7, sEPRES,
e

Republic of the Philippines
HOUSE OF THE REPRESENTATIVES
Quezon City, Metro Manila

“@
RECEIVED @

are: MAY 23 2017
:
>

nue

i

SEVENTEENTH CONGRESS
First Regular Session

HOUSE BILL No. 9702

Introduced by: HON. ERIC D. SINGSON

EXPLANATORY NOTE

This Bill seeks to renew for another twenty-five years the franchise granted
to Tirad Pass Radio TV Broadcasting Network, Inc. under Republic Act No. 8070
entitled: “AN ACT GRANTING THE TIRAD PASS RADIO TV
BROADCASTING NETWORK, INC., A FRANCHISE TO CONSTRUCT,
ESTABLISHED, OPERATE AND MAINTAIN COMMERCIAL AM-FM
RADIO AND TELEVISION STATIONS IN THE PHILIPPINES, AND FOR
OTHER PURPOSE”, which is to expire in the year 2020.

DZTP Radyo Tirad Pass has for more than two decades been the source of
information and entertainment in the Ilocos and CAR regions, providing weather
updates and local storm warnings, local traffic, local emergencies, sports talk,
politics, local and national news and other kinds of public service and public
information, including music and other forms of entertainment. While many would
rely on cell phones, television, and the internet, the radio, being a more readily
available tool, is still a very important medium of communication to a large part of
the country and will continue to be so for the next foreseeable future. While it is
still very much relevant to people from urban areas, it is even more so for those
living in far flung, rural and upland areas of our region.

In this light, the approval of this bill is earnestly sought.

ERIC D. SINGSON


Republic of the Philippines
HOUSE OF THE REPRESENTATIVES
Quezon City, Metro Manila

SEVENTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 5702

Introduced by: HON. ERIC D. SINGSON

AN ACT RENEWING FOR ANOTHER TWENTY-FIVE (25) YEARS THE
FRANCHISE GRANTED TO TIRAD PASS RADIO TV BROADCASTING
NETWORK, INC. UNDER REPUBLIC ACT NO. 8070, ENTITLED “AN ACT
GRANTING THE TIRAD PASS RADIO TV BROADCASTING NETWORK,
INC., A FRANCHISE TO CONSTRUCT, ESTABLISHED, OPERATE AND
MAINTAIN COMMERCIAL AM-FM RADIO AND TELEVISION STATIONS IN
THE PHILIPPINES, AND FOR OTHER PURPOSE”

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

SECTIONI1. Nature and Scope of Franchise. —Subject to the provisions of the
Philippine Constitution and applicable laws, rules and regulations, the franchise granted
to Tirad Pass Radio TV Broadcasting Network, Inc., hereunder referred to as the grantee,
its successors or assignees under Republic Act No. 8070, to construct, install, establish,
operate and maintain for commercial purposes and in the public interest, radio and/or
television broadcasting stations, including digital television system, through microwave,
satellite or whatever means, as well as the use of any new technology in television and
radio systems, with the corresponding technological auxiliaries and facilities, special
broadcast and other program and distribution services and relay stations in the
Philippines, is hereby renewed for another twenty-five (25) years from the effectivity of
this Act.

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 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 availability thereof.

SEC. 3. Prior Approval of the National Telecommunications Commission. -
The grantee 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
authorization from the NTC. The NTC, however, shall not unreasonably withhold or
delay the grant of any such authority.

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 programming; promote public participation such as in community
programming; assist in the functions of public information and education; conform to the
ethics of honest enterprise; and not use its stations or 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.

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 the stations or facilities during the period
when these shall be so operated.

SEC. 6. Term of Franchise. — This franchise shall be in effect for a period of
twenty-five (25) years from the approval 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.

SEC, 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.

SEC. 8. Public Ownership. —n compliance with the constitutional mandate to
democratize ownership of public utilities, the herein grantee, its successors or assignees,
shall continue to maintain its status as a publicly-held corporation.

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 but if any such speech, play, act or scene, or other matter
should constitute a violation of the law or infringement of a private right, the grantee
shall be free from any liability, civil or criminal, for such speech, play, act or scene, or
other matter: 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 revocation and cancellation of this franchise.

SEC. 10. 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, liabilities, demands, or actions arising out of accidents, causing
injury to persons or damage to properties, during the construction or operation of the
stations of the grantee.


SEC. 11. Sale, Lease, Transfer, Usufruct, or Assignment of Franchise. — The
grantee shall not sell, lease, transfer, grant the usufruct of, 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 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:
Provided, That Congress shall be informed of any sale, lease, transfer, grant of usufruct,
or assignment of franchise or the rights and privileges acquired thereunder, or of 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 the same conditions, terms, restrictions, and limitations of this Act.

SEC. 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.

SEC. 13. Equality Clause. — Except for taxes and customs duties, 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 territorial
coverage, the term, or the type of service authorized by the franchise

SEC. 14. Separability Clause. ~ If any of the sections or provisions of this Act is
held invalid, all other provisions not affected thereby shall remain valid.

SEC. 15. 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. 16. Repealing Clause. — All laws, orders, issuances, rules and regulations or
parts thereof inconsistent with this Act are hereby repealed, amended, or modified
accordingly.

SEC. 17. Effectivity. — This Act shall take effect fifteen (15) days after its
publication in at least two (2) newspaper of general circulation.

Approved,