Title
Subic Broadcasting Corp. Franchise Renewal
Law
Republic Act No. 11000
Decision Date
Mar 21, 2018
Republic Act No. 11000 renews the franchise of Subic Broadcasting Corporation for 25 years, requiring compliance with labor standards, public service obligations, ethical programming, and prohibiting obscene content, false information, and incitement of subversive acts, while also granting the President the power to temporarily take over the stations in times of emergency or disturbance of peace and order.
A

Operation and Interference

  • Operations must minimize interference to assigned wavelengths/frequencies.
  • Grantee's transmission quality and service availability must be maximized.

Regulatory Compliance

  • Prior permits and licenses required from the National Telecommunications Commission (NTC).
  • Use of frequencies unauthorized by NTC is prohibited.

Public Service Obligations

  • Provide free public service time up to 10% of paid commercials for government and recognized humanitarian organizations.
  • Programming must be sound, balanced, and promote public participation and education.
  • Prohibited from broadcasting obscene, false, or subversive content.
  • NTC may increase public service time during emergencies.

Labor Standards

  • Compliance with existing labor laws and DOLE issuances specific to broadcast industry is mandatory.

Government Rights and Emergency Powers

  • Radio spectrum is a state resource; franchise usage is a privilege.
  • President may temporarily take over or suspend operations in times of war, rebellion, calamity, or emergency, with due process and compensation.

Franchise Term and Revocation

  • Effective for 25 years from effectivity date unless revoked.
  • Franchise revoked ipso facto if operations cease for two years.

Acceptance and Effectivity

  • Written acceptance by grantee to Congress committees required within 60 days from effectivity.
  • Lack of acceptance voids franchise.

Taxation

  • Subject to all applicable national and local taxes, fees, and charges.

Self-Regulation and Content Responsibility

  • No prior censorship required, but grantee must cut off broadcast inciting treason, sedition, or containing indecent/immoral content.
  • Failure to act may lead to franchise revocation.

Indemnification of Government

  • Grantee holds government free from claims for injuries or damages during station construction or operations.

Transfer and Assignment Restrictions

  • No sale, lease, transfer, usufruct, merger or assignment of franchise or controlling interest without Congressional approval.
  • New holders subject to same franchise conditions.

Ownership and Public Participation

  • Must offer at least 30% of outstanding capital stock to Filipino citizens via securities exchange within 5 years, or use alternate public participation means.
  • Noncompliance leads to automatic franchise revocation.

General Compliance

  • Subject to future general broadcast policy laws enacted by Congress.

Reporting Requirements

  • Annual report to Congress on operations and franchise compliance due before April 30 each year.
  • NTC requires reportorial compliance certificate before accepting permits.

Penalties for Non-Compliance

  • Fine of P500 per working day for failure to submit annual reports.
  • Fine collected by NTC separately from other penalties.

Equality of Privileges

  • Any advantages granted to other broadcasters become part of this franchise immediately upon Congressional approval.
  • Excludes territorial coverage, term, or service type provisions.

Severability

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

Amendment and Non-Exclusivity

  • Congress may amend or repeal franchise as public interest requires.
  • Franchise is not exclusive.

Effectivity

  • Effective 15 days after publication in Official Gazette or newspaper of general circulation.

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