Title
Franchise grant to Volunteer Lifecare Ministries
Law
Republic Act No. 11244
Decision Date
Mar 22, 2019
Volunteer Lifecare Ministries, Inc. is granted a 25-year franchise to establish and operate noncommercial radio and television broadcasting stations, ensuring public service, compliance with regulations, and the promotion of community engagement.
A

Operation and Interference

  • Stations shall operate to minimize interference with existing or legally established stations.
  • The grantee retains the right to use assigned wavelengths/frequencies without diminishing transmission quality.

National Telecommunications Commission (NTC) Oversight

  • The grantee must secure NTC permits and licenses before constructing or operating stations.
  • Use of frequencies without NTC authorization is prohibited.
  • NTC shall not unreasonably withhold or delay permit grants.
  • Disposal or leasing of facilities requires NTC authorization and reporting within 60 days.

Public Service Responsibilities

  • Grantee must provide free public service broadcast time up to 10% of paid advertisements.
  • Public service time is allocated to government branches and international humanitarian organizations.
  • Programming must be balanced, ethical, promote public participation, sensibility, empowerment, and avoid obscene, false, or subversive content.
  • NTC may increase public service time during emergencies.

Government Rights and Emergency Powers

  • Radio spectrum is a national patrimony and usage is a privilege.
  • President may temporarily take over or suspend operations of stations during war, rebellion, public peril, calamity, emergency, or disturbance.
  • Government use of stations during such periods shall be compensated.

Franchise Term and Conditions for Revocation

  • Franchise term: 25 years from effectivity.
  • Grounds for ipso facto revocation include failure to commence operations within 1 year from permit approval, failure to commence within 3 years from effectivity, or discontinuous operation for 2 years.

Compliance Bond

  • The grantee must file a bond with the NTC to guarantee compliance.
  • Bond amount is determined by NTC.
  • Bond is cancellable after 3 years if conditions are met; otherwise forfeited and franchise revoked.

Self-Regulation and Content Censorship

  • No prior censorship required.
  • Grantee must cut off broadcasts inciting treason, rebellion, sedition, or containing indecent or immoral content.
  • Failure to do so is cause for franchise cancellation.

Liability and Indemnity

  • The grantee holds national and local governments free from all claims arising from accidents during construction or operation.

Employment and Training Commitments

  • Grantee shall create employment opportunities and permit on-the-job training.
  • Priority for employment is given to residents where the principal office is located.
  • Must comply with labor laws and report job creation in annual General Information Sheet.

Restrictions on Transfer and Assignment

  • Sale, lease, transfer, grant of usufruct, assignment, merger, or controlling interest transfer require prior Congressional approval.
  • Congress must be informed within 60 days after transaction completion.
  • Failure to report results in ipso facto revocation.
  • Transferees are subject to the same franchise terms.

Annual Report Requirements

  • Grantee must submit an annual report on franchise compliance and operations to specified Congressional committees by April 30.
  • Reportorial compliance certificate from Congress is prerequisite for NTC permit applications.

Penalties for Non-Compliance

  • Failure to submit annual report results in daily fines of P500.
  • Fines are collected by NTC and remitted to the National Treasury.

Equality Clause

  • Any advantages or privileges granted under other franchises (except tax or customs) apply equally to this franchise upon Congressional review.
  • Does not affect territory, franchise duration, or type of service.

Repealability and Nonexclusivity

  • Congress may amend, alter, or repeal the franchise for public interest.
  • Franchise is non-exclusive.

Separability

  • Invalidity of any provision does not affect other provisions.

Repealing Clause

  • Inconsistent laws, regulations, and issuances are repealed, amended, or modified.

Effectivity

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

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