Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon Ci

15™ CONGRESS,
First Regular Session

1436

HOUSE BILL N

Introduced by: HON. SALVADOR H. ESCUDERO III

EXPLANATORY NOTE

The bill seeks to grant the AEMILIANUM COLLEGE, INC. a legislative franchise
to construct, install, establish, operate and maintain radio and television broadcasting stations
in the Philippines.

The importance of communication and information in nation-building is expressly
recognized by our Constitution which is one of the most effective means of communication
and information.

To date, the fastest and most far-reaching medium of communication is still radio and
television, and it is a fact well known to us that there are still numerous area in the country
that do not receive accurate, sufficient and reliable information on a regular basis.

In view of the foregoing, approval of this bill is earnestly requested.

mueene ES

Representative
1® District, Sorsogon


Republic of the Philippines
HOUSE OF REPRESENTATIVES

1s™ CONGRESS
First Regular Session

HOUSE BILLNO.__1486

Introduced by REP. SALVADOR H. ESCUDERO III

AN ACT GRANTING THE AEMILIANUM COLLEGE, INC. A FRANCHISE TO
CONSTRUCT, INSTALL, ESTABLISH, OPERATE AND MAINTAIN RADIO AND.
TELEVISION BROADCASTING STATIONS IN SORSOGON

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
Constitution and applicable laws, rules and regulations, there is hereby granted to
Aemilianum College, Inc., hereunder referred to as the grantee, its successors or assigns, a
franchise to construct, install, establish, operate and maintain for educational and
noncommercial purposes and in the public interest, radio and/or television broadcasting
stations in Sorsogon, where frequencies and/or channels are still available for radio and/or
television broadcasting, through microwave, satellite or whatever means, including the use of
any new technologies in television and radio systems, with the corresponding technological
auxiliaries and 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 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 the construction and operation of its stations and
facilities and shall not use any frequency in the radio‘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 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 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 (1) year from the approval of its operating
permit by the NTC;

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

(c) Commence operations within three (3) years from the effectivity of this Act.

SEC. 7. Acceptance and Compliance. — Acceptance of this franchise shall be given in
writing within sixty (60) days from the effectivity of this Act. Upon giving such acceptan

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 (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 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, 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 so 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, city 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. Nontransferability of Franchise. - 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
wansferred, 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. 12. 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 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 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. 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 Philippines 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. Separabilit
invalid, all the other pro.

Clause. — If any of the sections or provisions of this Act is held
'$ not affected thereby shall remain valid.

SEC. 16. Repealability and Nonexclusivity 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. 17. Effectivity Clause. — This Act shall take effect fifteen (15) days from the
date of its publication, upon the initiative of the grantee, in at least two (2) newspapers of
general circulation in the Philippines.

Approved.