Republic of the Philippines
House of Representatives
Quezon City, Metro Manila

THE EIGHTEENTH CONGRESS
Second Regular Session

HOUSE BILL No8921

AN ACT GRANTING THE DEPARTMENT OF EDUCATION A FRANCHISE TO
CONSTRUCT, INSTALL, ESTABLISH, OPERATE AND MAINTAIN A RADIO AND
TELEVISION BROADCASTING STATION TO BE SITUATED IN REGION XII,
PROVIDING FUNDS FOR THE ESTABLISHMENT OF THE NECESSARY
INFRASTRUCTURES, PROCESSES, AND OTHER WORKS REQUIRED THERE FOR
AND FOR OTHER PURPOSES

Introduced by Representative Shirlyn L. Baiias-Nograles

EXPLANATORY NOTE

This Bill seeks the granting of a franchise to construct, install, establish, operate and
maintain a radio and television broadcasting stations, motu propio, in favor of the Department of
Education (DepEd) to be situated in Region XII, complete with the necessary infrastructures,
funds, processes, and other works required there for.

This initiative proceeds from the Constitutional provision which directs the State to give
priority to education, science and technology, arts, culture, and sports, to foster patriotism and
nationalism, accelerate social progress, and promote total human liberation and development!,
more so, amid this prolonged state of pandemic that has seriously affected the country’s basic
education sector.

Acting as the supreme guardian of the youth and children, it is therefore imperative upon
this 18 Congress to assert its plenary authority and, by its own, cause the immediate provision of
the needed alternative support infrastructures to education in far-flung indigenous communities
within the perspective of a “whole-of-nation approach” to development, particularly in Region
XII, where internet services are more often out of reach, if only to make sure that the State does
not and will never relent in protecting and promoting the right of citizens to quality education at
all levels, and shall take appropriate steps to make such education accessible to all”,

In view whereof, immediate approval of this Bill is most sincerely sought.

va wt
SHIRLYN L. BANAS-NOGRALES

* Section 17, Article I, 1987 Constitution,
2 Section 1, Article XIV, 1987 Constitution


Republic of the Philippines
House of Representatives
Quezon City, Metro Manila

THE EIGHTEENTH CONGRESS
First Regular Session

8921
HOUSE BILL NO.

AN ACT GRANTING THE DEPARTMENT OF EDUCATION A FRANCHISE TO
CONSTRUCT, INSTALL, ESTABLISH, OPERATE AND MAINTAIN A RADIO AND
TELEVISION BROADCASTING STATIONS TO BE SITUATED IN REGION XII,
PROVIDING FUNDS FOR THE ESTABLISHMENT OF THE NECESSARY
INFRASTRUCTURES, PROCESSES, AND OTHER WORKS REQUIRED THERE FOR
AND FOR OTHER PURPOSES

Introduced by Representative Shirlyn L. Baiias-Nograles

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 the Department of Education
(DepEd), hereunder referred to as the grantee, its successors or assigns, a franchise to construct,
install, establish, operate and maintain for educational and revenue-generating purposes and in the
public interest, a radio and/or television broadcasting stations to be situated in Region XII where
frequencies and/or channels are still available for radio and/or television broadcasting, including
digital radio and television system, internet protocol-related services and internet protocol-value-
added 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 field of radio and television
broadcasting, with the corresponding technological auxiliaries and facilities, special broadcast and
other program and distribution services and relay stations.

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 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. In no way shall the operator of the grantee nor
the radiated power of its stations or facilities exceed that required to cover the area where it is
allowed to operate.

Section 3. Prior Approval of the National Telecommunications Commission (NTC). — The
grantee shall secure from the 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 and 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. 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;
spearhead the functions of public information and education; conform to the ethics of honest
broadcasting; 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
mistepresentation, 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 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 at any time
after due process.

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
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.

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. Nonacceptance shall render the
franchise void.

Section 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 fulfilled 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.

Section 9. Self-regulation by and Undertaking of the 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.


Section 10. Obligation of the Grantee. ~ Any person aggrieved by any remark, report,
statement, commentary or the like by a broadcaster using the same facilities of the grantee shall
have the right to reply in the same program or any other program the aggrieved party may choose.

Section 11. Warranty in Favor of National and Local Governments. — The grantee shall not
hold the national, provincial, city and municipal governments of the Philippines liable 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 12. Nontransferability 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. 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 13. Equality Clause. — Any advantage, favor, privilege, exemption or immunity
granted under existing franchise, or which may hereafter be granted for radio and 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. 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 15. 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 16. Budgetary Provision. — All budgetary requirements for the planning,
organization, processing, construction, installation, implementation, management, and continued
operation and maintenance of the necessary protocols or infrastructures required under this Act
shall be appropriated immediately in the General Appropriations Act (GAA).

Section 17. Joint Interim Technical Working Group. ~ Within fifteen (15) days after this
Act shall have been approved, the President shall issue an Order thereby constituting a Joint
Interim Technical Working Group (JITWG) composed of some scientists, engineers and
professionals of other related fields of expertise coming from the Department of Education
(DepEd), the National Telecommunications Commission (NTC), The Department of Science and
Technology (DOST), The Department of Information and Communications Technology (DICT),
The Department of Budget and Management (DBM), and The Civil Service Commission (CSC)
to devise, organize, and carry out programs and projects necessary for the immediate construction,
installation, and operation of such radio and television broadcasting stations authorized by this
Act, the same to be clothed with the following responsibilities, to wit:

a. For the time-being oversee the immediate, efficient, and effective
implementation of the provisions of this Act;

b. Come up with some frameworks that will cause to determine and direct the
strategic construction, geographic location, installation, management, and
operation of such radio and television broadcasting stations including its
facilities or other activities related therewith;


c. Prepare plans, programs of works (POWs), and other related details or
components thereof;

d. Set forth and propose the necessary budgetary requirements there for,

©. Act as Secretariat to a Special Bids and Awards Committee (SBAC) to be
constituted for the purposes thereof,

f. Pursuant to Civil Service Rules come up with some lean and mean
organizational structure and staffing pattern or plantilla thereof;

g. Monitor the progress thereof and certify as to its completion;

h, Facilitate the immediate turn-over of each completed project, complete with
all its necessary components or facilities, to the Department of Education
(DepEd) for subsequent operation and management; and

i, Perform such other related responsibilities as the President of the Republic
may require or authorize from time to time.

The JITW, in the conduct of the foregoing responsibilities or day-to-day affairs, shall be
made to report its accomplishments directly to the President of the Republic for consent or
approval. Its members to hold office during their terms at any viable government office or facility
as the President may authorize. Their official roles and responsibilities to continue or terminate
immediately upon the President’s discretion or advice.

Section 18. Disbursement of Revenues. — All revenues generated from the operation of
such radio and television stations shall accrue to the coffers of the Department of Education
(DepEd), to be utilized for no other purposes: Except, to facilitate the continued improvement or
maintenance of these same facilities including its human resources, equipment or services.

Section 19. 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 20. 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 21. Effectivity Clause. ~ This Act shall take effect fifteen (15) days from the date
of its publication in the Official Gazette and, upon the initiative of the grantee, in at least two (2)
newspapers of general circulation in the Philippines.