R.A. 9354 - AN ACT GRANTING THE RADIO MARIA FOUNDATION, INC. FRANCHISE TO CONSTRUCT, INSTALL, ESTABLISH OPERATE AND MAINTAIN FOR RELlGIOUS AND NO COMMERCIAL, PURPOSES RADIO BROADCASTING STATION IN THE PHILIPPINES
Republic of the Philippines
Congress of the Philippines
Third Regular Session
Begun and held in Metro Manila, on Monday, the twenty-fourth day of July, two thousand six.
REPUBLIC ACT NO. 9354 September 20, 2006
AN ACT GRANTING THE RADIO MARIA FOUNDATION, INC. FRANCHISE TO CONSTRUCT, INSTALL, ESTABLISH OPERATE AND MAINTAIN FOR RELlGIOUS AND NO COMMERCIAL, PURPOSES RADIO BROADCASTING STATION IN THE PHILIPPINES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
Section 1. Nature and Scope of Franchise. - Subject the provisions of the Constitution and applicable laws, rules and regulations, there is hereby granted to Radio Mai Foundation, Inc., hereunder referred to as the grantee, successors or assigns, a franchise to construct, install, establish, operate and maintain for religious and non-commercial purposes and in the public interest, radio broadcasting stations in the Philippines, where frequencies are still available for radio broadcasting, through microwave, satellite or whatever means, including the use of any new technologies in radio systems, with the corresponding technological auxiliaries and facilities, special broadcast and other program and distribution services and relay stations.cralawredlawlibrary
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 existing stations or other stations which may be established by law, without in any way diminishing its own right to use its selecced wavelengths or frequencies and the quality of transmission or reception thereon as should maximize rendition of the grantee's services and/or availability thereof. In no way shall the operations of the grantee, nor the radiated power of its stations or facilities, exceed that required to cover the area where it is allowed to operate.
Sec. 3. Prior Approval of the National Telecommunications Commission. - The grantee shall secure from the National Telecommunications Commission (NTC) the appropriate permits and licenses for the construction and operation of its stations and facilities and shall not use any frequency in the radio 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 adequate public service time to enable the government, through the said broadcasting stations or facilities, to reach the population on important public issues; provide at all times sound and balanced programming; assist in the functions of public information and education; conform to the ethics of honest enterprise; and not use its stations and facilities for the broadcasting of obscene and indecent language or speech, the dissemination of deliberately false information or with misrepresentation, to the detriment of the public interest, incite, encourage or assist in subversive or treasonable a
Sec. 5. Right of Government. - A special right is reserved to the President of the Philippines, in times of rebellion, public peril, calamity, emergency, disaster, disturbance of peace and order, to temporarily take over operate the stations or facilities of the grantee, to temporarily suspend the operation of any station or facility in the interal public safety, security and public welfare, or to authorize temporary use and operation thereof by any agency of government, upon due compensation to the grantee, for use of said stations or facilities during the period when shall be so operated.
The radio spectrum is a finite resource that is part of national patrimony and the use thereof is a privilege confer upon the grantee by the State and may be withdrawn any after due process.
Sec. 6. Term of Franchise. - This franchise shall be term of twenty-five (25) years from the date of effectivity of Act, unless sooner revoked or cancelled. This franchise be deemed ipso facto revoked in the event the grantee fail comply with any of the following conditions:
(a) Commence operations within one year from approval of its operating permit or provisional authority by NTC;
(b) Operate continuously for two years; and
(c) Commence operations within three years from effectivity of this Act.
Sec. 7. Acceptance and Compliance. - Acceptance of franchise shall be given in writing within sixty (60) days from the effectivity of this Act. Upon giving such acceptance, the grantee shall exercise the privileges granted under this Act. Nonacceptance shall render the franchise void.
Sec. 8. Bond. - The grantee shall file a bond issued in favor of the NTC, which shall determine the amount, to guarantee the compliance with and fulfillment of the conditions under which this franchise is granted. If after three years from the date of the approval of its permit by the Commission, the grantee shall have fulfilled the same, the bond shall be cancelled by the Commission. Otherwise, the bond shall be forfeited in favor of the government and the franchise ipso facto revoked.
Sec. 9. Self-regulation by and Undertaking of Grantee. - The grantee shall not require any previous censorship of any speech or other matter to be broadcast from its stations: Provided, That the grantee, during any broadcast, shall cut off from the air the speech 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. Obligation of the Grantee. - Any person aggrieved by any remark, report, statement, commentary or the like by broadcasters using the same facilities of the grantee shall have the right to reply in the same program or any other program the aggrieved party may choose.
Sec. 11. Warranty in Favor of National and Local Governments. - The grantee shall hold the national, provincial, city and municipal governments of the Philippines free 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. 12. Sale, Lease, Transfer, Usufruct, etc. - The grantee shall not lease, transfer, grant the usufruct of, sell nor assign this franchise or the rights and privileges acquired thereunder to any person, firm, company, corporation or other commercial or legal entity, nor merge with any other corporation or entity, nor shall the controlling interest of the grantee be transferred, whether as a whole or in parts and whether simultaneously or contemporaneously, to any such person, firm, company, corporation or entity without the prior approval of the Congress of the Philippines. Any person or entity to which this franchise is sold, transferred or assigned shall be subject to the same conditions, terms, restrictions and limitations of this Act.
Sec. 13. General Broadcast Policy Law. - The grantee shall comply with and be subject to the provisions of a general broadcast policy law, which Congress may hereafter enact.
Sec. 14. Reportorial Requirement. - The grantee shall submit an annual report to the Congress of the PhiIippines on its compliance with the terms and conditions of the franchise and on its operations within sixty (60) days from the end of every year.
Sec. 15. Equality Clause. - Any advantage, favor privilege, exemption, or immunity granted under existing franchises, or may hereafter be granted, shall ipso facto become part of this franchise and shall be accorded immediately and unconditionally to the herein grantee: Provided, however, That the foregoing shall neither apply to nor affect provisions on broadcasting franchises concerning territory covered by the franchise, the life span of the franchise, or the type of service authorized by the franchise.
Sec. 16. Separability Clause. - If any of the sections or provisions of this Act is held invalid, all other provisions not affected thereby shall remain valid.
Sec. 17. Repealability and Nonexclusivity Clause. - The franchise shall be subject to amendment, alteration or repeal by the Congress of the Philippines when the public interest requires and shall not be interpreted as an exclusive grant of the privileges herein provided for.
JOSE DE VENECIA, JR.
This Act which originated in the House of Representatives was finally passed by the House of Representatives and the Senate on July 31, 2006 and July 25, 2006, respectively.
OSCAR G G. YABES
ROBERTO P. NAZARENO
Approved: September 20, 2006
President of the Philippines
Lapsed into law on September 20, 2006
Without the signature of the President,
In accordance with Article VI,
Section 27 (1) of the Constitution