Republic of the Philippines
HOUSE OF REPRESENTATIVES
‘Quezon City

FIFTEENTH CONGRESS
First Regular Session

House su no._ 1886

Introduced by REP. AMADO S. BAGATSING

EXPLANATORY NOTE

This bill seeks to grant TV Maria Foundation Philippines, Incorporated a franchise to construct, install,
establish, operate and maintain broadcasting as well as communication stations using modem satellite and
terrestrial facilities in the Philippines.

‘TV Maria Foundation Philippines, Incorporated, or simply known as TV Maria, is a non-profit, non-stock
religious organization of the Catholic Bishops’ Conference of the Philippines through the Archdiocese of
Manila that is tasked to oversee the work of evangelization of the Catholic faith through television and
internet broadcasting as well as other forms of modern communication facilities to reach its parishioners, It
promotes not only the importance of communication and information in building a nation — an importance
also acknowledged by the 1987 Philippine Constitution in Section 23, Article I! — but also the importance of
interweaving these with Filipino Christian values.

‘Though in operation for five years now, TV Maria is at present merely a content provider for a TV channel
that is not yet accessible to everyone. Also, though television channels such as EWTN are currently airing
Catholic programs in the Philippines, the country has yet to have a Filipino Catholic television channel to
cater to its main target audience of Roman Catholic Filipinos, which comprise about 80.9% of the Filipino
population.

The Church recognizes the importance of keeping up with the times to reach out to a greater number of
People. And TV Maria will be its means to cater to a Filipino audience who are hungry for God's Word
through television as well as through various alternatives such as the Internet and the cell phone.

CE

Amado S. Bagatsing
Representative
5" District, Manila

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



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

io, 1886

HOUSE BILL NO.

Introduced by REP. AMADO S. BAGATSING

AN ACT GRANTING TV MARIA FOUNDATION PHILIPPINES, INCORPORATED A
FRANCHISE TO CONSTRUCT, INSTALL, ESTABLISH, OPERATE AND MAINTAIN
BROADCAST AS WELL AS COMMUNICATION STATIONS USING MODERN SATELLITE
AND TERRESTRIAL FACILITIES IN THE PHILIPPINES

Be it enacted by the Senate and the House of the 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 TV Maria Foundation Philippines,
Inc. hereunder referred to as the grantee, its successor or assigns, a franchise to construct, install,
establish, operate and maintain for religious purposes and in the public interest, television
broadcasting stations in the Philippines, where frequencies and/or channels are still available for
television broadcasting, through microwave, or other electromagnetic waves, satellite or whatever
means, including the use of any new technologies in television broadcasting, with the
corresponding technological auxiliaries and facilities, special broadcast and other program and
distribution services and relay stations. Aside from television, the internet and cellular phones will
also be utilized as means for fulfilling its other services — such as cyber education, open-access
and interactive database, and easier networking between parishes and dioceses — all which are for
‘evangelization purposes

Section 2. Manner of Operation of Station of 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.

Section 3. Prior Approval of the National Telecommunications Commission. The grantee
shall secure from the National Telecommunications Commission (NTC), hereafter referred to as
the Commission, a Certificate of Public Convenience and Necessity or the appropriate permits and
licenses for the construction, installation and operation of its telecommunication systems/facilities.
In issuing the certificate, the Commission shall have the power to impose such conditions relative
to the construction, operation, maintenance, or service level of the telecommunications system
The Commission shall have the authority to regulate the construction and operation of its
telecommunications systems. Such certificate shalll state the areas covered and date the grantee
shall commence the service. The Commission, however, shall not unreasonable withhold or delay
the grant of any such authority, permits or licenses.

Section 4. Responsibility fo 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 grantees, 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 operated.

Section 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 permits by the
NTC;

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

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

Section 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. Non-acceptance shall render the
franchise void

Section 8. Bond. The grantee shall file a bond issued in favor of the National
Telecommunications Commission, which shall determine the amount, to guarantee the compliance
with the fulfilment of the conditions under which this franchise is granted. If, after five (5) years
from the date of the approval of its permit by the Commission, the grantee shall have fulfilled the
same, bond shall be cancelled by the Commission. Otherwise, the bond shall be forfeited in favor
of the government and the franchise ipso facto shall be revoked.

Section 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 shalll constitute a valid cause for the cancellation of this
franchise,

Section 10. Warranty in Favor of the 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, transmitters, facilities and
equipment of the grantee.

Section 11. Non-transferability of Franchise. The grantee shall not lease, transfer, grant the
sufruct 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 to which this franchise is sold, transferred or assigned, shall be
Subject to the same conditions, terms, restrictions and limitations of this Act.

Section 12. Equality Clause. Any advantage, favor, privilege, exemption, or immunity
granted under existing franchise, 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 the 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 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.

Section 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.

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 Noexclusivity Clause. This franchise shall be subject to
amendment, alteration, or repeal by the Congress of the Philippines when the interest of the public
0 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 from the date of its

publication, upon the initiative of the grantee, in at least two (2) papers of general circulation in the
Philippines

Approved