Title
Franchise renewal for Southern Broadcasting Network
Law
Republic Act No. 11354
Decision Date
Jul 25, 2019
Republic Act No. 11354 renews the franchise of Southern Broadcasting Network, Inc. for another 25 years, allowing them to operate radio and television broadcasting stations in the Philippines while adhering to certain regulations and requirements.

Operation of Stations

  • Operations must minimize interference with other existing or future stations.
  • Grantee retains full use of its assigned frequencies without compromising transmission quality or service availability.

Regulatory Approvals

  • All construction and operation require permits and licenses from the National Telecommunications Commission (NTC).
  • Use of frequencies is prohibited without prior NTC authorization.
  • NTC required to grant approvals without unreasonable delays.

Public Service Responsibilities

  • Provide free public service airtime to government and recognized humanitarian organizations (up to 10% of paid ads).
  • Increase public service time during emergencies or calamities as directed by NTC.
  • Deliver sound, balanced programming promoting public participation, education, and empowerment.
  • Prohibit broadcasting obscene, indecent, false information, and materials inciting subversion or treason.

Government's Special Rights

  • Radio spectrum is a national patrimony and the franchise is a revocable privilege.
  • President may temporarily take over, suspend, or authorize use of stations during war, rebellion, emergencies, or public need.
  • Compensation is required for government use during such periods.

Franchise Term and Revocation

  • Effective for 25 years unless revoked or cancelled.
  • Automatically revoked if the franchisee ceases operations continuously for 2 years.

Broadcast Content Regulation

  • No prior censorship required.
  • The grantee must cut off broadcasts that incite treason, sedition, or involve indecent or immoral content.
  • Failure to cut off such content may result in franchise cancellation.

Liability Warranty

  • The grantee indemnifies national and local governments from claims arising from accidents related to construction or operations.

Employment Commitment

  • Must create jobs and provide on-the-job training.
  • Prioritize hiring residents near its offices.
  • Comply with applicable labor laws and regulations.
  • Employment data must be reported annually to the Securities and Exchange Commission.

Transfer and Assignment Restrictions

  • Franchise cannot be sold, leased, transferred, assigned, or merged without prior Congressional approval.
  • Congress must be informed within 60 days of any ownership changes.
  • Failure to notify results in automatic franchise revocation.
  • Transferees subject to same franchise terms.

Public Ownership Requirement

  • Must offer at least 30% of outstanding capital stock to Filipino citizens within 5 years.
  • Alternative public participation methods acceptable where stock offering is not applicable.
  • Noncompliance causes automatic franchise revocation.

Annual Reporting Requirements

  • Submit annual compliance and operational reports to Congress by April 30 each year.
  • Certificate of compliance from Congress required before applying for NTC permits.

Penalties for Non-Compliance

  • Failure to submit annual reports incurs a fine of PHP 500 per working day.
  • Fines collected by NTC and remitted to the National Treasury.

Equality Clause

  • Any advantages or privileges granted in other franchises (except territorial coverage, term, service type, taxes, customs duties) automatically apply to this franchise upon Congressional approval.

Amendments and Non-Exclusivity

  • Franchise subject to Congress' amendment, repeal, or alteration in public interest.
  • Not exclusive; does not prevent granting similar privileges to others.

Separability Clause

  • Invalid provisions do not affect the validity of the remaining provisions.

Repealing Clause

  • All inconsistent laws, rules, regulations, or issuances are repealed, amended, or modified accordingly.

Effectivity

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

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