Republic of the Philippines
House of Representative
Quezon City, Metro Manila
Nineteenth Congress
First Regular Session
HousE bELL`No.  8Pl8
Introduced by Representative Christian S. U abia
EXPLANATORY NOTE
This  bill  seeks  to  grant  the  municipal  government  of Talisayan  in  the
Province of Misanis Oriental, a franchise to construct, install, establish, operate
and maintain a frequency modulation (Fho radio station in the eastern part of the
province.
Section 24, Article 11 of the  1987  Constitution provides that "The  State
recognizes the vital role of communication and information in nation building,"
and Section 7, Article Ill declares that "The right of the people to information on
matters of public concern shall be recognized. xxx."
Radio stations play an indispensable role to the fulfillment and realization
of  the right to information on matters of public concern, freedom of expression
and  of the  press,  the  rights  that  are  mandated  and  protected  by  the   1987
Constitution.  In relation  to  this,  the  local  government of the  Municipality  of
Talisayan desires to operate an FM radio station to provide real-time information
and broadcasts of the most recent updates to its local listeners 24 hours a day. The
local government unit - owned FM station will also provide a valuable source of
information  and  serve  as  a  connection  to" its  people  to  address  community
problems and concerns.
Talisayan is a 4th class coastal municipality in the Province of Misamis
Oriental, with a population of 25,761 and a density of 184 inhabitants per square
kilometer  based  on  the  2020  Census  of Population  and  Housing.  The  main
economic  sources  of the  people  of Talisayan  are  fisheries,  agriculture,  food
production and tourism.


With a one-kilowatt transmitter located in Talisayan,  Misanis  Oriental,
which will broadcast FM radio progranming of 91.3 megahertz, the radio station
can  provide   signal   coverage  to  the  whole  Municipality  of  Talisayan  and
neighboring municipalities.
This   proposed   measure   of  granting   a   franchise   to   the   municipal
government of Talisayan, Misanis Oriental aims to spread awareness, through a
radio station, to Talisaynons and inform them of current important events, natural
disasters,  community  messages,  local  sports,  agricultural  concerns  and  local
businesses.  With these information, Talisaynons and the rest of the people of the
eastern part of Misanis Oriental will effectively make informed decisions that
will improve their lives and community.
In view of the foregoing, the immediate approval of this bill is earnestly
sought.
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Republic of the Philippines
House of Representatives
Quezon City, Metro Manila
Nineteenth Congress
First Regular Session
HOusE-Bil:L-fro.6818
Introduced by Representative Christian S. Unabia
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ANACT
GRANTING   THE   MUNICIPAL   GOVERNMENT   OF   TALISAYAN,
PROVINCH     0F     MISAMIS     ORIENTAL     A     FRANCHISE     T0
CONSTRUCT, INSTALL, ESTABLISH, OPERATE AND MAINTAIN A
FREQUENCY     MODULATION     (FM)     RADIO     BROADCASTING
STATION IN THH EASTERN PART 0F THE PROVINCE OF NISAMIS
ORIENTAL
Be it enacted by the Senate and House Of Riepresentatives Of the Philippines in
Congress assembled:
SECTION 1.  IV¢rfure a"dscape a/Fr¢#chz.s€.  -Subject to the provisions
of the  1987 Philippine Constitution and applicable laws, rules and regulations,
14     there is hereby granted to the municipal government of Talisayan, Province of
15      Misamis  Oriental,  hereinafter  referred  to  as  the  Grc7#Zee,  its  successors  or
16      assignees,  a franchise to construct,  install, establish, operate   and maintain for
17      commercial and non-commercial purposes and in the public interest, a frequency
18     modulation Q7M) radio broadcasting station in the eastern part of the province of
19     Misamis  Oriental  ,  where  frequencies  or channels  are  still  available  for radio


1      broadcasting,  utilizing  the  latest  technological  advances  or  irmovations,  with
2     corresponding technological auxiliaries or facilities, special broadcast and other
3     programs, and distribution services and relay stations.  The franchise includes the
4     operation of a multi-hazard early warning system to provide accurate and timely
5      advice  to  national  or  local  emergency  response  organization  and  the  general
6      public.
