Republic of the Philippines
House of Representatives
Quezon City

Eighteenth Congress
First Regular Session

HOUSE BILL No. 6679

Introduced by the Honorable Ann K. Hofer

EXPLANATORY NOTE

This bill seeks to renew the 25-year franchise granted to the University of the
Philippines (UP) by virtue of Republic Act No. 8160, which will expire on 23 September 2020,
to conduct, establish, maintain, and operate radio and television broadcasting stations, for
educational and other related purposes.

DZUP, the campus radio station of UP Diliman managed by the College of Mass
Communication, serves not only as an academic laboratory for Broadcast Communication
majors but more importantly, as a means of expression for the general public. It has been
operating in the air for more than 60 years. Through it, members of the general public are able
to engage in free, intelligent, and informative discourse.

This bill seeks to enable the University to continue this significant contribution to the

academic community and the general public by renewing its franchise for another 25 years.

In view of the foregoing, the immediate approval of this measure is earnestly sought.

ANY K. HOFER
Second Distritt, Zamboanga Sibugay


Republic of the Philippines
House of Representatives

Quezon City

Eighteenth Congress
First Regular Session

House Brit No.5678

Introduced by the Honorable Ann K. Hofer

AN ACT

RENEWING THE FRANCHISE GRANTED TO THE UNIVERSITY OF THE
PHILIPPINES SYSTEM TO CONSTRUCT, ESTABLISH, MAINTAIN, AND
OPERATE FOR EDUCATIONAL AND OTHER RELATED PURPOSES, RADIO AND
TELEVISION BROADCASTING STATIONS WITHIN THE UNIVERSITY OF THE
PHILIPPINES AND IN SUCH OTHER AREAS WITHIN THE SCOPE OF ITS
OPERATION, UNDER REPUBLIC ACT NO. 8160, TO ANOTHER TWENTY-FIVE
(25) YEARS

Be it enacted by the Senate and the 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 the
University of the Philippines under Republic Act No. 8160, entitled “An Act Granting the
University of the Philippines System a Franchise to Construct, Establish, Maintain, and Operate
for Educational, and Other Related Purposes Radio and Television Broadcasting Stations
Within the University of the Philippines and in Such Other Areas Within the Scope of Its
Operation,” and hereunder referred to as the grantee, is hereby renewed for another twenty-five
(25) years from the effectivity of this Act.

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 on its own privilege to use
its assigned 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. Responsibility to the Public. — The grantee shall provide adequate public
service time to enable the government, though the said broadcasting stations or facilities, to
reach the population on important public issues and announcement; provide at all times sound
and balanced programming; promote public participation; 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, speech, act or scene, or for the


dissemination of deliberately false information or willful misrepresentation to the detriment of
public interest, or to incite, encourage, or assist in subversive or treasonable acts.

SEC. 4. Right of Government. — A special right is hereby reserved to the President of
the Philippines, in times of rebellion, public peril, calamity, emergency, disaster or disturbance
of peace and order; to temporarily take over and operate the stations of the grantee; to
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 the said stations 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. 5. Term of Franchise. — This franchise shall be in effect for a period of twenty-
five (25) years from the date of effectivity of this Act. This franchise shall be deemed ipso facto
revoked in the event the grantee fails to operate continuously for two (2) years.

SEC. 6. Acceptance and Compliance. — Acceptance of this renewed franchise shall be
given in writing by the grantee within sixty (60) days after approval of this Act. Refusal or
failure to accept the franchise or to operate within the prescribed period shall render this
franchise void.

SEC. 7. Tax Provision. — Being part of the government, the grantee shall be exempt
from paying all taxes and fees.

SEC. 8. 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. 9. 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,
without the approval of the Congress of the Philippines. Any person or entity to which this
franchise is sold, transferred or assigned shall bc subject to all thc same conditions, terms, and
limitations of this Act.

SEC. 10. Self-regulation by the Undertaking of Grantee. — The grantee shall not
require any previous censorship of any speech, play, act or scene, or other matter to be
broadcast and/or telecast from its stations: Provided, that the grantee, during any broadcast
and/or telecast, shall cut off from the air any speech, play, act or scene, or other matter being
broadcast and/or telecast 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. 11. General Broadcast Policy. ~ The grantee shall comply with and be subject to
the provision of a general broadcast policy law that may hereinafter be enacted.

SEC. 12. Reportorial Requirement. — The grantee shall submit an annual report 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 Philippine Senate, 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. 13. Separability Clause. — Should any provision of this Act be declared
unconstitutional, the remainder thereof not otherwise affected shall remain in full force and
effect.

SEC. 14, Repealability and Non-exclusivity Clause. — This franchise shall be subject
to amendment, alteration, or repeal by the Congress of the Philippine when the public interest
so requires and shall not be interpreted as an exclusive grant of the privileges herein provided
for.

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

Approved,