Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

Eighteenth Congress
First Regular Session
HOUSE BILL no3005

Introduced by Representative Cesar “Jawo” L. Jimenez, Jr.

EXPLANATORY NOTE

This bill seeks the renewal of the legislative franchise granted to Golden Broadcast
Professional, Inc. and the expansion of its operation to cover the entire Philippines.

Golden Broadcast Professional, Inc. is an existing operator of FM and TV
broadcast stations in the Island of Mindanao, as per Republic Act No. 8025. It has the
necessary licenses to operate DXVR-FM in Davao City; DXEL-FM and DXGM-TV in
Zamboanga City, respectively, and is continuously in operation of the same to date.

In undertaking its vital role in nation-building, as enshrined in our Constitution,
Golden Broadcast Professional, Inc. transmits quality radio and television programs and
information, affecting the areas of Zamboanga City and Davao City. It. gives out relevant,
and updated social information and concerns affecting our country by and through the
medium of public information/broadcasting, and social media. Ultimately, Golden
Broadcast Professional, Inc. became the channel for social development in the said
areas.

The entire nation needs further stimulation of information provided by broadcast
‘stations to give the public a wider spectrum of ideas and intelligent opinions, and promote
civic involvement in governance. It is for this reason that Golden Broadcast Professional,
Inc. must expand its operation to cover the whole Philippines. Moreover, the same
measure will enhance competition among legislative franchise holders, and generate jobs.
to the populace.


It is therefore respectfully requested that the renewal and expansion of this
congressional franchise subject of this application be granted so that applicant can
continue the operation and maintenance of its radio and television broadcast stations and
serve a wider audience.

CESAR “JA\ > INEZ


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

Eighteenth Congress

First Regular Session
3005

HOUSE BILLNO.__

Introduced by Representative Cesar “Jawo” L. Jimenez, Jr.

AN ACT
RENEWING FOR ANOTHER TWENTY-FIVE (25) YEARS THE FRANCHISE
GRANTED TO GOLDEN BROADCAST PROFESSIONAL, INC., UNDER REPUBLIC
ACT NO. 8025, ENTITLED “A FRANCHISE TO CONSTRUCT, MAINTAIN AND
OPERATE A STATION FOR FM RADIO AND TELEVISION BROADCASTING IN THE
ISLAND OF MINDANAO. AND FOR OTHER PURPOSES”, AND EXPANDING ITS
COVERAGE TO THE ENTIRE PHILIPPINES.

Be it enacted by the Senate and House of Representative of the Philippines in Congress
assembled:

SECTION 1. Nature and Scope of Franchise. - Subject to the provisions of the
Constitution, Republic Act No. 3846, entitled “An Act Providing for the Regulation of Radio.
Stations and Communications in the Philippine Islands, and for Other Purposes,” Act No.
3997 known as the “Radio Broadcasting Law,” and Commonwealth Act No. 146 known
as the “Public Service Act,” and their amendments, the Golden Broadcast Professional,
Inc., hereinafter referred to as the “grantee,” is hereby granted a franchise for a period of
twenty-five (25) years from the approval of this Act, to construct, maintain and operate for
commercial purposes and in the public interest, a station for FM radio and television
broadcasting in the Island of Mindanao, and the entire Philippines, at such place as the
grantee may select and the National Telecommunications Commission may approve.

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 the existing
stations or other stations which may be 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 the availability thereof.

SECTON 3. Prior Approval of the National Telecommunications Commission. -
The grantee shall secure from the National Telecommunications Commission (NTC) the
appropriate permits and licenses for 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, temporarily suspend the operation of any station or
facility in the interest of public safety, security and public welfare, or authorize the
temporary use and operation thereof by any agency of the government, upon due
compensation to the grantee, for the use of its 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.

SECTION 6. Term of Franchise. - This franchise shall be in effect for a period of
twenty-five (25) years from effectivity of this Act, 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. 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 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 or Usufruct, or Assignment of
Franchise - The grantee shall not lease, transfer, grant the usufruct of, sell or 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 transfer the controlling interest of the grantee., whether as a whole or in
part, 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 sale, lease, transfer, grant
of usufruct of, or assignment of franchise or the rights or privileges acquired thereunder,
or the merger or transfer of the 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 all the same conditions, terms, restrictions 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 operation. 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 Law — The grantee shall comply with and

be subject to the provisions of a general broadcast policy law, which Congress may
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 of every year during the term of its franchise. The
feportorial 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 of the grantee to submit the requisite annual
report to Congress will be penalized by a fine in the amount of Five Hundred Pesos
(P500.00) per working day of noncompliance. The fine will be collected by the NTC from
the delinquent franchise grantee separate from the reportorial penalties imposed by the
NTC.

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 the provisions of
broadcasting franchises concerning territory covered by such franchise, the life span of
the franchise or the type of service authorized by the franchise.

SECTION 16. 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 17. 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 18. 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: