Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

EIGHTEENTH CONGRESS
First Regular Session
4402

HOUSE BILL NO.

Introduced by HON. ERICO ARISTOTLE C. AUMENTADO

EXPLANATORY NOTE

This bill proposes the renewal of the congressional franchise granted under R.A. 8149 to
TAGBILARAN BROADCASTING SYSTEM to enable it to continue its operations as a

Since the commencement of its operations and approval of the congressional franchise,
Tagbilaran Broadcasting System has consistently provided its audiences with a variety of
programs addressing the information, instructional, and entertainment needs and preferences of
the general public.

Given the all-important role media plays in the development of communities,
Tagbilaran Broadcasting System seeks to continue this privilege to serve and promote public
interest by way of expanding its operations throughout the Philippines and using its expertise

developed from many years of serving the general public through its programs that cater to a
variety of audiences.

(In view of the foregoing, immediate approval of this bill is eamestly sought.)

aos



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

EIGHTEENTH CONGRESS
First Regular Session
4402
HOUSE BILL NO.

Introduced by HON. ERICO ARISTOTLE C. AUMENTADO

AN ACT RENEWING FOR ANOTHER TWENTY-FIVE YEARS THE FRANCHISE
GRANTED TO TAGBILARAN BROADCASTING SYSTEM INC., FORMERLY
TAGBILARAN SYSTEM, TO CONSTRUCT, INSTALL, OPERATE, AND MAINTAIN
RADIO AND TELEVISION BROADCASTING STATIONS IN THE PROVINCE OF
BOHOL AND ANYWHERE IN THE PHILIPPINES

Beit 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
Constitution and applicable laws, rules and regulations, it is hereby granted TAGBILARAN
BROADCASTING SYSTEM INC,, to construct, install, operate, and maintain for commercial
purposes, radio and/or television broadcasting stations where frequencies and/or channels are
still available for radio and/or television broadcasting, including digital television systems, with
the corresponding technological auxiliaries and facilities, distribution services and relay stations,
for another twenty five year (25) years from the effectivity of this Act.

SECTION 2. Radio Spectrum. —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 that may be withdrawn or modified in the public interest at any
time after due process.


SECTION 3. Manner of Operation of Facilities— The stations or facilities of
the grantee shall be constructed and operated in a manner that will at most result
only in the minimum interference on the wavelengths of frequencies of the existing
stations or other stations which may be established in accordance with 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 the availability thereof.

SECTION 4. Prior Approval of the National Telecommunications— 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/television spectrum without having been authorized by the NTC.

SECTION 5. Responsibility to the Public. - The grantee shall provide
reasonable public service time to enable the government, through the said
broadcasting stations, to reach the population on important public issues; provide
at all times sound and balanced programming; assist in the functions of public
information, instruction, and education; conform to the ethics of honest and
equitable enterprise; and ensure that no obscene or indecent language, speech, act,
scene, false information, willful misrepresentation detriment to the public interest,
that incite, encourage, or assist in subversive or treasonable acts shall be
broadcasted or transmitted.

SECTION 6. Right of Government. - The President of the Philippines, in times
of rebellion, public peril, calamity, emergency, disaster or disturbance of peace and
order, may temporarily take over and operate the stations of the grantee,
temporarily suspend the operation of the station in the interest of public safety,
security and public welfare, or to authorize the temporary use and operation thereof
by any department of the government, upon due compensation to the grantee, for
the use of said stations during the period when they shall be so be operated.

SECTION 7. Term of Franchise. - This franchise shall be in effect for a period
of twenty-five (25) years from the effectivity 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 ipso facto revoked.


SECTION 8. 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, [with a copy furnished to the Chairman of the National
Telecommunications Commission] within sixty (60) days after the approval of this
Act. Upon giving such acceptance, the grantee shall exercise the privileges granted
under this Act.

SECTION 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 successors or
assigns shall pay a value added tax on sale of services; pursuant to the relevant
Provisions of the National Internal Revenue Code (R.A. No.8424), as amended;
provided that the grantee, its successors or assigns shall continue to be liable for
income taxes under Title II of the National Internal Revenue Code, as amended,
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.

SECTION 10. Self-regulation by and Undertaking of Grantee- The grantee
shall not require any previous censorship of any speech, play, act 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 such speech, play,
act, 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.

SECTION 11. 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 o actions, caused by the
construction or operation of the stations of the grantee.


SECTION 12. 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 entity
not otherwise enfranchised for broadcasting services 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 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.

SECTION 14. Equality Clause. - Any advantage, favor, privilege, exemption, or
immunity granted under other existing franchise, or which may hereafter be
granted for radio, television broadcasting, and/or cable television station, upon
prior approval of Congress, shall become part of this franchise and shall be
accorded immediately and unconditionally to the herein grantee.

SECTION 15. Separability Clause.- If any of the sections or provisions of this
Acct is held invalid, all other provisions not affected thereby shall remain valid.

SECTION 16. Repeatability 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.

SECTION 17. 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.