cost.

Responsibility to the Public

  • The Grantee shall operate with honesty and not broadcast obscene content or false information.
  • Facilities must be maintained satisfactorily and upgraded to keep pace with scientific and technological advances.
  • The Grantee must extend services to unserved and hazard-prone areas as determined by the National Disaster Risk Reduction and Management Council in coordination with the NTC.
  • Equipments must also comply with "The Free Mobile Disaster Alerts Act."

Rates for Services

  • Charges for regulated telecommunication services are subject to NTC approval.
  • Rates must be unbundled, distinct, and designed so regulated services do not subsidize unregulated ones.

Right of the Government

  • The radio spectrum is a national patrimony, and use is a privilege subject to withdrawal after due process.
  • The President may temporarily take over, suspend, or authorize government use of the Grantee’s facilities during emergencies with due compensation.

Term of Franchise

  • The franchise is valid for 25 years from effectivity unless revoked or cancelled earlier.
  • Franchise automatically revokes if the Grantee fails to operate for two consecutive years.

Right of Interconnection

  • The Grantee is authorized to connect its systems to other authorized telecommunications systems.
  • Terms of connection must be mutually agreed and subject to NTC review.

Warranty in Favor of the National and Local Governments

  • The Grantee holds government entities free from liabilities arising from injury or property damage during construction or operation.

Sales, Lease, Transfer, Grant of Usufruct, or Assignment of Franchise

  • No sale, lease, transfer, usufruct, assignment, merger, or transfer of controlling interest without prior Congressional approval.
  • Congress must be informed within 60 days of any such transaction.
  • Failure to report results in automatic franchise revocation.
  • Any assignees are bound by the same franchise conditions.

Dispersal of Ownership

  • At least 30% of outstanding capital stocks must be offered to Filipino citizens via a securities exchange within five years.
  • Alternative methods for public participation apply if public offering is not viable.
  • Noncompliance leads to automatic revocation of franchise.

Commitment to Provide and Promote Employment

  • The Grantee shall create employment and accept trainees, giving priority to residents where the principal office is located.
  • Must comply with labor laws and reflect jobs created in SEC annual reports.

Reportorial Requirement

  • Annual report to Congress is mandatory detailing compliance, operations, financials, ownership dispersal, and certification from NTC.
  • Reports are due by April 30 each year.
  • A compliance certificate is required prior to permit applications with the NTC.

Fine for Non-Compliance

  • Failure to submit annual reports incurs a fine of ₱1,000,000 per working day once fully implemented.
  • Interim fine payable to NTC is ₱500 per working day.
  • Fines are distinct from NTC-imposed penalties and remitted to Bureau of Treasury.

Equality of Treatment

  • Telecommunications advantages or privileges granted to others upon Congress review shall apply to the Grantee, except territorial coverage, franchise duration, or service type.

Repealability and Nonexclusivity Clause

  • Congress may amend or repeal the franchise when public interest so requires.
  • The franchise is non-exclusive.

Separability Clause

  • Invalidity of any section will not affect the rest of the Act’s provisions.

Repealing Clause

  • All laws or regulations inconsistent with this Act are repealed or amended accordingly.

Effectivity

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

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