y
l Republic of the Philippines CEIVE
2 HOUSE OF REPRESENTATIVES [3 R EG FIVED
3 Quezon Ci
4
5 SEVENTEENTH CONGRESS
6 First Regular Session
7 0
8 HOUSE BILL NO. 411
9 =i
10 Introduced by Representative Jerry P. Trefias
I a _
12
13
14 EXPLANATORY NOTE
5
16 ‘Through the years, the Hoilo Baptist Church (IBC), a fundamental Baptist

17 Church located at Lopez Jaena Street, Jaro, Hoilo City, Philippines, established by a
18 missionary from the U.S.A. has been successful in its many ministries (conversion of
19 souls, preaching. distributors of bibles/religious materials, and others) not only in the
20 City and Province of Hoilo, but also in Antique, Kalibo, Capiz and many parts of
21 Negros Island.

22

23 In order to expand its Ministries, Pastors and church members from the USA.
24 donated radio equipment and Broadcast facilities to the IBC. This prompted the
25 officers and members of the Board of Trustees to establish a radio station within its
26 = Campus.

27

28 The frequency of the said radio station is 106.3FM and shall be known as the
29 “Iloilo The Anchor Broadcasting Company”. The main objective is to spread the
30 — Gospel especially to people located in remote areas to strengthen their faith and trust
31 in God almighty

32

33 This radio station shall be exclusively used for Church Ministry and shall not
34 be used for commercial purposes. The operator and staff of the subject radio station
35 shall all be Pastors of the Hoilo Baptist Church who shall render their services for
36 free. Operation and maintenance of the Radio Station shall be supported by
37 contributions and love gifis of church members and pastors.

39 In view of this, the approval of its franchise for a period of Twenty (25) years
40 to render efficient and outstanding service to the public, is highly recommet

41
42

43

44

45

46

47

ae JERRY P.CRENAS

50


Pune

10
MW
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50

Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
SEVENTEENTH CONGRESS
First Regular Session

nouse Bituno.__4110

Introduced by Honorable Jerry P. Trefias

AN ACT GRANTING ILOILO BAPTIST CHURCH (PHILIPPINES)
TO CONSTRUCT, MAINTAIN AND OPERATE NON-COMMERCIAL
RADIO BROADCASTING STATIONS IN THE PHILIPPINES

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 the
Hoilo Baptist Church (Philippines), hereunder referred to as the Grantee, its
Successors or assigns, a franchise to construct, install, establish, operate and maintain
for non-commercial purposes and in the public interest, radio broadcasting station in
the Philippines, with the corresponding technological auxiliaries or facilities, special
broadcast and other program and distribution services and relay station, and to install
radio communication facilities of the grantee’s private use in its broadcast services

Section 2. Manner of Operations of Station 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.

Section 3. Prior Approval of the National Telecommunications Commission(NTC)
‘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 Commission. The
NTC, however, shall not unreasonably withhold or delay the grant of any such
authority.


19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49

Section 4. Responsibility 10 the Public, - The Grantee shall provide adequate public
service time to enable the government through the said broadcasting stations, to reach
the population on important 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 station 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, or t0 the
detriment of the public interest, or {o 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 times of war, rebellion, public peril, calamity, emergency,
disaster or disturbance of peace and order, to temporarily take over and operate the
station or facilities of the Gantee, 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 station or facilities during the period
when they shall be so operated

Section 6. Term of Franchise. - The franchise shall be for a term of twenty five (25)
years from the date of approval 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 7, Acceptance and Compliance. ~ this franchise shall become effective upon
acceptance in writing by the grantee. Upon giving such acceptance, the Grantee shall
exercise the privileges granted under this Act. Non-acceptance shall render the
franchise void

Section 8. Seif-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 station. 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 reason, rebellion or sedition, or the
language used therein or the theme thereof is indecent or immoral; and willful failure
to do shall constitute a valid cause for the cancellation of this franchise

Section 9. Warranty in Favor of National and Local Governments. - 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
station of the Grantee.

Section 10. Sale, Lease, Transfer, Usufruct, etc. - ‘The grantee shall not lease, transfer.
grant the usuftuct of, sell nor assign this franchise or the rights and privilege 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 transferred, to any such private person, firm, company.
corporation or entity without the prior approval of the Congress of the Philippines



eyAauewne

10
ul

12:
13
14
15
16
17
18
19
20
21

22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
a

42
43
44
45
46
47
48
49

Any person or entity to which this franchise is sold, transferred or assigned shall be
subject to all the same conditions, terms, restriction and limitations of this Act.

Section 11. Dispersal of Ownership. — In accordance with the constitutional provision
to encourage public participation in public utilities, the grantee shall offer to Filipino
Citizens at least thirty percent (30%) or a higher percentage that may hereafter be
provided by law of its outstanding capital stock in any securities exchange in the
Philippines within five (5) years from the commencement of its operations: Provided,
that in cases where public offer of shares is not applicable, establishment of
cooperatives and other methods of encouraging public participation by citizens and
corporations operating public utilities must be implemented. Noncompliance
therewith shall render the franchise ipso facto revoked.

Section 12. General Broadcast Policy Act. - The Grantee shall comply with general
broadcast policy law which Congress may have hereafter enact.

Section 13. 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 Representative and the committee on Public Services of the Senate, on
its compliance with the terms and conditions of the franchise and on its operations on
or before April 30 every year during the terms of its franchise. The reportorial
compliance certificate issued by Congress shall be required before any application for
permit or certificate is accepted by the NTC

Section 14. Penalty Clause. ~ Failure to submit the annual report to Congress shall be
penalized with a fine of five hundred pesos (500.00) per working day of
noncompliance. The fine will be collected by the NTC from said delinquent franchise
‘grantee separate from the reportorial penalties imposed by the grantee.

Section 15. 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, 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, that the foregoing shall neither apply
to nor affect provisions of broadcasting franchises conceming territory covered by the
franchise, the life span of the franchise or the type of service authorized by the
franchise: Provided, further, That the foregoing shall not apply to the sale, lease,
transfer, grant of usufruct or assignment of legislative franchises with prior
congressional approval.

Section 16. Separability Clause. - If any of the section or provision of this Act is held
invalid, all the other provisions not affected thereby shall remain valid.

Section 17. 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 18. Effectivity Clause. - This Act shall take effect fifteen (15) days after its
publication, in at least two (2) newspapers of general circulation in the Philippines

APPROVED.