Republic of the Philippines
HOUSE 0F REPRESENTATIVHS
Quezon City
NINETEENTH CONGRESS
First Regular Session
•J,,
HOUSE BILL NO.
Introduced by HON. BAMBI 8. EMANO
AN ACT GRANTING THE RADYO DE 0R0 CORPORATION A FRANCHISE TO
CONSTRUCT, INSTALL, ESTABLISH, OPERATE AND MAINTAIN RADIO AND
TELI]VISION BROADCASTING STATIONS IN THE CITY OF CAGAYAN DE ORO
AND THE PROVINCH OF MISAMIS ORIHNTAL, PHILIPPINES
EXPLANATORY NOTE
Section  24,  Article  11  of the   1987  Philippine  Constitution  provides  that,   ''ffee  S/a/e
recognizes the vital role Of communication and inif;ormation in ration-building."
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 areas in the country that
do not receive accurate, sufficient and reliably information on a regular basis.
The radio and television play a very important role in a nation's life as they affect the ideas
and behavior of all sorts of people. Through radio and television stations, the RADYO DE ORO
CORPORATION  has  a  primordial  objective  of  providing  the  Filipinos  with  programs  of
information that are both educational and entertaining.
Therefore, this bill seeks to grant the RADYO DE ORO CORPORATION a franchise to
construct, install, establish, operate and maintain radio and television broadcasting stations in all
forms permitted by law in the City of Cagayan de Oro and the Province of Misamis Oriental,
Philippines.
A measure of the same intent, House Bill No. 4515, authored by Hon. Jose Benjamin A.
Benaldo, was submitted in the  15th Congress. We are re-filing this bill in the  19th Congress in an
effort to persuade the lower and upper houses to enact this into a law.


In view of the foregoing, immediate approval of this bill is earnestly requested.
i--     _--
HON. BAMBI 8. End-Aiv6-
Representdf;ve
2nd District, Misamis Oriental


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
NINETEHNTH CONGRESS
First Regular Session
I,   -   ^  ~
HOUSE BILL NO.
Introduced by HON. BAMBI 8. EMANO
AN ACT GRANTING THE RADYO DH 0R0 CORPORATION A FRANCHISE TO
CONSTRUCT, INSTALL, HSTABLISH, OPERATE AND MAINTAIN RADIO AND
TELEvlsloN BROADCASTING sTATloNs IN TIIn CITv oF CAGAVAN DE oRo
AND THH PROVINCE 0F MISAMIS ORIENTAL, PHILIPPINHS
Be  it  enacted  by  the  Senate  and  House  Of  Represerttatives  Of  the  Philippines  in  Congress
assembled:
SECTION  I.  IVcrJ#re  cr#c7  Scapc  a/ ffee  Frcr#cfoz'se.   -  Subject  to  the  provisions  of  the
Constitution and applicable laws, rules and regulations, there is hereby granted to RADYO DE
ORO CORPORATION, hereunder referred to as the grantee, its successors and assigns, a franchise
to construct, install, establish, operate and maintain for commercial purposes and in the public
interest,  radio  and/or television  broadcasting  stations  in the  City  of Cagayan  de  Oro  and the
Province of Misamis Oriental, Philippines, where frequencies and/or channels are still available
for radio  and/or television broadcasting,  including  digital  radio,  internet  protocol  (IP)  related
services, through microwave, satellite or whatever means, including the use of any new technology
that may hereafter or in the future be developed in the radio broadcasting, with the corresponding
technological  auxiliaries  and  facilities,  special  broadcast  and  other  program  and  distribution
services and relay stations.
SHCTI0N 2. A4cr##er a/Opera/z.o# a/Srtz/i.o#s or Fczcz./ztz.es. -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.
SHCT¥OIN 3. Prior Approval Of the National Telecommunications Commission. -The gran:tee
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 having been authorized by the Commission.
The  Commission,  however,  shall  not  unreasonably  withhold  or  delay  the  grant  of any  such
authority.
SECTION 4. Respo#sj.bz./z.fy /a ffae P"a/I.c. - 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 or 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.
SHCTI0N 5. Jij.gfo/ /a Gover#me#/. -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 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 the said
stations or facilities during the period when the shall be so operated.
The radio spectnm is a finite resource that is part of the national patrinony, and the use
thereof is a privilege conferred upon the grantee by the State and may be withdrawn any time after
due process.
SHCTI0N 6. rcrm a/Frcz7ccrfez.se. -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 NTC;
b) Operate continuously for two (2) years; and
c) Commence operations within three (3) years from the effectivity of this Act.
SHCTION 7. 4ccapfcz#ce cz#d CompJz.cz#ce.  - 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.
SECTION 8. Bo#c7.  - The grantee shall file a bond issued in favor of the NTC, which shall
determine the amount, to guarantee the compliance with and fulfilment 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 fulfilled the same, the bond shall be forfeited in favor
of the government and the franchise ipso facto revoked.


SE:CTIOIN  9. Selfregulation  by and  Undertaking Of the  Grantee.  - The grandee shall riof
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.
SECTION  10.  Wczrrcr#fy z.# Fcrvor a/IVcrfz.oHcr/ cr#d foccr/ Gover#rme#ts.  - 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.
SECTION 11. IVo#fr¢j7s/erczbj./I.fy a/Frcr#c¢z.se.  -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. 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.
SHCTI0N 12. Dz`sperscz/ a/Ow2eJ.sfoz.p.  -In accordance with the constitutional provision to
encourage public participation in public utilities, the grantee shall offer at least thirty per centuni
(300/o) of its outstanding capital stock or a higher percentage that may hereafter be provided by
law in any securities exchange in the Philippines within five (5) years from the time it has achieved
that statue of a national broadcasting network. A "national broadcasting network" is hereby defined
as one that operated three (3) or more radio stations. Noncompliance therewith shall render the
franchise ipso facto revoked.
SECTION  13. Eq#J.fy C/crane.  -  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.
SECTION 14. Ge#era/ 87.oadccrs/ Po/z.c); £c";. -The grantee shall comply with and be subject
to the provision of a general broadcast policy law, which Congress may hereafter enact.
SHCTI0N 15. Repor/orz.cr/ Req#z.reme#J.  - 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.


SECTION 16. Sepczrczbz./try C/czcfse.  - If any of the sections or provisions of this Act is held
invalid, all other provisions not affected thereby shall remain valid.
SECTION 17. Repea/abz./I.ty cI72d IVo7?exc/t/sz.vz.ty C/clwse.  - 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 privileges herein provided for.
SECTION  18. Ejj7rec/j.vz.fy C/cr#se.  -This Act shall take effect fifteen (15) days from the
date of its publication, upon initiative of the grantee, in at least two (2) newspapers of general
circulation in the Philippines.
Approved,