PHILIPPINE LAWS, STATUTES, CODES & ISSUANCES
PHILIPPINE LAWS, STATUTES AND CODES - CHAN ROBLES VIRTUAL LAW LIBRARY
REPUBLIC ACTS
| REPUBLIC ACT NO. 8166 - AN ACT
GRANTING THE PEFRANCIA BROADCASTING CORPORATION A FRANCHISE TO
CONSTRUCT, INSTALL, OPERATE AND MAINTAIN FOR EDUCATIONAL AND COMMERCIAL
PURPOSES, RADIO AND TELEVISION BROADCASTING STATION WITHIN THE BICOL
REGION AND FOR OTHER PURPOSES |
| Section
1. Nature and Scope of Franchise. � Subject to the
provisions of the constitution and applicable laws, rules and
regulations, there is hereby granted to the Pefrancia
Broadcasting Corporation referred to as the grantee, its successors or
assigns, a franchise to construct, install, operate and maintain for
educational and commercial purposes and in public interest, radio and
television broadcasting stations within the Bicol Region with the
corresponding technological auxiliaries or facilities, special
broadcast and the other program distribution services and relay
stations, and to install radio communication facilities for the
grantee's private use in its broadcast services. Sec. 2. Manner of Operation of Stations or Facilities. � The stations or facilities of the grantee shall be constructed and operated in a manner as will at most result only in the minimum interference on the wavelengths or frequencies of the other existing stations which may be established by law, without in any way diminishing its own right to use its selected wavelengths or frequencies and the quality of transmission or reception thereon as should maximize rendition of the grantee's services and/or the availability thereof. Sec. 3. Prior Approval of the National Telecommunications Commission. � The grantee shall secure from the National telecommunications the appropriate permits and licenses for its stations and shall not use any frequency in the radio/television spectrum without having been authorized by the Commission. The Commission, however, shall not unreasonably withhold or delay the grant of any such authority. Sec. 4. Responsibility to the Public. � The grantee shall provide reasonable public service time to enable the government, through the said broadcasting stations, to reach the populations on important public issues; provide at all times sound and balanced programming; promote public participation such as in community programming; assist in the functions of public information and education; conform to the ethics of honest enterprise; and not use its stations for the broadcasting of obscene and indecent language or speech, for the dissemination of deliberately false information or willful misrepresentation, or to the detriment of the public interest or to incite, encourage, or assist in subversive or treasonable acts. Sec. 5. Right of Government. � The President of the Philippines, in times of rebellion, public peril, calamity, emergency, disaster or disturbance of peace and order, may temporarily take over and operate the stations of the grantee, temporarily suspend the operation of any station in the interest of public safety, security and public welfare, or to authorize the temporary use and operation thereof by any agency of the government, upon due compensation to the grantee for the use of said stations during the period when they shall be so operated. Sec. 6. Term of Franchise. � This franchise shall be for a term of twenty-five (25) years from the date of effectivity of this Act, unless sooner revoked or cancelled. In the event the grantee fails to operate continuously for two 92) years, this franchise shall be deemed ipso facto revoked. Sec. 7. Acceptance and Compliance. � Acceptance of this franchise shall be given in writing within sixty (60) days after approval of this Act. Upon giving such acceptance, the grantee shall exercise the privilege granted under this Act. Non-acceptance shall render the franchise void. Sec. 8. Tax Provision. � The grantee, its successors or assigns shall be liable to pay the same taxes on their real estate, buildings and personal property, exclusive of this franchise, as other persons or corporations are now hereafter may be required by law to pay. In addition thereto, the grantee, its successors or assigns shall pay a franchise tax at such percentage as may be prescribed by law on all gross receipts of the radio/television business transacted under this franchise by the grantee, its successors or assigns: provided, that the grantee, its successors or assigns, shall continue to be liable for income taxes payable under the Title II of the National Internal revenue Code pursuant to section 2 of Executive Order No. 72 unless the latter enactment is amended or repealed, in which case the amendment or repeal shall be applicable thereto. The grantee shall file a return with and pay the tax due thereon to the Commissioner of Internal revenue or his duly authorized representative in accordance with the National Internal revenue code and the return shall be subject to audit by the Bureau of Internal Revenue. Sec. 9. Self-regulations by and Undertaking of Grantee. � The grantee shall not require any previous censorship of any speech, play, act, scene or other matter to be broadcast and/or telecast from its stations: provided, that the grantee, during any broadcast and telecast, shall cut off from the air the speech, play, act, scene or other matter being broadcast if the tendency thereof is to propose and/or incite treason, rebellion or sedition, or the language used therein or the theme thereof is indecent or immoral; and willful failure to do so shall constitute a valid cause for the cancellation of this franchise. Sec. 10. Warranty in Favor of National and Local Governments. � The grantee shall hold the national, provincial and municipal governments of the Philippines harmless from all claims, accounts, demands or actions arising out of accidents or injuries, whether to property or to persons, caused by the construction or operation of the stations of the grantee. Sec. 11. Sale, Lease, Transfer, Usufruct, etc. � The grantee shall not lease, transfer, grant the usufruct of, sell or assign this franchise or the rights and privileges acquired there under to any person, firm, company, corporation or entity or merge with any other corporation or entity without the prior approval of the Congress of the Philippines. Neither shall the controlling interest in the grantee be transferred, whether as a whole or in a parts and whether simultaneously or contemporaneously to any such person, firm, company, corporation or entity without the approval of the Congress of the Philippines. Any person or entity to which this franchise is sold, transferred or assigned, shall be subject to all the same conditions, terms, restrictions and limitations of this Act. Sec. 12. Separability Clause. � If any of the sections or provisions of this Act is held invalid, all the other provisions not affected thereby shall remain valid. Sec. 13. Repealability and Non-exclusivity Clause. � This franchise shall be subject to amendment, alteration, or repeal by the Congress of the Philippines when the public interest so requires and shall not be interpreted as an exclusive grant of the privileges herein provided for. Sec. 14. Reportorial Requirement. � The grantee shall submit an annual report to the Congress of the Republic of the Philippines on its compliance with the terms and conditions of the franchise and its operations within sixty (60) days from the end of every year. Sec. 15. Effectivity Clause. � This Act shall take effect fifteen (15) days from the date of its publication in at least two (2) newspapers of general circulation in the Philippines. Approved: Lapse d into law on Sept. 23, 1995, without the signature of the President, in accordance with Article VI, Sec. 27 (1) of the Constitution. |
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