Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 8796

Introduced by HON. GUS S. TAMBUNTING

EXPLANATORY NOTE

The proposed law seeks to renew AMCARA Broadcasting Network, Inc.’s legislative
franchise for another twenty five (25) years.

AMCARA Broadcasting Network, Inc. was incorporated on 11 April 1994. It currently
operates two (2) radio stations and thirty two (32) television stations in several provinces.

In 2015, AMCARA was one with the government in pushing for a digital television
broadcasting service. It was one of the first broadcasting company to heed the
government's call to operate a digital television broadcast service. Through its digital
television service, AMCARA delivered enhanced television experience through the
improvement of the broadcast signal.

In its 24 years of operation as a broadcasting network throughout the country, it has
provided the public with varied content and programming, and delivered up-to-date
information and world-class education and entertainment to the Filipino people.

The renewal of the franchise of AMCARA Broadcasting Network, Inc. will allow AMCARA
to continue delivering information and education to the Filipino society, and help promote
public participation and awareness on important matters concerning the country.

The Filipino public will greatly benefit with the extension of the franchise of AMCARA
Broadcasting Network, Inc.

In view of the foregoing, the passage of this bill is earnestly sought.


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

‘SEVENTEENTH CONGRESS
Third Regular Session

8796
HOUSE BILL NO.

Introduced by HON. GUS S. TAMBUNTING

AN ACT
RENEWING THE FRANCHISE GRANTED TO AMCARA BROADCASTING
NETWORK, INC. UNDER REPUBLIC ACT NO. 8135 OR “AN ACT GRANTING
AMCARA BROADCATSING NETWORK, INC. A FRANCHISE TO CONSTRUCT,
INSTALL, ESTABLISH, OPERATE, AND MAINTAIN BROADCASTING STATIONS
IN THE PHILIPPINES, AND FOR OTHER PURPOSES” FOR TWENTY-YEARS (25)
FROM THE EFFECTIVITY OF THIS ACT

Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:

SECTION 1. Nature and Scope of Franchise. - Subject to the provisions of the
1987 Philippine Constitution and applicable laws, rules and regulations, the franchise
granted to Amcara Broadcasting Network, Incorporated, hereunder referred to as the
grantee, its successors or assignees, to construct, install, operate and maintain for
commercial purposes and in the public interest, radio and television broadcasting stations,
including VHF-TV, UHF-TV, AM radio, FM radio, direct broadcast via satellite, MATC,
CATV, digital audio broadcast, digital television, HDTV, MMDS and other forms of radio
and television broadcasting in the Philippines, with the corresponding technological
auxiliaries or facilities special broadcast and other program and distribution services and
relay stations, and to install radio communication facilities for the grantee's private use
in its broadcast services, is hereby renewed for another twenty-five (25) years from the
effectivity of this Act.


SEC. 2. Manner of Operation of Stations of 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 or 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 selected wavelengths or frequencies and the quality
of transmission or reception thereon as should maximize rendition of the grantee’s
services and/or availability thereof.

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 its stations and facilities and shall not use any
frequency in the radio/television spectrum without authorization from the Commission.
The Commission, however, shall not unreasonably withhold or delay the grant of any
such authority.

SEC. 4. Responsibility of 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, speech, act, or scene; or for the
dissemination of deliberately false information or willful misrepresentation, to the
detriment of the public interest, or to incite, encourage or assist in subversive or
treasonable acts.

SEC. 5. Right of Government. — A special right is hereby reserved to the
President of the Philippines, in times of war, rebellion, public peril, calamity, emergency,
disaster or disturbance of peace and order; to temporarily take over and operate the
stations or facilities of the grantee; to temporarily suspend the operation of any station
or facility 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 or facilities during the period
when they shall be so operated.

The radio spectrum is a finite resource that is part of the national patrimony and
the use thereof is a privilege conferred upon the grantee by the State and may be
withdrawn any time after due process.


‘SEC. 6. Term of Franchise. — This franchise shall be for a terms of twenty -five
(25) years from the date f approval of this Act, unless sooner revoked or cancelled. In
the event the grantee fails to operate continuously for two (2) years, this franchise shall
be deemed /pso facto revoked.

SEC. 7. Acceptance and Compliance. — Acceptance of this franchise shall be
given in writing to the Congress of the Philippines, through the Committee on Legislative
Franchises of the House of Representatives and the Committee on Public Services of the
Senate within sixty (60) days from the effectivity of this Act. Upon giving such acceptance,
the grantee shall exercise the privileges granted under this Act. Non-acceptance shall
render the franchise void.

SEC. 8. Tax Provisions. 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 or hereafter may be required by law
to pay. That the grantee, its successors or assigns, shall continue to be liable for income
taxes payable under 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 the return with and pay the tax due thereon to the
Commissioner of Internal Revenue or his duly authorized representatives in accordance
with the National Internal Revenue Code, and the return shall be subject to audit by the
Bureau of Internal Revenue.

SEC. 9. Se/f-Regulation by and Undertaking of Grantee. - The grantee shall
not require any previous censorship of any speech, play, act or scene, or other matter to
be broadcast from its stations; Provided, That the grantee, during any broadcast, shall
cut off from the air the speech, play, act or 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 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 nor assign this franchise or the rights and privilege
acquired thereunder to any person, firm, company, corporation or other commercial or
legal entity, nor shall the controlling interest of the grantee, be transferred to any such
private person, firm, company or 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. 12. 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. 13. Equality Clause. — Any advantage, favor, privilege, exemption, or
immunity granted under existing franchises, or which may hereafter be granted for radio
and/or television broadcasting, shall /pso facto become part of this franchise and shall be
accorded immediately and unconditionally to the herein grantee; Provided, That the
foregoing shall neither apply to nor affect provisions of broadcasting franchises
concerning territory covered by the franchise, the life span of the franchise or the type
of service authorized by the franchise.

SEC. 14. Separability Clause. - \f any of the sections or provisions of this Act
is held invalid, all the other provisions not affected thereby shall remain valid.

SEC. 15. 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. 16. Effectivity Clause. - This Act shall take effect fifteen (15) days after
its publication in at least two (2) newspapers of general circulation in the Philippines.
Approved,