7                SEC. 2.  Manner of operation of stedons or Facilities.  -The GlaIThee
8     shall construct and operate the stations or facilities with minimum interference on
9     the wavelentth5 s or frequencies of existing stations or other stations, which may
10     be established by law, without in any way diminishing the privilege to use the
11      assigned wavelengths or frequencies and the quality of transmission or reception
12     to maxinize the availability and rendition of the Grantee's services.
13                 S;EC.   3.       Prior   Approval   Of   the   Na[tional   Telecommunications
14      Co"unz.ssz.o#. -The Grantee shall secure from the National Telecommunications
15      Commission (NTC) the appropriate permits and licenses for the construction and
16     operation of its stations and facilities and shall not use any frequency in the radio
17     spectrum  without  authorization  from the NTC.  The NTC,  however,  shall  not
18     unreasonably withhold or delay the grant of any such authority.
19                 In case of any violation of the provisions of this franchise, the NTC shall
20     have the authority to revoke or suspend, after due process, the permits or licenses
21      it issued pursuant to the franchise. The NTc may recommend to congress of the
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1     Philippines the revocation of the franchise for any violation of the provisions of
2      this franchise.
3                 EEC. 4.  Responsibility to the public. -The Graritee shdrl..
4                 (a)      Provide,  free  of charge,  adequate  public  service  time,  which  is
5     reasonable and sufficient,  to enable the goverrment,  through the broadcasting
6     stations or facilities, to reach the pertinent populations or portions thereof,  on
7     important public issues and relay important public announcements and warnings
8      concerning public emergencies and calamities, as necessity, urgency or law may
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requlre;
(b)      Provide at all times, sound and balanced programming;
(c)      Promote public participation;
(d)      Assist in the functions of public information and education;
(e)      Conform to the ethics of honest enterprise;
(I)       Promote  audience  sensibility  and  empowerment  through  closed
15      captioning; and
16                 (g)      Avoid the broadcasting of obscene or indecent language, speech, act
17      or    scene,     or    deliberately     disseminate     false     information    or    willful
18     misinterpretation, to the detriment of the public interest, or to incite, encourage
19      or assist in subversive or treasonable acts.
20                 For  purposes  of  this  section,  public  service  time  is  equivalent  to  a
21      maximum   aggregate   of  ten   percent   (10%)   of  the   paid   commercials   or
22      adver[isements,  which  shall  be  allocated  based  on  need  of  the  executive,
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1      legislative, judiciary, constitutional commissions and intemational humanitarian
2      organizations duly recognized by statutes: Provz.decJ, That the NTC shall increase
3     the public service time in case of extreme emergency or calamity. The NTC shall
4     issue  rules  and  regulations  for  this  purpose,  the  effectivity  of which  shall
5     commence upon applicability with other similarly  situated broadcast network
6      franchise holders.
7                 SEC. 5.  jHI.givf a/ Gover#"e#J. -The radio spectrum is a finite resource
8     that is part of the national patrimony and the use thereof is a privilege conferred
9     upon the Grantee by the state and may be withdrawn any time after due process.
10                 A special right is hereby reserved to the president of the philippines, in
11      times of war, rebellion, public peril, calamity, emergency, disaster, or disturbance
12     of peace and order: to temporarily take over and operate the stations or facilities
13      of the Grantee; to temporarily suspend the operation of any station or facility in
14     the  interest  of public  safety,  security  and public  welfare;  or to  authorize  the
15     temporary use and operation thereof by any agency of the government, upon due
16     compensation to the Grantee, for the use of said stations or facilities during the
17     period when these shall be so operated.
18                SEC. 6.  Term a/Fro"c/#.sci -This franchise shall be in effect for a period
19     of twenty-five (25) years from the effectivity of this Act, unless sooner revoked
20     or cancelled. This franchise is deemed zps'o/ercfo revoked in the event the Grantee
21      fails to comply with any of the following conditions:
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1                 (a)      Commence operations within one (1) year from the approval of its
2     operatingpermit by the NTC;
3                 (b)      Commence operations within three (3) years from the effectivity of
4      thisAct;and
5                 (c)      Operate continuously for two (2) years.
