Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
Second Regular Session

6429

HOUSE BILL NO.

Introduced by Rep. Anthony M. Bravo

EXPLANATORY NOTE

This bill seeks to renew the Legislative Franchise granted to Andres
Bonifacio College Broadcasting System, Inc. on July 15, 1995.

Republic Act 8120 hereby granted a franchise to construct, maintain, and
operate radio and television broadcasting stations in the island of Mindanao
for educational, scientific and cultural as well as for economic purposes.
Andres Bonifacio Broadcasting System, Inc. has been a long-time partner of
the state in disseminating vital day to day information to the people and
rendering public service, inherent in and among broadcast media networks.

The renewal of this franchise needed for its continuous operation will not
only be an aid to the nation’s cultural and social aspect but also to its
economic facet through the grantee’s contribution to the government in
terms of taxes and fees.

Hence, the passage of this bill is earnestly sought.

REP. [ONY M. BRAVO


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
Second Regular Session

6429

HOUSE BILL NO.

Introduced by Rep. Anthony M. Bravo

AN ACT
RENEWING THE FRANCHISE GRANTED TO ANDRES BONIFACIO
COLLEGE BROADCASTING SYSTEM, INC., UNDER REPUBLIC ACT NO.
8120 ENTITLED “AN ACT GRANTING THE ANDRES BONIFACIO
COLLEGE BROADCASTING SYSTEM INC., A FRANCHISE TO
CONSTRUCT, INSTALL, OPERATE AND MAINTAIN RADIO
BROADCASTING STATIONS AND STATIONS FOR TELEVISION IN THE
ISLAND OF MINDANAO FOR EDUCATIONAL, CULTURAL AND
COMMERCIAL PURPOSES” TO ANOTHER TWENTY FIVE (25) YEARS

Be it enacted by the House of Representatives and Senate of the Philippines
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 Andres Bonifacio College Broadcasting System, Inc.,
hereunder referred to as the grantee, its successors or assignees, under
Republic Act No. 8120 entitled “An Act Granting the Andres Bonifacio College
Broadcasting System, Inc. a Franchise to Construct, Install, Operate and
Maintian Radio Broadcasting Stations and Stations for Television in the Island
of Mindanao for Educational, Cultural and Commercial Purposes” is hereby
renewed for another twenty-five (25) years from the effectivity of this Act.

SECTION 2. Manner of Operation of Stations and Facilities. - The
stations or facilities of the grantee shall be constructed and operated in a
manner as will, at most, result only to 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

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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,

SECTION 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 shall not use any frequency in the radio or
television spectrum without having been authorized by the Commission.

SECTION 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,
promote public participation, assist in the functions of public information
and knowledge. The grantee shall conform to the ethics of honest enterprise
and shall not use its stations for the broadcasting of obscene and indecent
language, speech, act or scene, or for the dissemination of deliberately false
information or willful misrepresentation/disinformation, to the detriment of
the public interest or to incite, encourage, or assist in subversive or
treasonable acts.

SECTION 5. Right of Government. - A special right is hereby reserved to the
President of the Philippines, in time of war, rebellion, public peril, calamity,
emergency, disaster or serious 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,
compensation to the grantee, for the use of said stations or facilities during
the period when they shall be so operated.

SECTION 6. Term of Franchise. — This franchise shall be for a term of
twenty five (25) years, unless sooner revoked or cancelled. In the event that
grantee fails to operate continuously for two (2) years, this franchise shall be
deemed ipso facto revoked.

SECTION 7. Acceptance and Compliance.- Acceptance of this franchise
shall be given in writing to the Congress of the Philippines, through the
Committee on Legislative Franchise 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

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exercise the privileges granted under this Act. Non-acceptance shall render
the franchise void.

SECTION 8. Warranty in Favor of National and Local Government. —- 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.

SECTION 9. Sale, Lease, Transfer, Usufruct or Assignment of Franchise.-
The grantee shall not lease, transfer, grant the usufruct of, sell nor assign
this franchise or to the rights and privileges 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, 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 all the
same conditions, terms, restrictions, and limitations of this Act.

SECTION 10. 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.

SECTION 11. Equality Clause. - Any advantage, favor, privilege, exemption
or immunity granted under existing franchises or which may hereafter be
granted for radio broadcasting upon prior review and approval of Congress,
shall 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 of broadcasting franchises or the
type of service authorized by the franchise, Provided further, that the
foregoing shall not apply to sale, lease, transfer or grant of usufruct of
legislative franchise with prior congressional approval.

SECTION 12. —Separability Clause. — If any of the sections or provision of
this Act is held invalid, all other provisions not affected thereby shall remain
valid.

SECTION 13. Repealing 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 g
rant of the privileges herein provided.


SECTION 14. Effectivity Clause. — This Act shall take effect fifteen (15) days
after its publication in the Official Gazette or in a newspaper of general
circulation.

APPROVED,