Law Summary
Technical Operation Standards
- Facilities must minimize interference with other radio and TV stations.
- Does not diminish UP System’s right to use assigned wavelengths or frequency quality.
- Emphasizes maximizing broadcast service availability and quality.
Regulatory Compliance
- Requires obtaining permits and licenses from the National Telecommunications Commission (NTC).
- Unauthorized use of frequencies strictly prohibited.
- NTC empowered to revoke or suspend permits after due process if franchise provisions are violated.
- NTC may recommend franchise revocation to Congress.
Public Service Obligations
- Mandates free provision of adequate public service airtime for government announcements and emergencies.
- Ensures sound, balanced programming and promotion of public participation, education, and information.
- Prohibits broadcasting obscene, indecent content, false information, or incitement to unlawful acts.
- Requires minimum 15% of daily air time allocated to child-friendly programming as per Children's Television Act.
Government Rights and Emergency Powers
- Radio spectrum designated a national patrimony and usage is a State-conferred privilege.
- Presidential authority during war, emergencies, or public peril to:
- Temporarily take over or suspend station operations.
- Authorize government use of facilities with due compensation.
Franchise Term and Continuity
- Franchise valid for 25 years from August 9, 2021.
- Automatic revocation if operations stop for 2 continuous years.
Renewal Procedure
- Grantee must apply for renewal or extension 3 years before expiration.
- Application timeline counts from 15 days after publication in Official Gazette or official newspaper.
Tax Exemption
- Grantee exempt from all taxes and fees under the University of the Philippines Charter of 2008.
Self-Regulation and Content Control
- No prior censorship required for broadcasts.
- Exemption from liability for broadcast content unless it violates law or private rights.
- Must cut off broadcasting content inciting treason, rebellion, or that is indecent.
- Failure to do so may lead to franchise cancellation.
Liability Waiver for Government
- UP System holds Philippine national and local governments harmless from liabilities related to accidents during construction or operation of stations.
Employment Commitments
- Must create local employment and accept on-the-job trainees.
- Priority for residents near principal office.
- At least 60% workforce must be regular employees; max 40% can be contractual or casual.
- Compliance with labor standards and civil service regulations required.
Prohibition on Transfer of Franchise
- Franchise cannot be sold, leased, transferred, assigned, or granted to other individuals or entities.
Reporting Requirements
- Annual report to Congress detailing compliance, operations, financials, and NTC certifications.
- Report due by April 30 each year.
- Reportorial compliance required before permit applications are processed by NTC.
Penalties for Non-Compliance
- Failure to submit annual report penalized with Php 500 per working day.
- NTC responsible for fine collection remitted to Bureau of the Treasury.
Equality Clause
- Any privileges granted under other franchises for broadcasting become part of this franchise.
- Clause excludes differences in territorial coverage, term, or authorized service type applicable to telecommunications franchises.
Legislative Control
- Franchise subject to amendments, alterations, or repeal by Congress.
- Not an exclusive grant of privileges.
Legal Provisions
- Other sections remain valid if one is declared invalid (separability).
- Repeal of inconsistent laws, orders, and regulations.
Effectivity
- Act takes effect 15 days after official publication.