6                 SEC.  7. jRenenJ¢J or Ek*e#§z.o# a/F"Hchz.sci -The Grantee shall apply
7      for the renewal or extension of its franchise three (3) years before its expiration
8     which shall be reckoned from fifteen (15) days after publication of the franchise
9      in the Qorcz.cr/ Gcrze/Je or in a newspaper of general circulation.
10                 SEC. 8.  4ccepffl!#ce -Acceptance of the terms of this franchise shall be
11      given in writing to the Congress of the Philippines, through the Committee on
12     Legislative Franchises of the House of Representatives and the Committee on
13      Public  Services  of  the  Philippine   Senate,  within  sixty  (60)  days  from  the
14     effectivity of this Act. Upon giving such acceptance, the Grantee shall exercise
15      the privileges granted under this Act. Nonacceptance shall render the franchise
16       void.
17                 SEC. 9. Bo#d. -The Grantee shall file a bond with the NTC, in the amount
18     that the NTC shall determine, to guarantee compliance with and fulfillment of the
19      conditions under which this franchise is granted. If after three (3) years from the
20     date of the approval of its permit by the NTC, the Grantee shall have fulfilled the
21      sane,  the  bond  shall  be  released  by  the  NTC.  Otherwise,  the  bond  shall  be
22      forfeited in favor of the government and the franchise 7Z7so/czcfo revoked.
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1                SEC.10.  P#+i"eHf a/rareg ¢#d offaer Fees. -The Grantee, its successors
2      or assignees, shall continue to be subject to all applicable taxes, duties, fees, or
3      charges  and other  impositions  under the  National  Intemal  Revenue  Code,  as
4     amended, Republic Act No. 7160, otherwise known as the "Local Government
5      Code of 1991," as amended, and other applicable laws.
6                S;EC.  +1.   Self =reguledon  by  and undertcking  of the  Grantee.  -The
7     Grantee  shall not require  any previous  censorship  of any  speech,  play,  act or
8      scene, or other matter to be broadcast from its stations but if any such speech,
9     play, act or scene, or other matter constitute a violation of the law or infringement
10     of a private right, the Grantee shall be free from any liability, civil or crininal,
1]      for such speech, play, act or scene, or other matter: Prov7.dec7,  That the Grantee,
12      during any broadcast, shall cut off the alring of the speech, play, act or scene, or
13      other matter that tends to propose or incite treason, rebellion or sedition; or the
14      language used therein or the theme thereof is indecent or immoral:   ProvJ.c7ec7,
15     /#rffeer, That willful failure to cut off the airing shall constitute a valid cause for
16      the revocation and cancellation of this franchise.
11                S;EC.12.  Warranty in Favor of the National and Local Governments. -
18      The Grantee shall hold the national, provincial, city and municipal goverrments
19      of the philippines free from all claims, liabilities, demands, or actions arising out
20     of accidents  causing  injury  to  persons  or  damage  to  properties,  during  the
21      construction or operation of the stations of the Grantee.
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\                EEC.13.  Creation  of Emplayment opportunities.  -The GraITtee sha;Il
2     create employment opportunities and accept on the job trainees in the franchise
3      operations: Provided, That priority shall be accorded to the residents of the place
4     where the principal office of the Grantee is located: Provided, futher, That the
5      Grantee shall ensure that at least sixty percent (60%) of its employees are regular
6     employees  and  in no  case  shall  the  percentage  of contractual  employees  and
7     independent  contractors  combined  exceed  forty  percent  (40%)  of  its  total
8     work force:   Provided, finally, That the Grantee shall follow the applicable labor
9     standards and allowance entitlement under existing labor laws, rules, regulations
10      and similar issuances: Provided, fmally, That the Grantee shall follow applicable
11      civil service rules and regulations and other similar issuances.
