Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

HOUSEBILL No.9504

Introduced byHon. Arthur C. Yap

This bill seeks to renew the franchise granted to Bohol Chronicle Radio
Corporation, under Republic Act No. 7634 entitled, An Act authorizing the
transfer and assignment to the Bohol Chronicle Radio Corporation of the franchise
to construct, operate and maintain television and radio broadcasting stations in the
province of Bohol grated under Republic Act numbered forty-seven hundred and
ninety two to ZoiloDejaresco, Jr., and renewing the terms of the said franchise to
another twenty five (25) yeas from the date of effectivity of this act”, enacted into
law on July 24, 1992.

The Bohol Chronicle Radio Corporation is an entity that has been granted
authority by the state to operate for the last fifty years. It be began in wirecasting in
1961, through its station DYRD-AM, serving the people of Bohol its public
service, and current affairs programs. In 1980 it branched out in the FM band,
establishing DYRD-FM and after DYZD-AM in the town of Ubay.

The Bohol Chronicle Radio Corporation has served the Boholanons in
disseminating vital information, in pursuit of the constitutional recognition of the
state of the vital role of communication and information in nation building.

The term of the franchise of the Bohol Chronicle Radio Corporation, which
is twenty-five (25) years, will expire in July 2017.

Media plays a crucial role in the development and growth of our country.
Through the years, the Bohol Chronicle Radio Corporation has exemplified this
role, specially in every crisis — be it a ravaging typhoon or a massive earthquake,
giving the much needed updates and information to the people, and connecting
their concerns with the appropriate government authorities.

It is therefore imperative that the continuation of this kind of public service
be given the states imprimatur, and support.

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

Arthuf CAW’ap

Representative


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

HOUSE BILL No, 9504

Introduced by Hon. Arthur C. Yap

AN ACT RENEWING THE FRANCHISE GRANTED TO THE BOHOL
CHRONICLE RADIO CORPORATION TO CONSTRUCT, MAINTAIN AND
OPERATE RADIO BROADCASTING STATIONS IN THE PHILIPPINES,
UNDER REPUBLIC ACT NUMBERED SEVENTY SIX HUNDRED AND
THIRTY FOUR TO ANOTHER TWENTY-FIVE YEARS FROM THE DATE
OF APPROVAL OF THIS ACT

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

Section 1, Renewal of Franchise. ~ The franchise of Bohol Chronicle Radio
Corporation, its successors and assigns, hereinafter referred to as grantee, to the
construct, maintain and operate radio broadcasting stations in the Philippines under
Republic Act Numbered Seventy Six Hundred Thirty Four, is hereby renewed to
another twenty-five years from the date of approval of this Act.

Section 2. Parity Clause. — In the event any competing individual,
partnership or corporation has received or shall receive from the Congress of the
Philippines a similar franchise containing in any term or terms more favorable than
those herein granted or tending to place the herein grantee at any disadvantage then
such term or terms shall ipso facto become a part of the terms hereof and shall
operate equally in favor of the grantee as in the case of said competing individual,
partnership or corporation.

Section 3. 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
the other existing stations or stations which may be established by law.

Section 4. Prior Approval of the National Telecommunications Commission.
— The grantee shall secure from the National Telecommunications Commission the
appropriate permits and licenses for its stations 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 5. Responsibility of the Public. - The grantee shall provide
reasonable public service time to enable the Government, through the said
broadcasting stations, 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 for
the broadcasting of obscene and indecent language or speech, or for the
dissemination of deliberately false information or willful misrepresentation to the
detriment of the public interest, or to incite, encourage, or assists in subversive or
treasonable acts.

Section 6. Right of Government. — The President of the Philippines, in times
of rebellion, public peril, calamity, emergency, disaster or disturbance of peace and
order, may temporarily take over and operate the stations of the grantee,
temporarily suspend the operation of any station in the interest of public safety,
security, public welfare, or 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 during the period when they shall be so operated.

Section 7. Tax Provisions. — The grantee, its successors or assigns shall be
liable to pay the same taxes on their real estate, buildings and personal property,
exclusive of this franchise, as other persons or corporations which are now or
hereafter may be required by lawto pay. In addition thereto, the grantee, its
successors or assigns shall pay a franchise tax equivalent to three percent (3%) of
all gross receipts of the radio/television business transacted under this franchise by
the grantee, its successors or assigns and the said percentage shall be in lieu of all
taxes on this franchise or earnings thereof; provided, that the grantee, its successors
or assigns shall continue to be liable for income taxes payable under the National
Internal Revenue Code.

The grantee shall file the return with and pay the tax due thereon to the
Commissioner of Internal Revenue or his duly authorized representative in
accordance with the National Internal Revenue Code and the return shall be subject
to audit by the Bureau of Internal Revenue.

Section 8. Self-regulation by and Undertaking of Grantee. — The grantee
shall not require any previous censorship of any speech, play, act, scene or such
other matter to be broadcast and/or telecast from its stations; but if any suchspeech,
play, act, scene or such other matter should constitute a violation of the law or
infringement of a private right, the grantee shall be free from liability, civil or
criminal, for such speech, play, act, scene or such other matter; provided, that the
grantee, during any broadcast or telecast, shall cut off from the air the speech, play,
act, scene or such 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 hereof is indecent or immoral; and willful failure to do so shall constitute a
valid cause for the cancellation of this franchise.

Section 9. Warranty in Favor of National and Local Governments. — The
grantee shall hold the national, provincial 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 10. Sale, Lease, Transfer, Usufruct, etc. - The grantee shall not
lease, transfer, grant the usufruct of, sell or assign this franchise or the rights and
privileges acquired thereunder to any person, firm, company, corporation or entity,
nor merge with any other corporation or entity without the prior approval of the
Congress of the Philippines. Neither shall the controlling interest in the grantee be
transferred, whether as a whole or in parts and whether simultaneously or
contemporaneously, to any such private person, firm, company, corporation or
entity without the prior approval of the Congress of the Philippines. Any person to
which this franchise is validly sold, transferred or assigned shall be subject to all
the same conditions, terms, restrictions and limitations of this Act.

Section 11. Renewal of the Franchise. — The term of the franchise granted
under Republic Act No. 7634 is hereby renewed to another twenty-five (25) years
from the date of effectivity of this Act.

Section 12. General Broadcast Policy Law. — The grantee shall comply with
and be subject to the provisions of a general broadcast policy law that may
hereafter be enacted.

Section 13. Separability Clause. — If any of the sections or provisions of this
Act is held invalid, all the other provisions not affected thereby shall remain valid.

Section 14. Repealability and Non-exclusivity 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 15. Reportorial Requirements. — The grantee shall submit a report to
the Congress of the Philippines on its compliance with the terms and conditions of
this franchise and on its operations.

Section 16. Effectivity Clause. — This Act shall take effect fifteen (15) days
from the date of its publication in at least two (2) newspapers of general circulation
in the Philippines.

Approved.