Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

TWENTIETH CONGRESS
First Regular Session

HOUSE BILL NO. 33 3

Introduced by: REP. RACHEL MARGUERITE “CUTIE” DEL MAR

EXPLANATORY NOTE

Exodus Broadcasting Company, Inc. (“Exodus”) is a 100% Filipino-
owned multi-generational family corporation registered with the Securities
and Exchange Commission on 11 October 1993 with the primary purpose of
engaging in the business of radio broadcasting on a commercial basis and to
act as an advertising agent. It was granted a nationwide legislative franchise
under Republic Act No. 8603, which lapsed into law on March 26, 1998,
became effective on April 17, 1998, and expired on April 17, 2023.

Exodus is the sole and current owner of the WRocK brand of radio
stations and its corresponding LiteRock music programming, which was
conceptualized in the late 1980's and first hit the airwaves in 1988. The
brand has not reformatted since then, enabling Exodus to build a loyal base
of audiences all throughout the country and even to listeners abroad; but it
remains ever-relevant to the masses by injecting new music and tapering off
old music as the new decade approaches. Exodus also promotes responsible
citizenry through its time-tested award-winning WRocK brand and LiteRock
programming as it is designed to primarily inform, educate, and entertain
the public through a healthy balance of music. news snippets, and
informative segments which promote good and timeless Filipino values.

With the advent of online technology, the company has been able to
digitally expand the geographical reach of its radio station DYRK-FM 96.3
WRocK Cebu beyond its area of FM coverage via WRocK Online — an online
livestreaming simulcast listened to by millions of local Filipinos nationwide
whilst also delivering a slice of home to migrant Filipinos worldwide.


Exodus is seeking the grant of a new legislative franchise for another
25 years in order to support its plans to expand its WRocK brand by
establishing stations in key cities nationwide and delivering integrated
online and on-ground activities to its local areas of operation. Exodus aims
to deliver the same quality of programming which Filipinos have come to
love in the past two decades all while advocating and promoting good
Filipino values on a more-scaled national level.

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

RACHEL at ‘CUTIE” DEL MAR


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

TWENTIETH CONGRESS
First Regular Session

339

HOUSE BILL NO.

Introduced by: REP. RACHEL MARGUERITE “CUTIE” DEL MAR

AN ACT
RENEWING THE FRANCHISE GRANTED TO EXODUS BROADCASTING
CO., INC. FOR ANOTHER TWENTY-FIVE (25) YEARS OR A TERM THAT
SHALL TAKE EFFECT ON APRIL 18, 2023

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 1987 Philippine Constitution and applicable laws, rules
and regulations, the franchise granted to Exodus Broadcasting Co., Inc.,
under Republic Act No. 8603 entitled “An Act Granting the Exodus
Broadcasting Co., Inc. a Franchise to Construct, Install, Establish, Operate
and Maintain Radio and Television Stations in the Philippines”, hereunder
referred to as the grantee, ii

successors or assigns, to construct, install,
establish, operate, and maintain for commercial purposes and in the public
interest, radio and/or television broadcasting stations, including digital
television system, 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 in the Philippines
is hereby renewed for another twenty-five (25) years from the effectivity of
this Act.


Section 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
he established by law, without in any way diminishing 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 availability thereof.

Section 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
authorization from the NTC. The NTC, however, shall not unreasonably
withhold or delay the grant of any such authority.

Section 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.

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 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 these 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.

Section 6. Term of Franchise. - This franchise shall be in effect for
a period of twenty-five (25) years from April 18, 2023, unless sooner revoked
or cancelled. This franchise shall be deemed ipso facto revoked in the event
the grantee fails to operate continuously for two (2) years.

Section 7. Acceptance and Compliance. - Acceptance of this new
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, within
sixty (60) days from the effectivity of this Act. Upon giving such acceptance,
the grantee shall exercise the privileges granted under this Act.
Nonacceptance shall render the franchise void.

Section 8. 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: Provided, further, That
willful failure to do so 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 stations of the
grantee.

Section 10. Sale, Lease, Transfer, Grant of Usufruct, or
Assignment 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 transferred, 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: Provided, That Congress shall
be informed of any lease, transfer, granting the usufruct of, sale or
assignment of franchise or the rights and privileges acquired thereunder, or
of the merger, or transfer of controlling interest of the grantee, within sixty
(60) days after the completion of said transaction: Provided, further, That
failure to report to Congress such change of ownership shall render the
franchise ipso facto revoked: Provided, finally, That 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.

Section 11. 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 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 Senate, on its compliance with the
terms and conditions of the franchise and on its operations on or before
April 30 of every year during the term of the franchise

Section 13. Penalty Clause. - Failure to submit the annual report
to Congress will be penalized with a fine of five hundred pesos (P500.00) per
working day of noncompliance. The fine shall be collected by the NTC from
the delinquent franchise grantee separate from the reportorial penalties
imposed by the NTC. The collected funds shall accrue to the monitoring
fund of the NTC in line with its supervisory and regulatory functions. The
reportorial compliance certificate issued by Congress shall be required
before any application for permit or certificate is accepted by the NTC.


Section 14, 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, 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: Provided, further, That the foregoing shall not apply to sale,
lease, transfer, or grant of usufruct of legislative franchise with prior
congressional approval...

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

Section 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.

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

Approved,