12                FIEC.14.  Sale, Lease, Transifer, Usuf ruct, or Assignment of Franchise.
13     -The Grantee shall not sell, lease, transfer, grant the usufruct of, nor assign this
14      franchise or the rights and privileges  acquired thereunder to any person,  frm,
15      company, corporation or other commercial or legal entity, nor merge with any
16     other  corporation  or  entity,  nor  the  controlling  interest  of  the  grantee  be
17     transferred,  whether  as  a  whole  or  in  part,  and  whether  simultaneously  or
18      contemporaneously, to any  such person,  firm,  company,  corporation,  or entity
19      without the prior approval  of the  Congress  of the Philippines:  Provz.c7ec7,  That
20     Congress  shall  be  informed  of any  sale,  lease,  transfer,  grant of usufruct,  or
21      assignment offranchise or the rights and privileges acquired thereunder, or of the
22     merger or transfer of the controlling interest of the grantee, within sixty (60) days
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1      after the completion of the transaction: Prov7.dec7, /#rzfeer,  That failure to report
2     to  Congress  such  change  of ownership  shall  render  the  franchise  7Pso /#c/o
3      revoked: Prow.dec7, ¢72cr/fy,  That any person or entity to which this franchise is
4     sold,  transferred  or  assigned  shall  be  subject  to  the  same  conditions,  terms,
5      restrictions, and limitations of this Act.
6                 SEC.15.  Repo#orz.¢J Rcq#!.rei„c#£ -The Grantee shall submit an annual
7     report  to  Congress,  through  the  Committee  on  Legislative  Franchises  of the
8     House of Representatives and the Committee on Public Services of the Senate,
9     on  its  compliance  with the  terms  and  conditions  of the  franchise  and  on  its
10     operations on or before April 30 of every year during the term of its franchise.
11                 The  annual  report  shall  include  an  update  on  the  commencement  of
12      activities, development, operation, and expansion of business, audited financial
13      statements,   and  certification  of  the  NTC  on  the  status  of  its  permits  and
14      operations.
15                 The reportorial compliance certificate issued by congress shall be required
16     before any application for permit or certificate is accepted by the NTC.
17                 SEC.16.  Fc.#cL  -Failure  of the  Grantee to  submit the  requisite  annual
18     report to congress shall be penalized by a fine ofFive hundred pesos q?500.00)
19     per working day ofnoncompliance. The fine shall be collected separately by the
20     NTC  distinct  from  the  penalties  it  imposes  for  noncompliance  of  its  own
21      reportorial requirements.
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1                 SEC.17.  Eq#¢Jrty c7¢wse. -Any advantage, favor, privilege, exemption,
2     or immunity granted under existing franchises, or which may hereafter be granted
3      for radio broadcasting, upon prior review and approval of congress, shall become
4     part of this franchise and shall be accorded inrmediately and unconditionally to
5      the grantee:  Prow.c7ec7,  That the  foregoing shall neither apply to nor affect the
6     provisions of broadcasting franchises pertaining to the term, type of service or
7      territorial coverage of the franchise.
8                 EEC.18.  Repealability  and Nonexclusivity  Clause.  -This franct[ise is
9     subject to aniendment,  alteration, or repeal by the Congress of the Philippines
10     when the public interest so requires and is not interpreted as an exclusive grant of
11      the privileges herein provided for.
12                 SEC.19.   Sep¢rabz./rty  c7fl!#se.  -If any provision or part of this Act is
13      declared  invalid  or  unconstitutional,  the  remaining  parts  or  provisions  not
14      affected shall remain in force and effect.
15                 SEC. 20. Repe¢/I.#g cJ¢wse -All laws, executive orders, issuances, rules
16      and regulations  inconsistent with or contrary to the provisions of this Act are
17     repealed, amended or modified accordingly.
18                 SEC. 21.  E/Tec#1Jrty. -This Act shall take effect fifteen (15) days after its
19     publication in the o#cz.cz/ Gcrzezfe or in a newspaper of general circulation.
2o                 Approve d,
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