Title
Renewal of Century Broadcasting Network Franchise
Law
Republic Act No. 11513
Decision Date
Dec 26, 2020
Franchise renewal is granted to Century Communications Marketing Center, Inc., allowing them to operate radio and television broadcasting stations in the Philippines, with provisions for public service time and the government's temporary takeover or suspension of operation.
A

Operational Standards and Minimization of Interference

  • Facilities must be operated to minimize interference with existing or future stations.
  • The grantee maintains full rights to its assigned frequencies and quality standards.

Regulatory Oversight by the National Telecommunications Commission (NTC)

  • Securing permits and licenses from NTC is mandatory for construction and operation.
  • Use of any frequency requires NTC authorization.
  • NTC shall not unreasonably withhold permits.
  • Disposal or leasing of facilities only to entities with broadcasting franchises, subject to NTC’s written approval and notification within 60 days.
  • NTC has authority to sanction violations.

Public Service Obligations

  • Grantee must provide free public service airtime (up to 10% of paid ads) to government and humanitarian organizations for important information dissemination.
  • Programming must be sound, balanced, promote public participation, and adhere to ethical standards.
  • Prohibited from broadcasting obscene or indecent content, false information, or content inciting subversion.
  • NTC can increase public service time during emergencies or calamities.

Government’s Reserved Rights

  • Radiowaves considered national patrimony, use is a privilege subject to withdrawal for public interest.
  • President may temporarily take over, suspend, or authorize government use of stations/facilities during war, rebellion, calamity, or emergency, with compensation.

Franchise Term, Revocation, and Continuous Operation

  • Franchise valid for 25 years from August 9, 2021.
  • Franchise automatically revoked if operations cease for two consecutive years.

Self-Regulation and Content Control

  • No prior censorship imposed by the grantee on broadcasts.
  • Grantee freed from liability for unlawful content aired but must cut off broadcasts inciting treason, rebellion, sedition, or containing indecent or immoral content.
  • Failure to cut off such content is ground for franchise cancellation.

Indemnity to Government

  • Grantee assumes liability for accidents or damages during construction or operation, holding government entities free from related claims.

Employment and Training Commitment

  • Obligation to create jobs and accept on-the-job trainees, prioritizing residents near principal office.
  • Compliance with labor laws and proper reporting on employment in the annual SEC General Information Sheet.

Restrictions on Transfer and Ownership Changes

  • Sale, lease, transfer, assignment, or merger of the franchise or controlling interest requires prior Congressional approval.
  • Congress must be notified within 60 days post-transaction.
  • Failure to notify results in automatic revocation.
  • New owners subject to same franchise conditions.

Ownership Dispersal and Public Participation

  • Filipino citizens must be offered at least 30% ownership in common stocks within 5 years of renewal.
  • Alternative methods for public participation must be implemented if public offering is not applicable.
  • Non-compliance leads to automatic revocation.

Annual Reporting Requirements

  • Submission of annual reports to Congress by April 30 each year on franchise compliance.
  • Reports include business operations updates, audited financials, SEC filings, NTC certifications, and ownership dispersal status.
  • Congress’ reportorial compliance certificate is required for permit applications with NTC.

Penalties for Non-Compliance with Reporting

  • Failure to submit reports results in fines of PHP 500 per working day.
  • Fines collected by NTC are remitted to the Bureau of the Treasury separately from other penalties.

Equality Clause

  • Benefits or privileges granted to other broadcasters under existing or future franchises apply equally to the grantee.
  • Does not affect specific telecommunications franchise terms such as territorial coverage or service type.

Amendments and Exclusivity

  • Franchise subject to amendment, alteration, or repeal by Congress in the public interest.
  • Franchise is non-exclusive.

Separability and Repealing Clauses

  • Invalid provisions do not affect the validity of remaining provisions.
  • Prior inconsistent laws and regulations are repealed or amended accordingly.

Effectivity

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

This comprehensive renewal law reinforces regulatory oversight, public service responsibilities, government rights, and ensures transparency, accountability, and public participation in broadcasting operations of Century Broadcasting Network.


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