Republic of the Philippines
HOUSE OF REPRESENTATIVES,
Quezon City

Sixteenth Congress
First Regular Session

House Bill No. 3240

Introduced by Representative Pedro B. Acharon, Jr.

EXPLANATORY NOTE

Pursuant to and relying on its constitutionally-guaranteed freedom of speech, of expression,
and of the press, and on the policies of the State recognizing the vital role of communication and
information in nation building, and providing the policy environment for the full development of
Filipino capability and the emergence of communication structures enshrined in Article Il, Section
24, and Article XVI, Section 10 of the 1987 Philippine Constitution, respectively, Brigada Mass
Media Corporation (BMMC) came into existence.

BRIGADA MASS MEDIA CORPORATION is a duly organized and registered domestic
corporation, which for a considerable period of time has been successfully engaged in the publication
and broadcasting businesses, through its two (2) subsidiaries: BRIGADA NEWS PHILIPPINES and
BRIGADA NEWS FM, principally based in General Santos City, but would practically cover almost
the entire island of Mindanao

In view thereof, and with the current expansion and development efforts being undertaken by
BMMG, it is but proper and fitting that, through the herein bill, it is granted to construct, install,
establish, operate, and maintain in all forms, in the entire Philippines; for it to be rendered even more
effective in the dissemination of valuable information to the reading, listening and viewing public in
this impoverished part of our country.

It is on the light of the foregoing that the approval of the herein legislative measure is hereby
earnestly requested.

PEDRO'B. ACHARON, JR.


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

Sixteenth Congress
First Regular Session

House Bill No._ 38240

Introduced by Representative Pedro B. Acharon, Jr.

AN ACT
GRANTING THE BRIGADA MASS MEDIA CORPORATION A FRANCHISE TO CONSTRUCT, INSTALL,
ESTABLISH, OPERATE AND MAINTAIN RADIO AND TELEVISION BROADCASTING STATIONS IN THE
PHILIPPINES.

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 Brigada Mass Media Corporation,
hereunder referred to as the grantee, its successors or assigns, a franchise to construct, install, establish,
operate and maintain for commercial purposes and in the public interest, radio and/or television
broadcasting stations in the Philippines, where frequencies and/or channels are still available for radio
and/or television broadcasting, with the corresponding technological auxiliaries or facilities, special
broadcast and other program and distribution services and relay stations.

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 wave lengths or frequencies of existing or other stations which may be established by law,
without in any way diminishing its own right to use its selected wave length 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 Commission the appropriate permits and licenses for the
construction and operation of its stations and facilities and shall not use any frequency in the radio or
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 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 or
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 a part of the
national patrimony and the use thereof is a privilege conferred upon the grantee by the State and may
be withdrawn anytime, after due process.

‘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. This franchise shall be deemed ipso
‘facto revoked in the event the grantee fails to comply with any of the following conditions:

(a) Commence operations within one (21) year from the approval of its permit by the National
Telecommunications Commission;

(b) Operate continuously for two (2) years; and

(c) Commence operations within three (3) years from the effectivity of t!

Act.

SEC. 7. Acceptance and Compliance. ~ Acceptance of this franchise shall be given in writing
sixty (60) days after 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. Bond. - The grantee shall file a bond issued in favor of the National Telecommunications
Commission, which shall determine the amount, to guarantee the compliance with and fulfillment of the
conditions under which this franchise is granted. If after three (3) 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 franchise ipso
facto revoked.

SEC. 9. 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. In addition thereto, the grantee, its