T8.uyl 2013

16" CONGRESS fy
First Regular Session -

1586

HOUSE BILL NO.

Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

Introduced by: REP. EVELINA G. ESCUDERO.

EXPLANATORY NOTE

‘The bill seeks to grant the AEMILIANUM COLLEGE, INC. a legislative franchise to
construct, install, establish, operate and maintain radio and television broadcasting stations in the
Philippines.

The importance of communication and information in nation-building is expressly
recognized by our Constitution which is one of the most effective means of communication and
information.

To date, the fastest and most far-reaching medium of communication is still radio and
television, and it is a fact well known to us that there are still numerous area in the country that
do not receive accurate, sufficient and reliable information on a regular basis.

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

Ausbel .

EVELINA G, ESCUDERO,

(og


Republic of the Philippines
HOUSE OF REPRESENTATIVES

16" CONGRESS
First Regular Session

1588

HOUSE BILL NO.

Introduced by REP. EVELINA G, ESCUDERO

AN ACT
GRANTING THE AEMILIANUM COLLEGE, INC. A FRANCHISE TO CON‘ UCT,
INSTALL, ESTABLISH, OPERATE AND MAINTAIN RADIO AND TELEVISION
BROADCASTING STATIONS IN SORSOGON

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 Aemilianum
College, Inc., hereunder referred to as the grantee, its successors or assigns, a franchise to
construct, install, establish, operate and maintain for educational and noncommercial purposes
and in the public interest, radio and/or television broadcasting stations in Sorsogon, where
frequencies and/or channels are still available for radio and/or television broadcasting, 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.

SEC. 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 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.

3. Prior Approval of the National Telecommunications Commission. ~ The grantee
cure 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 having been authorized by the Commission.
The Commission, however, shall not unreasonably withhold or delay the grant of any such
authority.

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SEC. 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 programmin;
assist in the functions of public information and education; conform to the ethics of honest
enterprise; and not use its stations and ies 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.

SEC. 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 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.

SEC. 6. Term of Franchise. ~ This franchise shall be for a term of twenty-five (25) years
from the date of effectivity of this Act, unless sooner revoked or cancelled. This franchise shall
be deemed ipso facto revoked in the event the grantee fails to comply with any of the following
conditions:

(a) Commence operations within one (1) year from the approval of its operating permit
by the NT

(b) Operate continuously for two (2) years; and

(c) Commence operations within three (3) years from the effectivity of this Act.

SEC. 7. Acceptance and Compliance. ~ Acceptance of this franchise shall be given in
writing 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.

EC, 8, Bond. — The grantee shall file a bond issued in favor of the NTC, which shall
determine the amount, to guarantee the compliance with and fulfillment of the conditions under
which this franchise is granted. If after three (3) years from the date of the approval of its permit
by the Commission, the grantee shall have fulfilied the same, the bond shall be cancelled by the
Commission. Otherwise, the bond shall be forfeited in favor of the government and the franchise
ipso facto revoked.

SEC. 9. 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; and willful failure to do so shall constitute a valid cause for the cancellation of this
franchise,

SEC. 10. Warranty in or of National and Local Governments. ~ The grantee shall
hold the national, provincial, city and municipal governments of the Philippines harmless 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.

SEC. 11. Nontransferability of Franchise. ~The grantee shall not lease, transfer, grant
the usufiuct 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. 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.

SEC. 12. 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, shall ipso facto 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.

SEC. 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.

SEC, 14. Reportorial Requirement. — The grantee shall submit an annual report to the
Congress of the Philippines on its compliance with the terms and conditions of the franchise and
on its operations within sixty (60) days from the end of every year.

‘lause. ~ If any of the sections or provisions of this Act is held
invalid, all the other provisions not affected thereby shall remain valid,

SEC. 16. Repeatability 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.

SEC. 17. Effectivity Clause. ~ This Act shall take effect fifteen (15) days from the date of
its publication, upon the initiative of the grantee, in at least two (2) newspapers of general
circulation in the Philippines.

Approved,